 Halennydd, y defnyddio'r ystafellu'r yw iwyig o wanfodol a fyddai'n deall i ddimon y Skyrthys a ofisor. Efallai y gweithio'n rhaglenwyniadau roedd y cymryd ymddianneb hwn yn fawr i gael alsiwnol. A gael angen i тыchenniol. Efallai chi'n digwydd rwy'n teimlo i gynau cyfryd i gaeliaethol, a'i ddysgwys ar gyfer ei gweld, mae gennych i ddifen ni ychydig i ddull yn ddigwydd ar gyfer tanthuig a fyddiaid mewn challenges. talking to cohesion, wnaadd grann referred to a number of things that, including what we just launched, was that we were in a consultation exercise on the 14th of November, soges. 1 Scotland hate has no home here to inform the content of modernised hate crime legislation that has fit for the 21st century, as well as that on the 26th of September, in partnership with Police Scotland, our hate crime campaign was also launched. The campaign aims to encourage witnesses to report hate crime by sending a very clear message that Hatred and prejudice will not be tolerated in Scotland. Llywodraeth ymlaen nhw'n lleol, a oedd oedd cymunedau i eich eu dwyg ar ôl, poddi ddwyng mwr... Ymlaen nhw'n lleol, os yw'r preffesion ffordd, am ddiwethaf edryd o fydag i ddim yn ei fwy o'r lleol. Felly, os oedd oedd oedd oedd oedd oedd oedd'r lleol yn ei fwy o hoffa ar gyfer ein anthod i ddim yn ei fwy o hoffa ar gyfer eu fwy o hoffa ar gyfer y proses yr cael Iron. Gdeddo â'r uniteithio argymall y gallwch gweithgoffodau a ffordd i'r regiolol i'r mwy o anghyfod. Felly, ydy, aeth y parlym yn gyfasydd i'r cymryd, mae rhysnodd Blyhar Wilson ddewid i'r homofopiug a'r blag, i ddewid i'r cymryd. Mae'n dweud ym mwy oedd yng Nghymru, ac mae'n ddewid i ddewid i'r cymryd, yn cael ei rhan, yn ymdillog, ac mae'n ddewid i'r cymryd. Mae'n ddewid i'r cymryd i'r cymryd, ac mae'n ddewid i'r cymryd i'r cymryd, ac mae'n ddewid i'r cystafeliad i gael i Wasехol, ond byddai i gael i'r wybiad. Rydyn ni i gael i gael i Bylaiart ac yn meddwl i'r Gwelir i'r cy cockrochau, i gael i that i chi i gael i gael i'r gwybod, i gael i'r gyflynig, i gael i'r gwahodau i'r methu byd i gael i Gwelir i'r cyffredinol i Gwelir i Gwelir i chi'r hyn o'r gwybod yn gwybod i'r Gwelir i Gwelir i Gwelir i gael i'r Gwelir i Gwelir i Gwelir i'r Gwelir i Gwelir i Gwelir i I could not have articulated it better than Tom Arthur has done. I, of course, add my admiration to Blair Wilson for what he conducted himself in the aftermath of that terrible hate crime. I think a number of other people came out in their support and admiration for Blair as well. I have been the victim of hate crime myself. I know how difficult it is to deal with. I know how much of an effect it can in a person. Nobody would have faltered Blair if he had chosen to deal with that in a personal way. Instead, he defintely, as Tom Arthur rightly says, chose to tell his story and put out there some of the terrible hatred that gay people have to deal with in terms of the homophobic abuse that Blair went through. I want to join Tom Arthur in putting on record my admiration for Blair and the Kindless number of others who stand defiantly in the face of hatred and say that simply there is no home for hatred here in Scotland. Liam Kerr. Lord Bracadale's expert review recommended that statutory aggravations should continue to be the core method of prosecuting hate crimes in Scotland rather than stand-alone offences. Why does the Scottish Government appear to be departing from that? Dabrasig. We don't. We are going to be consulting on Lord Bracadale's recommendations. We still think that statutory aggravators are the right way to go. I'm not sure from where his question necessarily is stemming from, if it is the question on misogyny, then we will look at that and consult on that, take views on that. It may well be that the views that come back to us suggest that the issue of misogyny, which is deeply ingrained within our society, within our institutions, may be looked at out with the hate crime framework. That is something that I will wait to see the consultation responses. I'm meeting with Engender and some other organisations who are vocal on the issue very shortly. We are very much consulting on the statutory aggravator approach that Lord Bracadale thought was the best approach to tackling hate crime. However, as I said, I'll wait for the consultation responses to come back on misogyny before we take a detailed consideration and define the best approach to tackle that issue on the way forward. 2. Jamie Greene To ask the Scottish Government how many police officers there are. As of 30 September 2018, there were 17,147 full-time equivalent police officers in Scotland, an increase of 913 since 2007. Jamie Greene I thank the cabinet secretary. If we dig deeper into those figures and look at the number of divisional officers, he'll see that they've been cut by nearly 350 since the regional force has merged. In the last Scottish Crime and Justice Survey, it revealed that the number of Scots that are aware of a local police patrol has dropped by over 10 per cent since 2012. Given those findings, if the cabinet secretary does not think that there's been a loss of capacity at the front, does he at least accept that that's the public's perception? Jamie Greene's brass neck has to ask the question about the audacity to come to the chamber and lecture the SNP in police numbers. We've increased the numbers since