Monday 2 November 2015 SCOTTISH GOVERNMENT Enterprise and Environment John Finnie (Highlands and Islands) (Independent): To ask the Scottish Government how its land use strategy will be taken forward following the pilot projects in Aberdeenshire and the Borders. Holding answer issued: 27 October 2015 (S4W-27739) Aileen McLeod: The land use strategy is currently being reviewed, including taking account of the experience and lessons from the two pilot projects in Aberdeenshire and the Scottish Borders. A public consultation on a draft revised land use strategy will be held later in 2015. An independent evaluation of the pilot projects is currently being concluded and will be published in due course. This will help inform how the revised strategy is taken forward.

Liam McArthur (Orkney Islands) (Scottish Liberal Democrats): To ask the Government what action it has taken to promote its Statement of principles for parcel deliveries. Holding answer issued: 27 October 2015 (S4W-27777) Fergus Ewing: In February 2013 I chaired a Parcel Delivery Summit which involved a range of stakeholders and built on a previous one held in November 2012. This led to the establishment of a short-life working group to develop a Statement of principles for parcel deliveries. The Scottish Government has regularly highlighted the statement in our own news releases, which have been taken up by news outlets. In addition, I wrote jointly with the Director for Scotland at Consumer Futures to the main internet retailers about the statement. The Scottish Government was pleased in 2014 when the UK Government announced that the principles had been adopted across the UK, and will continue to encourage the UK Government to do more to increase buy-in of the principles, as recommended by the Citizens Advice Scotland report of 8 September 2015 on parcel deliveries. This is vital as many internet retailers are based outside Scotland. The costs were absorbed in normal running costs.

Liam McArthur (Orkney Islands) (Scottish Liberal Democrats): To ask the Government how much it has spent on promoting its Statement of principles for parcel deliveries. Holding answer issued: 27 October 2015 (S4W-27778) Fergus Ewing: I refer the member to the answer to question S4W-27777 on 2 November 2015. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at: http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx

Liam McArthur (Orkney Islands) (Scottish Liberal Democrats): To ask the Scottish Government what information it has on what action has been taken to reduce the cost of parcel delivery to Scottish islands through delivery consolidation in the final miles. Holding answer issued: 27 October 2015 (S4W-27779) Fergus Ewing: The Scottish Government is working closely with stakeholders to ensure that customers receive a better service for parcel deliveries, and in particular to consider what can be done to assist rural, remote and island communities to reduce the cost of parcel deliveries. One of the issues that will be looked at is whether there are opportunities to encourage final mile consolidation by delivery operators.

Liam McArthur (Orkney Islands) (Scottish Liberal Democrats): To ask the Scottish Government what assistance it is giving to remote and island communities to reduce the cost of parcel deliveries. Holding answer issued: 27 October 2015 (S4W-27780) Fergus Ewing: I refer the member to the answer to question S4W-27779 on 2 November 2015. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at: http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx

Liam McArthur (Orkney Islands) (Scottish Liberal Democrats): To ask the Scottish Government what assessment it has made of the take-up of domestic Renewable Heat Incentive installations up to July 2015 in each island local authority. Holding answer issued: 27 October 2015 (S4W-27794) Fergus Ewing: Uptake of domestic Renewable Heat Incentive (RHI) installations by local authority area is published monthly by UK Department of Energy and Climate Change. The most recent figures can be accessed from the following link: https://www.gov.uk/government/collections/renewable-heat-incentive-statistics The Scottish Government commends all local authorities, local communities and social housing providers that have made efforts to promote or provide energy efficient homes and low carbon affordable heat supplies to local residents. The Scottish Government encourages local authorities to take a strategic approach to supporting affordable low carbon heat in their area through their local development plan, local housing strategy and any carbon, energy or heat strategy they have. Through its grant funding of the Energy Saving Trust (EST), the Scottish Government has supported uptake of the domestic RHI in Scotland, through work on sustainable energy supply chain and specialist renewable energy advisors, both of which are contributing factors to the better than pro-rata uptake of the RHI. To date Scotland has done well from the RHI both for domestic and non-domestic installations, accounting for around 19% of accredited installations of both of these UK schemes. More detail of the uptake of renewable heat in Scotland for 2014 was recently published by EST. The report shows that there has been a step change in renewable heat output in 2014 and can be found at the following link: http://www.energysavingtrust.org.uk/renewable-heat-report-2014 In addition, if you are not already aware, please find attached a link to a recent Scottish Government press release on the above noted 2014 data: http://news.scotland.gov.uk/News/Record-increase-for- renewable-heat-1e22.aspx The Scottish Government would advise owner occupiers considering installing a renewable technology to contact the Scottish Government’s Home Energy Scotland advice centre (HESac) which is managed on our behalf by EST. Home Energy Scotland provides free and impartial advice on energy saving; renewable energy; sustainable transport; waste prevention; and more, to all householders in Scotland including advice on what schemes they may be eligible for. The HESac can be contacted on 0808 808 2282 and further information can be found at the following link: http://www.energysavingtrust.org.uk/improving-my-home

Liam McArthur (Orkney Islands) (Scottish Liberal Democrats): To ask the Scottish Government what its position is on reports that the take-up of domestic Renewable Heat Incentive installations up to July 2015 was substantially higher in the Western Isles compared with Orkney and Shetland. Holding answer issued: 27 October 2015 (S4W-27795) Fergus Ewing: The Scottish Government would like to avoid comparisons of performance of local authorities based on the domestic Renewable Heat Incentive (RHI). Whilst the publicly available statistics provided by the UK Government’s Department of Energy and Climate Change provide a breakdown of uptake of the domestic RHI by local authority, a number of factors influence uptake. Such factors include the number of households and the availability of other low carbon heat sources supported through mechanisms other than the domestic RHI, such as district heating. The Scottish Government is aware that one of the issues householders in both rural areas and the Scottish Islands face in participating in government schemes is the availability of accredited installers. In recognising that there can be barriers to uptake in remote rural and island areas the Scottish Government funded an analysis of the supply chain for such areas which included the Shetland Isles, Western Isles and Orkney Isles. A report of the findings, published in March 2015, can be found at the following link: http://www.energysavingtrust.org.uk/reports/supply-chain-analysis-remote-rural-and-island-areas- march-2015-full-report In addition, the Microgeneration Strategy for Scotland published in 2012 and the setting up of the Scottish Government’s Microgeneration Task Group aims to work with industry and other stakeholders to remove the barriers to uptake of microgeneration technologies and ensure we have a skilled workforce to deploy microgeneration in all areas of Scotland. The Microgeneration Strategy for Scotland can be found at the following link: http://www.gov.scot/Publications/2012/06/9678 The Scottish Government continues to fund work to address supply chain barriers and details of up and coming events can be found at the following link: http://www.energysavingtrust.org.uk/businesses/supply-chain-events

Murdo Fraser (Mid Scotland and Fife) (Scottish Conservative and Unionist Party): To ask the Scottish Government, further to the answer to question S4W-27627 by Fergus Ewing on 1 October 2015, what Department of Energy and Climate Change electricity generation statistics it is referring to that demonstrate that the cost of providing sufficient electricity storage to deal with the intermittency issue arising from onshore wind power will be "far lower than nuclear". Holding answer issued: 30 October 2015 (S4W-27864) Fergus Ewing: The statistics referred to in the previous question are from the Department of Energy and Climate Change's document, Electricity Generation Costs (December 2013) and can be found here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/269888/131217_Electric ity_Generation_costs_report_December_2013_Final.pdf

Patrick Harvie (Glasgow) (Scottish Green Party): To ask the Scottish Government what action it takes to ensure that the transparency of the ownership of limited partnerships is sufficient, and what its position is on whether reform is necessary to (a) enhance this and (b) ensure that these partnerships cannot be used as vehicles for money laundering. (S4W-27936) Fergus Ewing: The creation, operation, regulation and dissolution of business, and money laundering are matters reserved to the UK Government. The Scottish Government believes corporate transparency has an important role to avoid the misuse of companies and to support good corporate governance, and is committed to disrupting and dismantling serious organised crime, wherever it is found in Scotland.