we've come into power. We've protected budgets for the police as well. There's been a 5 per cent increase in police officer numbers since 2007. In terms of his party's record in England and Wales, there's been a 20,000 officer reduction. That's 13 per cent. The majority of that at his party was in control. To Scotland, there would only be 14,000 officers, not 17,147. If he'll forgive me if I don't choose to take any lectures from him on police officer numbers, in terms of the divisional versus regional versus national split, what I would say is that when it comes to national officers and the national structure, it is local communities that benefit from national capabilities, such as human trafficking, such as tackling issues around child protection, that is felt at a local level. We'll continue to do what we're doing, which has seen a reduction of crime over the past decade. We'll continue to reward our officers with a 6.5 per cent increase. We'll continue to make sure that they're well resourced and we'll continue to make sure that we have a capable police service. What I would say to Jamie Greene is that next time he comes questioning and lecturing me to this chamber about police numbers, he may want to look at what his party is doing south of the border. The cabinet secretary clearly shares my astonishment at the sheer cheek of Tories who blindly support a UK Government that has cut police officer numbers in England and Wales by a whopping 21,330. Yet he criticises this Government for increasing police numbers by 913. Does the cabinet secretary agree that if the Tories really cared about policing, they would demand at the UK Government return to Police Scotland the £125 million in VAT payments that they owe us? Absolutely. Of course, I would associate myself with that. Of course, the backdated VAT for the fire service would be a nice additional compliment as well. It's not just me that thinks that the Tories are completely decimating policing south of the border. It was the Home Affairs Select Committee that said that the Home Office run by Jamie Greene's party shows a complete failure of leadership on policing. That report was signed by two Scottish Tory MPs as well. We will continue to do the good work that we are doing on policing, the good work that has seen record low levels of crime here in Scotland. I will continue to let Jamie Greene carp out from the sidelines. I urge short questions and short answers. To ask the Scottish Government what discussions it has had with Police Scotland regarding the reform of vetting procedures for recruitment to the police service. Vetting procedures are an operational matter for Police Scotland within the overall legal framework provided by the Parliament. Scottish Government officials regularly meet Police Scotland to discuss a range of issues. Those meetings do, on occasion, cover the operation of vetting procedures for recruitment to Police Scotland. I am grateful to the cabinet secretary for that response. Jamie Duff is my constituent. He is 23 years old. On two occasions now, he has applied to join Police Scotland both as a police officer and as a special constable. He has been rejected both times at vetting phase for third party association. Jamie's father has a criminal record, but Jamie became estranged from his father aged one. That is not a restriction that applies in other parts of the United Kingdom. Does the cabinet secretary agree with me that people like Jamie should not be impeded in their life choices through the sins of their parents? Alex Cole-Hamilton will forgive me if I do not go into the details of a specific case of which I do not have detail of. I am more than happy for him to share those details with me and to have a conversation with Police Scotland. In the same vein, I am sure that Alex Cole-Hamilton will completely understand that, as a Government minister, I would not look to interfere in the vetting process on individual cases. It would simply not be right that a Government minister has the power to decide who is recruited to the police or not. On the issue of checks and third-party vetting, as Alex Cole-Hamilton says, checks are undertaken not only in the applicant but also third parties linked to the applicant. Those include family members or associates where there is information that third parties have convictions or are engaged in criminal activity. The police consider carefully what the relationship is likely to be, whether that relationship is likely to compromise the applicant, the operations of Police Scotland or compromise the reputation of Police Scotland. Police Scotland will always work within a legal framework. If their risk is considered too great, an applicant can be refused for vetting clearance. I will also say in the final point that I will make to Alex Cole-Hamilton that this is not specific at all to the case. I am just talking in the general and hypothetical, of course. From my conversations with the stakeholders in the criminal justice system and others, there is clearly a concern about infiltration of serious organised crime groups attempting to infiltrate into the police. There is an understanding of why those important vetting procedures would have to be put into place. The issue of vetting goes to the heart of the integrity of our police officers, which is why the issues raised by Kate Frame at the Justice Committee last week are so serious. Those of inappropriate categorisation of complaints and the issues in terms of the process of justice. Can I ask the cabinet secretary if he knows whether or not charges have been brought against any of the officers that were implicated in those cases? I am not sure that that is directly related to vetting, but I did speak to Kate Frame after the Justice Committee appearance that I had to the commission. I do not know the specifics of where those cases absolutely are, but we had a very good conversation. I would say to the member that there has been a very detailed consideration by the Justice Committee of the Assurance and Complaints. He has been a part of that. I await the Justice Committee's report and recommendations. I also await Dame Elisha Angelini's interim findings on the review that she is carrying out on to this issue. The Government will take a very open mind about how we can improve that complaints procedure going forward. Maurice Corry What plans does the cabinet secretary have to encourage Police Scotland to recruit more armed forces veterans into either a full-time capacity post or as special constables? I will raise that with Police Scotland. Again, similar to my answer to a previous question from Alex Cole-Hamilton, this would be an operational matter for Police Scotland. My conversations with the chief constable just yesterday, in fact, were a very good conversation about how we want to increase the diversity of the police force. We want to ensure that there is a mix of people from making up reflective of our society and wider society within the police force. Certainly, if Maurice Corry wants to write directly to the chief constable about a very important issue, he can do that equally if he wishes me to raise it in my next conversation with the chief constable that I am more than happy to do so. Liam McArthur To ask the Scottish Government what progress is being made in establishing forensic examination facilities in Orkney for victims of rape or sexual assault. NHS Orkney is in the process of establishing a trauma informed person-centred forensic medical examination and healthcare service for adult victims of rape and sexual assault. The local pathways of care have been developed in collaboration with multi-agency partners, including Orkney rape crisis. The Scottish Government has committed £2.25 million in the current financial year to help to embed the published healthcare improvement standards and to ensure a consistency in approach to the delivery of those services across the country. Liam McArthur I thank the cabinet secretary for that response and echo the support of the work done by rape crisis Orkney and NHS Orkney, but I would also pay tribute to his predecessor Michael Matheson, who was incredibly supportive of those efforts. I understand from NHS Orkney that there are now two doctors who are now trained under the service and that, under an advert that went out recently, 20 more expressions of interests were forthcoming. Unfortunately, the training that is required to take up those posts involves travel off island, which is a cost in terms of travel and accommodation. Could he encourage colleagues in NHS Education Scotland to help to support the delivery of the training in Orkney so that we can maximise the resources and capability domestically in Orkney? I thank Liam McArthur for the question. I know that he has obviously had an interest in this issue for a while. I can also thank him for the work and recognition of the work that my predecessor did as well. I also put on record the excellent work that has been done by the task force led by the chief medical officer, Dr Catherine Calderwood, and the good work that has been done by other stakeholders and partners. On the issues that he raises, I will go back and reflect on those and come back to him with some update, because it may be that, of course, the training may be able to be done on Orkney, it may not be able to be done. Therefore, perhaps we should look at the travel costs involved and whether we are able to come to some sort of arrangement or some sort of agreement on that would be very open-minded to that. If he allows me the time, I will go back and reflect on what he has to say and see if I can come up with a solution that satisfies everybody. I ask about services for children who have suffered abuse. I understand that there are moves being made to protect adults but not children and they still need to go off island. Can he look at that as well to make sure that children shouldn't travel in those circumstances? Let me also put on record the member's own efforts on that. I know that she had written to my predecessor and had a conversation with my predecessor on this hugely important issue. Of course, where that can be avoided absolutely should be, but we know, of course, the specialist training equipment and, indeed, because of the sensitivities around children, that might not always be able to be the case. Where it can be, we should absolutely look at that. I promise to write to Rhoda Grant to give an update on where we are in relation to children who have been victims of rape. The sensitivities involved in that, I think, all of us understand around the chamber and we are working to have a better solution for our children, whether they are on islands