Patrick Harvie (Glasgow) (Scottish Green Party): To ask the Scottish Government what its position is on the report by the investigations company, Kroll, that all but one of the limited partnerships referred to in its recent report on Moldovan bank fraud and money laundering had a registered place of business in Scotland. (S4W-27937) Fergus Ewing: The Scottish Government is committed to disrupting and dismantling serious organised crime, wherever it is found in Scotland. The creation, operation, regulation and dissolution of business, and money laundering are however matters reserved to the UK Government.

Claudia Beamish (South Scotland) (Scottish Labour): To ask the Scottish Government (a) how many and (b) what (i) nature conservation and (ii) land management orders have been made under chapters 2 and 3 of the Nature Conservation (Scotland) Act 2004, broken down by (A) site and (B) date made. (S4W-27965) Aileen McLeod: (i) No land management orders have been made under the Nature Conservation (Scotland) Act 2004. (ii) Scottish Natural Heritage (SNH) publishes details of nature conservation orders in force in its annual reports which are available online via the following web link: http://www.snh.gov.uk/publications-data-and-research/publications/search-the- catalogue/?q=annual%20report. Information on revoked and retained orders can be found on SNH’s website at: http://www.snh.gov.uk/docs/A556205.pdf.

Claudia Beamish (South Scotland) (Scottish Labour): To ask the Scottish Government how many sites of special scientific interest (SSSIs) there are in Scotland; how many natural features are notified for these SSSIs, and what percentage of those natural features has been considered to be in a favourable condition, in each of the last five years. (S4W-27966) Aileen McLeod: The following table presents the requested information, as at the end of each of the last five financial years: Date Number of Number of SSSI Percentage of Favourable SSSIs Features SSSI Features 31-03-2011 1,447 3,694 79.3% 31-03-2012 1,440 3,711 79.4% 31-03-2013 1,429 3,707 80.5% 31-03-2014 1,425 3,696 80.8% 31-03-2015 1,423 3,691 81.4% Source: Scottish Natural Heritage

Claudia Beamish (South Scotland) (Scottish Labour): To ask the Scottish Government when it has consulted Scottish Natural Heritage under section 12 of the Nature Conservation (Scotland) Act 2004; what action it has taken in response to any advice it received, and whether it will publish that advice. (S4W-27967) Aileen McLeod: The following table shows the number of times the Scottish Government has consulted Scottish Natural Heritage (SNH) under section 12 of the Nature Conservation (Scotland) Act 2004 in each of the last five financial years: 2010-11 2011-12 2012-13 2013-14 2014-15 Total 19 11 15 4 8 57 Source: SNH The consultation requests were made by various parts of the Scottish Government and details are not held centrally, hence the other information requested, if still held, could only be obtained at disproportionate cost. The Scottish Government would, however, consider requests for details of actions taken in relation to specific cases or sites of special scientific interest.