or, indeed, on our mainland. To ask the Scottish Government what information sheriffs are given regarding the availability of secure unit places when disposing of a case involving a young offender. It is a matter for the judge acting independently to decide what information is required when disposing of a case and remand cases. The local authority should request that the young person be remanded to their care. It is the local authority's responsibility to approach each secure unit to establish whether secure care is available as an option. If the young person is likely to receive a custodial sentence at a solemn proceeding, it is the Scottish Minister's responsibility to identify at advance of court an appropriate placement. Last week, I raised the question of the case of William Lindsay, who took his own life while in Pullman prison on remand. I want to be clear about what the cabinet secretary is saying. Does the cabinet secretary agree that the availability of secure places should not be a consideration for the sheriff who is trying to make a decision about the appropriate disposal? Can I answer the question about the reduction in secure places? That must surely be a cause for concern. I fully understand that there is an investigation on going in relation to deaths at Pullman prison, but surely, while the investigation is taking place, the cabinet secretary should satisfy himself that there are adequate alternatives to prison where that is appropriate in those cases. I think that there are all very important points that have been raised by Pauline McNeill. Can I once again put on record my sympathy to the family of William Lindsay? I know that Pauline McNeill has written to me to request a meeting, and of course I will be happy to do that and keep other members updated. To reiterate what I said, it would be for the local authority responsibility in order to find out whether there is secure accommodation available. In relation to the availability of secure units, she is absolutely right that there have been issues over the past few years around the lack of capacity available in secure units. It is something that the Deputy First Minister and I are looking at extremely closely. Some of that has been because of the cross-border cases. A lot of the cases that come to us are cross-border cases, and there are some sensitivities around making sure that there is a certain level of occupancy within secure units so that they can maintain and sustain themselves. That should not be at the cost of not having a space available, should it be required. Those are the issues that the Deputy First Minister and I are looking at. I should be able to say more in the coming days on some of what we are looking to do in relation to that. In relation to the actual individual circumstances, I will say once again that there will be, of course, fatal accident inquiries, mandatory fatal accident inquiries into the case of William Lindsay and indeed the other case that was mentioned around Paulman Katie Allen's case, but as the First Minister said at FMQs, last week we will not wait for those FAIs to make changes where we can and to effect change in a positive manner, but I will make sure that Pauline McNeill has kept up the date on that. 6. Patrick Harvie I apologise for coming into the chamber a few moments late for the start of question time. Can I ask the Scottish Government whether it expects to legislate on hate crime during the current parliamentary session following the end of the consultation process in 2019? Yes, our intention is to legislate on hate crime during the current parliamentary period. However, before doing so, it is essential that we have heard the voices of communities so that we are sure that the legislation that we will be bringing forward is relevant, appropriate, fit for the 21st century. Balancing new legislation with rights to free speech and civil liberties is also essential. We need to carefully look at the outcomes of our consultation, which is open to all individuals, communities and organisations, so that our legislation addresses identified needs, and affords sufficient protection for those who need it. I hope that everyone with their interests will participate in the consultation process. Patrick Harvie I certainly agree that we should all encourage everyone to participate in the consultation and recognise the importance of that process. However, that will be pretty much a decade after the arguments were first made for a comprehensive approach to hate crime instead of the piecemeal approach that we had seen before. I think that the commitment to legislation during the session is welcome. Can I ask about one of Lord Bracadale's recommendations? He concluded that specific measures in relation to anti-immigrant sentiment would not be needed because that was already covered by racial grounds. Does the Scottish Government yet have a view on that? We have clearly seen an uptick in anti-immigrant and other far-right sentiment. It seems to me that a case can still be made for some specific measures in relation to those matters to be dealt with as a distinct strand of hate crime. I am not the only one in this chamber that is the child of an immigrant and many of us know that the rise in anti-immigrant sentiment, particularly in the rise of that right across Europe, is an important one to be made. In