Claudia Beamish (South Scotland) (Scottish Labour): To ask the Scottish Government how many times Scottish Natural Heritage has been consulted under section 12 of the Nature Conservation (Scotland) Act 2004 in each of the last five years and by which public bodies. (S4W-27968) Aileen McLeod: The following table presents the requested information for each of the last five financial years: Public Body 2010- 2011- 2012- 2013- 2014- Total 11 12 13 14 15 Aberdeenshire Council 1 4 1 6 Public Body 2010- 2011- 2012- 2013- 2014- Total 11 12 13 14 15 Angus Council 2 2 Cairngorms National Park Authority 1 2 3 City of Edinburgh Council 1 1 Community Council 1 1 Dumfries and Galloway Council 2 2 East Dunbartonshire Council 1 1 East Renfrewshire Council 1 1 Fife Council 1 1 Forestry Commission England 1 1 Glasgow City Council 1 1 2 Highlands and Islands Airports Limited 1 1 (Dundee Airport) Highland Council 1 2 2 2 7 Highlands and Islands Enterprise 1 2 3 Local authority (authority not specified) 8 6 14 Loch Lomond and the Trossachs 1 1 National Park Authority Ministry of Defence 6 5 2 2 15 Moray Council 1 1 2 4 Network Rail 1 1 1 3 6 Northern Lighthouse Board 1 1 Orkney Islands Council 1 1 Perth and Kinross Council 3 1 4 Renfrewshire Council 1 1 Royal Botanic Garden Edinburgh 1 1 Scottish and Southern Energy 1 6 4 2 2 15 Scottish Canals 2 2 4 Scottish Environment Protection 1 1 2 2 6 Agency Scottish Gas 1 1 Scottish Government 19 11 15 4 8 57 Scottish Natural Heritage 2 1 2 5 Scottish Power 1 1 2 4 Scottish Water 3 4 6 2 2 17 Total 43 44 42 28 32 189

Michael Russell (Argyll and Bute) (Scottish National Party): To ask the Scottish Government, further to the answer to question S4W-27272 by Aileen McLeod on 14 September 2015, when it will publish the (a) reports from the 11 control programmes, (b) result of the survey of biodiversity action partnership and (c) strategic plans for non-native species regional groups, and what funding it has provided to (i) fisheries trusts, (ii) biodiversity action partnerships and (iii) regional groups with specific non-native species remits in connection with the control of giant hogweed. (S4W-27970) Aileen McLeod: The 11 control programmes are led by the Rivers and Fisheries Trusts of Scotland. They are evaluating those programmes and a draft of their evaluation is currently out for review. I have been advised that a report will be available toward the end of 2015. The survey of Local Biodiversity Action Partnership officers was an informal information gathering exercise carried out by the local government representative on the non-native species action group. Eight local authority responses were received and are set out below: Argyll and On local authority property: giant hogweed is controlled when reported. Bute On private property: giant hogweed is the responsibility of the land owner. Council Comments: the plant is not really an issue in Argyll and Bute but the local authority keep a watching brief in Mid-Argyll and Helensburgh and Lomond. Aberdeen On local authority property: giant hogweed is controlled when reported. City Council Comments: grounds maintenance teams will spray giant hogweed only at a stage where spraying is appropriate and weather conditions allow. Some spraying of invasive non-native species is undertaken under contract as part of a city wide pavement/road gulley spraying programme. Highland The response referred to two papers which can be found at annex 2 and 3 of the Council report by the Director of Planning and Development prepared for the 8 January 2014 meeting of the Planning, Environment and Development Committee: http://www.highland.gov.uk/download/meetings/id/20257/item7ped514pdf City of On local authority property: giant hogweed is controlled (although resources are very Edinburgh stretched and priority is therefore given to areas with public access). Council On private property: procedures are in place to deal with reports of giant hogweed under public and environmental health legislation. Comments: reports of giant hogweed on private land are initially passed to the property owner. If no action is taken, a statutory notice is served, contractors are appointed to undertake work and the cost passed on to the property owner. This process is carried out reactively, as resources allow. Fife Council On local authority property: treat giant hogweed (priority given to areas of concern from a public health perspective, for example near bus stops or along footpaths). Comments: respondent not aware of reports that have not been dealt with due to lack of resources but suggested that this could be an increasing issue in coming years. Glasgow On local authority property: treat giant hogweed (only where there is a perceived risk City Council to public health and there is public access). Falkirk On local authority property: giant hogweed is controlled when reported. On private Council property: giant hogweed is the responsibility of the land owner. Moray On local authority property: treat giant hogweed where it is adjacent to promoted Council footpaths. Comments: also work closely with the River Nairn, Findhorn and Lossie Fisheries Board and Wild things! (an environmental education charity based in Findhorn) who have secured funding to tackle non-native species in the Forres and Findhorn Bay area. Information on the plans of the regional groups listed in the answer to question S4W-27272 is not held by the Scottish Government. I will arrange for the relevant information to be collected and published on the Scottish Government non-native species webpages. A breakdown of relevant funding is given in the table below, including funding from the Scottish Environment Protection Agency (SEPA). This covers projects which are led by fisheries trusts, local authorities, community groups and others and which include some element of giant hogweed control. The majority of these projects also include control of other bankside plants such as Japanese knotweed, Himalayan balsam and rhododendron. SEPA (Water Scottish Scottish Rural Development Programme Environment Fund) Natural (SRDP) funding** (awards to all Heritage beneficiaries) 2011- Restoration Fund* £66,782 £2,755.20 2011 12 2012- £138,082 £108,793 £2,441.60 2012 13 2013- £179,728 £90,609 £2,449.60 2013 14 2014- £146,451 £79,794 £2,352.00 2014 15 2015- £102,293 £47,574 offered £2,240.00 2015 16 2016- Up to £100,000 £16,925 offered 17 available 2017- £10,075 offered 18 *SEPA committed £645,000 from the Restoration Fund between 2008-09 and 2010-11. **SRDP funding is given in calendar years.

Michael Russell (Argyll and Bute) (Scottish National Party): To ask the Scottish Government, in light of reports that the powers are sometimes abused, whether it will carry out an assessment of the use of powers of entry by (a) energy and (b) other private companies, and what its position is on imposing a requirement that any such action must only be carried out following the approval of a court. (S4W-27975) Fergus Ewing: Any abuse of power by any company or organisation would be a matter of serious concern for the Scottish Government. The legal situation relating to powers of entry for energy companies is very clear: companies must have either the owner’s permission or an appropriate warrant from the courts. The only exception to this is in an emergency – where there is reasonable cause to believe that circumstances exist which are likely to endanger life or property. We are not aware of any specific reports or instances relating to abuse of right of entry powers by energy companies. However anyone who does suspect such an abuse of these powers should contact the company concerned directly or raise the matter with the regulator Ofgem. Of course if any criminal activity is suspected, the matter should be reported to the police. If the Member wishes to provide the Scottish Government with any more detailed information we would be happy to look into this further or facilitate contact with the relevant organisations as appropriate.

David Stewart (Highlands and Islands) (Scottish Labour): To ask the Scottish Government, further to the answer to question S4W-26580 by Aileen McLeod on 21 July 2015, what information has been received from the Crofting Commission regarding the number of crofts that have been re-let (a) in the South Uist area and (b) elsewhere since April 2012 because (i) of an absentee landlord or (ii) they were not actively farmed. (S4W-28014) Aileen McLeod: As indicated in the response to S4W-26580, the information requested is not held centrally. The Crofting Commission administers the regulation of crofting on behalf of the Scottish Ministers and the chief executive of that organisation was asked to supply the information requested to you directly. The Crofting Commission has indicated that it sent a letter to you containing this information on 20 July 2015. This letter noted that since April 2012 the Crofting Commission had terminated 24 tenancies, including one in South Uist. In each case the tenant was not fulfilling his or her crofting duties and, in most cases, cultivation and maintenance duties were not being fulfilled either. The reply also noted that 15 of the tenancies have since been re-let and measures were in hand to re-let the remaining tenancies. Since the Crofting Commission provided its original response, it has indicated that a further croft has been re-let, taking the total number to 16.

Margaret Mitchell (Central Scotland) (Scottish Conservative and Unionist Party): To ask the Scottish Government when the recommendations of its review of waste spreading will be published. (S4W-28015) Richard Lochhead: Following the recent completion of the review of the storage and spreading of sewage sludge on land in Scotland I expect to announce the recommendations from the review in the very near future.