terms of the specifics around whether there should be a statutory aggravator, for example, for anti-immigrant prejudice, there is a section in the consultation that allows a kind of open general question on what else needs to be added, what else do we have to consider in terms of issues. I will keep an open mind on the issue that Patrick Harvie raises that I have not taken of you, one where the other has been raised with me previously. I will keep an open mind to that. As I say, there is a section in the consultation that allows for additional points to be raised. I would encourage him and others who have an interest in this particular question to respond to the consultation positively. That concludes questions on justice and for the law officers. We will now turn to questions on transport, infrastructure and connectivity. Question 1, Richard Lyle. To ask the Scottish Government what steps are being taken to clear the land near the shorehead flyover of building materials, barriers and fences from the MA, M73, M74 motorway improvements. The area on the south side of the A at shorehead junction is a compound for storing construction material for the M8, M73 and M74 motorway improvement project. The Scottish Roads Partnership, the contractor for the project, has advised that materials are likely to be stored at this location until finishing and snagging works are completed, which is expected to be completed in the coming months. Richard Lyle. I am interested to know what coming months it is because it really is getting a bit of a sore. While I welcome the work that was done, there is still a lot of clean up to be done. Can I ask when this site will be cleared and finally restored to its previous state prior to the work, as it is totally unacceptable? The finishing works, as the contractor has stated, will be completed in the coming months over the winter period and the site will be cleared and restored to its original condition. Fulton MacGregor. The junction at shorehead in Kirchaws has seen a number of accidents since the update was completed. Most recently, a very serious accident at the weekend, which police have confirmed resulted in no blame being attached to either driver. The police and the local community have continually raised concerns about the junction. I have visited the site with Transport Scotland and had constructive discussions, but the changes that have been made as a result have not improved safety. Will the cabinet secretary agree to take up the situation directly with Transport Scotland to get the stranger junction sorted as quickly as possible? I am aware that Mr MacGregor has been pursuing this matter on behalf of his constituents for some time now. Scottish Roads Partnerships, the contractor for this particular project, undertook further works at the shorehead Kirchaws road junction at the end of October. I am disappointed to hear of the concerns that the member still has about this particular junction. We are awaiting further details on the accident to fully investigate it fully. However, I understand that the accident to which the member refers happened on the approach to north road junction and not at the Hogsmill Kirchaws road junction. Our contractors have confirmed that the junction is operating as designed and that it has no plans to carry out further work at the junction in the short term, although that will continue to be monitored. Having said that, SRP has confirmed that the junction has been completed in accordance with the relevant standards. Transport Scotland is currently organising an independent review to be undertaken at the junction to understand if there is further work to be done. I will ensure that the member has an invitation extended to him to attend the site when the review is taking place. I will also write to the member to give him the outcomes of the review once it is being completed. In the interest of transparency, I advise the chamber that I am the RMT parliamentary group convener. Can I ask the Scottish Government when the transport secretary last met the ScotRail alliance and what was discussed? I last met the managing director of the ScotRail alliance and some of his team on 6 November 2018, where we discussed a number of topics, including ScotRail's performance and the impending December 2018 timetable change. I thank the minister for his response. Did the cabinet secretary discuss the Government's fair work agenda, which does not, at this moment in time, seem very fair to the RMT, whose members are once again being affected by what Mick Ash calls the filthy and disgusting practice of dumping human excrement on Scotland's railways, a practice that the Scottish Government promised had ended in 2017? Will the cabinet secretary now tell us what options have been identified for the installation of controlled emission toilets prior to the full refurbishment of the new ScotRail rolling stock and its introduction into service on 9 December, or what temporary measures have been identified to mitigate the serious health risks for workers associated with effluent discharge? The member raises an important issue, which I know a number of members have concerns about, and rightly so the RMT on behalf of its members. I did not discuss it at the meeting that I had just the other week with the ScotRail alliance, because I had previously discussed it with