David Stewart (Highlands and Islands) (Scottish Labour): To ask the Scottish Government what plans it has to review the boundaries of Cairngorms National Park. (S4W-28057) Richard Lochhead: The Scottish Government has no plans to review the boundary of Cairngorms National Park.

David Stewart (Highlands and Islands) (Scottish Labour): To ask the Scottish Government what its position is on whether to include Lochindorb in the boundaries of Cairngorms National Park. (S4W-28063) Richard Lochhead: I refer the member to the answer to question S4W-28057 on 2 November 2015. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at: http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

John Wilson (Central Scotland) (Independent): To ask the Scottish Government whether it has met or plans to meet any community council or tenants and residents associations in areas for which petroleum exploration and development licences have been issued for unconventional gas extraction and underground coal gasification. (S4W-28152) Fergus Ewing: The comprehensive research programme announced on 8 October 2015 was informed by meetings with a broad range of stakeholders, and the Scottish Government will continue to meet with and listen to the widest possible range of views and voices as the process develops. We will ensure that there is ample opportunity for everyone, and in particular for those people living in areas of potential exploration, to share their views as part of the consultation. Learning and Justice Michael Russell (Argyll and Bute) (Scottish National Party): To ask the Scottish Government what international research it has studied regarding optimum pupil-teacher ratios for immersive language education. (S4W-27971) Alasdair Allan: We have made enquiries and are not aware of any examples of international research regarding optimum pupil-teacher ratios in immersive language education.

Michael Russell (Argyll and Bute) (Scottish National Party): To ask the Scottish Government what its position is on whether Gaelic medium education would benefit from clearer guidelines for pupil-teacher ratios. (S4W-27972) Alasdair Allan: Pupil teacher ratios are not stipulated either in legislation or in teachers' terms and conditions of service. Class size limits for P1-P3 are set in statute and all other class size limits are set in teachers' terms and conditions of service. Neither the legislation nor the terms and conditions of service differentiate between the class size limits that apply in Gaelic medium units and those that apply in mainstream English language primary schools. The issue of lower class size limits for Gaelic medium was explored in the 2010 consultation on class size limits. Based on the outcome of that consultation ministers concluded that differential class size limits for Gaelic medium units should not be introduced. However, the government acknowledges a wider need for statutory guidance on Gaelic medium education, and this is currently being prepared.

Michael Russell (Argyll and Bute) (Scottish National Party): To ask the Scottish Government what its position is on establishing a minimum pupil-teacher ratio for Gaelic medium education. (S4W-27973) Alasdair Allan: It is the responsibility of local authorities and individual head teachers to determine the size of individual classes within the limits set by legislation or terms and conditions of service. Accordingly, the relevant local authority and head teacher of a Gaelic medium unit can achieve as low a pupil-teacher ratio as they choose.

Michael Russell (Argyll and Bute) (Scottish National Party): To ask the Scottish Government what its position is on considering innovations that aim to see a greater uptake of places at rural schools by encouraging different approaches to transport and catchment areas, and whether it is aware of the Swedish scheme, Turn the School Bus Around. (S4W-27974) Angela Constance: The Scottish Government is committed to protecting rural schools and supporting their role in preserving, supporting and developing rural communities. The legislative responsibility for the provision of education in Scotland rests with individual local authorities, including decisions relating to catchment areas and the provision of school transport. In meeting these responsibilities, we would encourage authorities to take account of any national or international best practice that may be of benefit to the communities they serve, including initiatives such as Sweden's Turn the School Bus Around.

Liz Smith (Mid Scotland and Fife) (Scottish Conservative and Unionist Party): To ask the Scottish Government when it became aware that criminal charges had been brought against the Moray-based teacher and named person for pupils who was recently convicted for child sex offences. (S4W-28023) Angela Constance: Scottish Ministers were not informed in advance that criminal charges would be laid against the teacher concerned. However, the teacher's employer and the General Teaching Council for Scotland were informed and took appropriate actions to suspend the individual and apply a temporary restriction order. Now that the case has been concluded, it will be considered by the next Investigating Panel convened by the General Teaching Council for Scotland.