them when they indicated that lab tech was not going to be able to deliver the new high-speed trains fully refurbished on a timetable that had been agreed. At that point, I raised concerns about the lack of retention tanks that would be held on the unrefurbished trains. At that point, ScotRail alliance agreed to consider whether interim measures could be put in place while the trains that are being used have not gone through the full refurbishment programme. They are continuing to look at seeing whether there is an interim arrangement that can be put in place, but I have asked them to look at all possible options to try to minimise the risk of discharge on to the lines, because I fully understand and recognise that this is an unacceptable practice. It has come about as a result of lab tech's lack of being able to deliver on the programme, but I am committed to making sure that ScotRail will consider every possible option to try to identify an interim arrangement that can minimise its potential risk. As well as the next question on the bulletin, there are three members who wish to add supplementaries on this. The first is Jamie Greene. The cabinet secretary may be aware that last week, over 100 services were cancelled due to staff shortages. Can the cabinet secretary explain why this is the case if his cancellations are acceptable to him and if passengers can expect any more disruption due to staff shortage? No, the cancellations are not acceptable to me. There are a variety of different reasons as to why there were staff shortages last week. ScotRail aligns are in absolutely no doubt about where their performance is at the present time. It is not acceptable. There is a need for action to be taken to ensure that they see improvements in addressing the issues around service quality and service standards. From the discussions that I have had with the managing director of ScotRail aligns, they accept that and recognise the need for further progress to be made. They are very clear in taking forward the recommendations that were set out in the Donovan review, which they believe will deliver significant improvements to the way in which they deliver services and that has been independently oversighted through the ORR process. I am very clear that we need to make sure that they are delivering the services that the public expect and that we will continue to call upon them to do so and to make sure that they are taking the necessary actions in order to improve service performance overall. Emma Harper To ask whether the South Scotland rail task force led by ScotRail has held any discussions or has any contingency plans in place in order to allow for the continuity of rail services south of air should further work be required at the station hotel to ensure that my South Scotland constituents living between Stranrad and air are not isolated or again cut off from the central belt. I recognise the inconvenience that is caused to the member's constituents when there are challenges relating to the air station as a result of the problems with the station hotel and its state of decay. As a member will be aware, the Transport Scotland set up the air station task force in order to look at what action could be taken to restore full rail services south of air. Interim services have been put in place in recent weeks. South Ayrshire Council and its contractors are currently working to develop a system to encapsulate the air station hotel building roof. That takes account of the commitment that was made by the FM, but that should allow us to get into a position where full services can be restored. That work is on-going at the present moment and we expect South Ayrshire Council to continue to make progress with that and we will continue to offer them support and assistance in helping to carry that work carried out as quickly as possible. Jackie Baillie Cabinet Secretary is clearly aware that performance of rail services are at an all-time low and indeed less than 50 per cent of services arrived at Baloch and Helensburgh on time. Trains have been cancelled and commuters are squeezed in like sardines. Is he aware that passenger numbers are dropping because of that unreliability? When does he expect performance to improve and why did he weaken performance targets at a time when he should have been on the side of commuters? The final point is incorrect. The conditions in the franchise continue to be applied in the way in which they would have been, even with the waiver that has been provided on a temporary basis. In relation to the points that the member makes regarding the performance on the line to Baloch, any time when there are cancellations of services is unacceptable. There can be a variety of reasons as to why that may occur. The member will recognise that infrastructure challenges have presented at ScotRail with a significant difficulty. In excess of 60 per cent of the delays and difficulties on the rail network are caused by network rail, not by ScotRail themselves, which causes significant challenges for rail operators to address these matters. I do not remember whether the member might not like to hear the truth, but I am afraid that that is the truth as well. What I would also say to the member is that what will not be lost on us is the very significant investment that we are making into rolling stock in order to make sure that we have additional capacity on routes and we have new and refurbished trains on routes. That work will continue to be taken forward by the Government with the new timetable changes that come into place in December of this month, which will allow us to extend further services into areas where services are not available at the present moment. Performance is not as good as it should be, but the member can be assured that we are committed to making sure that we do everything that we can to improve services, notwithstanding the fact that network rail is the biggest factor that causes problems and delays and cancellations on the network. To ask the Scottish Government what assurances it will give rail commuters in Tweedbank that services will be reliable this winter, given that last month more than 50 per cent of trains did not arrive to that station on time. Officials at Transport Scotland monitor and challenge rail performance through regular meetings, and that has recently included winter preparedness. Significant preparatory work has already commenced, with further actions continuing to manage the challenges of the up-and-coming winter conditions. That includes infrastructure train fleet stations, depots and staff briefings to ensure that the ScotRail lines deliver a robust and resilient service to customers. I would like to point out to the member that performance on Scotland's railways is measured by the public performance measure, the PPM, which is a standard measure for train service performance throughout Great Britain. PPM at Tweedbank in the last period, which is up to 10 November, was 86.4 per cent. Michelle Ballantyn I thank the cabinet secretary for that response, but in September you reduced the ScotRail's public performance monitoring targets to 87.18 per cent and in October you granted the ministerial waiver to Erbellio. Given that the Scottish Government will not be enforcing compliant breaches until June next year, what accountability can my constituents actually have in Tweedbank and to expect that ScotRail's PPM won't fall by another percentage point? I am sure that the member will welcome the fact that the PPM for Tweedbank is above the UK average on those matters, recognising the level of performance there. Having said that, we want to see it at a higher level where that can be delivered. The work that has been taken forward under the Donovan review, which I have already made reference to, is about making sure that we see those types of improvements. The member will also be aware of the significant financial investment that the Scottish Government is making in new rolling stock in order to make sure that we have increased capacity, more seats on trains and more modern trains, which allows us to cascade other services to other parts of the country. The member can be absolutely assured that we will continue to do everything that we can to drive up improvements in ScotRail's lines. Alongside that, we also expect Network Rail to step up and to start to address the issues because of the difficulties that they are causing as a result of infrastructure failures that have a dramatic impact on service quality for many customers across Scotland. To ask the Scottish Government what impact ScotRail performance is having on pupils who require the use of train services to travel to school. The ScotRail Alliance is making significant investment to deliver recommendations identified from the Donovan independent review, which will support infrastructure, fleet and operational reliability across the railway network to ensure the delivery of a resilient network. The Scottish Government has no data that details any particular impact of train cancellations or delays, specifically on children travelling to school. However, all rail passengers will benefit from the expected improvements to performance when actions from the Donovan review, which are currently being progressed, are fully implemented. I draw the minister's attention to the fact that I have been approached by parents of children in the Newton area who have had their education disrupted because of constant delays and cancellations at ScotRail. Those parents include Virginia Bell, mother of 13-year-old Natasha Humphreys. Does the cabinet secretary agree with me that it is totally unacceptable that pupils as young as first-year age are left and cold in dark ScotRail platforms because of cancellations and delays rather than being in the warmth of the school classrooms? Yes, it is unacceptable. All those will reason for ScotRail to address the issues that are identified in the Donovan review in order to make sure that they are addressing the concerns and the problems that are causing some of the delays and cancellations. That is why ScotRail has made it very clear through the ScotRail Alliance that they are doing everything they can to make sure that they drive forward improvements that were set out in the Donovan review. 