Alison McInnes (North East Scotland) (Scottish Liberal Democrats): To ask the Scottish Government what issues relating to (a) disclosure of criminal records, (b) forensic samples, (c) police investigatory powers, (d) victims and community confidence, (e) the role of the children’s hearings system and (f) UN Convention on the Rights of the Child compliance it has identified in relation to changing the age of criminal responsibility, in light of the Cabinet Secretary for Justice's evidence to the Justice Committee on 8 September 2015 (Official Report, c.27). (S4W-28068) Michael Matheson: An advisory group will start work in November 2015 to address the issues involved in raising the minimum age of criminal responsibility, and to provide recommendations for public consultation in early 2016. The Scottish Government wishes to promote an age and stage appropriate approach to harmful behaviour by children. If there is to be a change to the minimum age of criminal responsibility, we will still need an effective and evidence-based response to that behaviour, to its causes and to its impacts on people harmed. We wish to ensure that safe processes are in place to respond effectively to the concerns posed by the small number of the most serious cases such as where a child under 12 is involved in a serious sexual or serious violent behaviours. Those processes both relate to action immediately after an incident to deal with the needs and deeds of the ‘offending’ child and the wider obligation to ensure appropriate levels of protection of the public. Points (a) to (f) are interrelated and will be taken into account during the advisory group’s deliberations. The specific issues to be considered include: Police Scotland continuing to be able to thoroughly investigate allegations of all behaviour of that nature, to get to the truth of the matter, and to refer their concerns to the responsible agencies. Police Scotland continuing to be able to retain the data imperative to their operational and intelligence requirements with a transparent, rights-compliant approach to the review and destruction of that material. A review, retention and destruction mechanism for forensic samples that is sensitive to the age and other characteristics of the ‘offending’ child at the time of the incident and their progress through adolescence, as well as ensuring a focus on the police’s ability to prevent and detect future crime. Where the behaviour is so serious and the ongoing risks remain so acute that it may need to be disclosed to prospective future employers when an ‘offending’ child becomes an adult, especially where an employment role concerns vulnerable groups, there needs to be a rational, rights and risk- led approach to the extent and purposes of future disclosure. Victims currently receive information from the children’s reporter, through the Victim Information Service, about a child who has committed an offence against them. This information would not be available to victims should the child be referred on welfare grounds. All of these issues will be considered in the context of the UN Convention on the Rights of the Child, with a balance to be struck between the rights of the ‘offending’ child and the rights of persons who have been, or who may yet be, harmed. The membership of the advisory group and the scope of its work will ensure that all these key issues are covered.

Alison McInnes (North East Scotland) (Scottish Liberal Democrats): To ask the Scottish Government what (a) progress it has made in establishing an independent advisory group on age of criminal responsibility, (b) appointments have been made to it and (c) will be its scope. (S4W-28069) Michael Matheson: The advisory group on age of criminal responsibility is scheduled to meet for the first time on 16 November 2015. Four meetings are due to be held between November and February 2016. The group will comprise senior representatives from organisations with responsibility for children and their rights and how those interact with Scotland’s justice system. Members will include the Children and Young People Commissioner Scotland, Police Scotland, Scottish Children’s Reporter Administration, Crown Office and Procurator Fiscal Service, COSLA, Social Work Scotland, Disclosure Scotland and Victim Support Scotland. Together Scotland, the alliance for children’s rights, has also been invited alongside children’s charities and other representatives of agencies on the Youth Justice Improvement Board. The group’s role will be to consider the policy, legislative and procedural implications of raising the minimum age of criminal responsibility from 8 to 12 and bring forward proposals for consultation in 2016. In particular, the group will seek to address issues around the disclosure of criminal records, the taking and retention of forensic samples, police investigatory powers, and sustaining victim and community confidence should there be a change. The terms of reference and membership will be published following the first meeting.