5. Maureen Watt To ask the Scottish Government whether it will provide an update on the opening of the Aberdeen western peripheral route. Cabinet Secretary. My statement to Parliament on 1 November detailed the issues that ARL reported with opening the road, including more extensive technical issues at the Don crossing than the contractor had previously thought. I met ARL on 8 November to offer any additional support required to get the remainder of the road open as soon as possible and to understand the timescale for remedial work at the Don. I, my officials, have been involved in a series of high-level meetings with ARL since then designed to remove any obstacle to the road being opened while remedial work at the Don progresses. While the dialogue continues to be constructive, I am acutely aware that it cannot go on forever. I continue to be concerned that entirely separate commercial claims that the contractor has indicated that it wishes to pursue relating to other aspects of the project appear to be getting linked to this process. I have reminded ARL that it stands at the beginning of a 30-year relationship with the north-east, and it would be unfortunate for all parties if considerable benefits to the north-east are being withheld and a taxpayer generally is being held to ransom in service of a misguided commercial strategy. Maureen Watt I thank the cabinet secretary for that very detailed answer. Can he then tell me if it is at all possible that specific parts of the route that are completed and would be safe to open can in fact be opened rather than the complete route including the Don crossing? As I said in my previous statement to the Parliament, it is possible for the section that is complete to exclude the Don crossing for that section to be opened. There was no provision in the contract to allow that to happen, however, a contract variation could be put forward in order to achieve that. That is exactly what has been put to the contractors and we are waiting for the contractors to respond to that matter. There is no reason why that cannot be progressed at an early date and we are continuing to get daily updates from the ARL to make sure that they are taking action to progress this. However, as I have made it very clear, I am not prepared to be put in a position where quite literally contractors are seeking to try to hold taxpayers to ransom over this matter. There is a contract variation that could be agreed to and I expect the contractors to give that due consideration and to make progress with it as soon as possible so that local people can start to get the benefits of this part of the ARL or the Aberdeen Westland peripheral route that is ready for use. Liam Kerr One of the reasons given in the statement on 1 November for the delays was correcting the defects on the bridge over the river Don. What has been done since 1 November and when does the cabinet secretary expect the work to be completed? Kevin Stewart As I mentioned previously, the reasons for the delays are because of the technical issues that they have identified on the river Don. At the end of 1 October, they identified as being more extensive and more complex than they had originally anticipated. That work continues on the bridge on the river Don with their own technical experts alongside support that has been provided by Transport Scotland's technical experts to support them in carrying out that remedial work. As I also stated during the course of my statement, that remedial work is weather sensitive and it will have an impact on when some of that work can be completed. However, the contractors are continuing to do everything possible to get that work on the bridge over river Don completed as quickly as possible and they are continuing to expect the work to be completed in December of this year. However, they are unable to specify a date because of the vagaries of things such as the weather that can have an impact on completing that work. Lewis MacDonald Thank you very much. The cabinet secretary mentioned the case for a contract variation. Will he confirm that any price attached to a contract variation has to reflect the impact on pricing and programming of that contract variation rather than wider issues? Is that the basis in which he is holding these discussions currently with contractors? The way that the member will be aware is that a contract of this nature is that the lenders and the contractors are only paid once the road is open for use. Any contract variation must be on that basis because that is a requirement for taxpayers to protect their interests. However, we have removed any potential obstacle for them to open up the section of the road that could be used to traffic today. That variation has been put to the contractors for them to share with their lenders. I can see no further obstacle to not making progress with this matter. That is why I am very clear about the need for them to make progress with this issue, to allow the road to be open to cars and traffic that want to make use of it. However, the member can also be assured that I will continue to apply as much pressure as I can to them to make sure that they do that. However, I am also concerned about the way in which the member wishes to wrap it up in a wider issue relating to a claim that he has, which is already in the public domain, regarding issues relating to the overall contract. In my view, that is a separate issue. The contract variation should stand on its own and the contractors and the lenders should consider it on that basis. I apologise to Gillian Martin and to Peter Chapman, who both wanted to ask supplementaries on that issue and, in fact, to the other questions on the bulletin that we did not manage to reach. However, that concludes.