06/10/2016: First Minister's Questions Politics Scotland

Hello. Welcome to the Scottish parliament in Hollyrood where this

report is causing a bit of a stir. The lavender Institute are

suggesting that depending on the various scenarios for leaving the

European Union it could cost Scotland between 30000 and 80,000

jobs. Yes, Brexit again. Supporters say they could be opportunities for

the economy as well. I'm not sure if that will come up in questions to

the First Minister but the way to go to relax go across. Nicola Sturgeon

has said that the Tory leader should be ashamed of herself are to the

Conservatives conference. I assume that even the First

Minister would acknowledge that I made my position perfectly clear.

Presiding officer, today's report felt out plainly the challenges that

Scotland, along with the rest of the UK will face over coming years as we

leave the UUP and unions. Like most members of this chamber I didn't

vote to leave the EU, but the question now is how we maximise the

opportunities ahead and mitigate risks. The report says that the

focus must be on areas like food and drink and manufacturing. Can I ask

what the Scottish Government is doing to ensure that these two

sectors get protection from risks and take advantage of opportunities?

Well, it is a bit rich to be asked what this government is doing to

protect Scotland from the risks when these risks have been created by the

Conservative Party that was Davidson is a member of and leader of here in

Scotland. But as I have said repeatedly in this chamber, and

outside this chamber, this government will do everything in its

power to protect Scotland's interests and mitigate the risk that

Scotland now faces, risks that are set out clearly in the Fraser report

today. We are working intensively with all sectors across our economy,

that work is being led by an economy secretary and Mike Russell who I

have appointed to deal specifically with the Brexit negotiations. It's

not just manufacturing, food and drink. Earlier this week I sat down

with the financial services sector to discuss real concerns that they

have. Not just about Brexit, but about the

growing indications that what we are heading for under the Conservatives

is the hardest of hard Brexit. And like Ruth Davidson, my position has

not changed. I think that breakfast is a bad idea and I continue to

think it's my responsibility to do everything I can to protect Scotland

from edge. -- Brexit is a bad idea. Let's be more specific. We are

expecting a judgment on classification. Let me quote a

member of the First Minister's Rose commission. He says subject to the

regulatory lining we have there are major advantages to being the first

movers in this technology in becoming a world leader. I know the

First Minister is restricted on what she can say, but her own adviser

thinks we could use this technology to boost thousands of jobs and add

billions to the Scottish economy. Does she agree? I'm sure Ruth

Davidson is a way that the UK Government is also looking carefully

at the issues around UCG. I'm sure she is perhaps more aware than I am

of the direction of travel they might be going in as well. I think

Ruth Davidson, she did last week, seems to suggest that we should ride

roughshod over evidence and over the reports that we, ourselves, have

commissioned. Paul Wheelhouse will make a statement this afternoon, he

will report on the work we have asked Professor Campbell Gammell to

undertake on our behalf, all members of this chamber, indeed, everybody

across the country will be able to look in detail at that work. I think

that is the responsible way to proceed. It's putting the concerns

that people have and the interest of our environment and economy at front

and centre. Reaching balanced judgments as a result of that work.

That's the way we will continue to proceed.

In the same way that people can still, by going on the website, look

at the last report you commissioned an fracking, was advice you didn't

take. But let's move onto another sector, that sector is food and

drink. Whiskey producers tell us that Latin America, a market of 600

million people has the potential for massive growth in the coming year.

And yet, south of Texas, Scottish development International has only

one tiny office. So, like me be First Minister the Scotch whisky

Association didn't want is to leave the EU, but they now want us to

focus on developing opportunities. Can I ask what action is the first

was taking to expand our trade footprint on the world?

Right, well let's just walk ourselves step-by-step through that

question. Firstly, those who know what they are talking about will

know that was Davidson managed to switch between different

technologies there. I don't know if she did that in full knowledge, or

if she needs to do a bit more homework. What we are talking about

today is and ground: classification, that is very different to fracking.

Before she comes to ask questions about bad I thought she might know

and understand that. Secondly, an whisky I have spoken with the Scotch

whisky Association last week and the week before and the issues they want

to raise were firstly the success of the Scottish whisky was, but also

the impact of Brexit on them. In terms of international presence, and

sure that if anybody here was going to do a quick Google search they

would find plenty of examples of the Scottish Conservatives criticising

the international presence of the Scottish Government. Saying things

like it's nothing to do with us, we should leave these matters to the UK

Government. Thankfully, we don't listen. So as well as the excellent

work that STI are doing, we are considering carefully how we make

sure that S D I is properly equipped in the climate we put another result

of the recklessness of the Tory government. We have announced

recently the opening of new investment clubs in London and

Dublin as well as Brussels to make sure that we are not reliant on the

likes of Boris Johnson to represent us overseas. We have the ability to

do so ourselves. Ruth Davidson. The First Minister seems more interested

in discussing my position than her government's. I don't believe I've

ever hidden it. My position is to say that people from the EU and

elsewhere are welcome here. This is their home. And my position is to

retain the close possible trading relationship with value being

friends and neighbours expanding trade abroad. But my position is

also to face up to the realities ahead of us. To mitigate risks and

take advantage of opportunities. This parliament is now faces a

choice about whether to put the lions share of its efforts into

examining practical solutions or simply complaining about the

results. Which is to be, First Minister?

I think was Davidson is perhaps protesting a bit too much! She says

I'm more interested in herb is a shame, I have to say, if anybody can

work out what Ruth Davidson position is then they are doing better than

me. She has flipped and flopped over and over again since the referendum

result. She says, and I commend you for it, she said that what I stood

up and said the morning after the referendum, that people who chose to

make their homes here are welcome. They make a contribution and we want

them to stay. Unfortunately, the difference between Ruth Davidson and

I is this, she wants control over immigration to stay in the hands of

the xenophobes. I wanted in the hands of this parliament so that can

put these sentiments into practice. And lastly, presiding officer,

Scotland finds itself in a situation we didn't ask to be in. We are in

this situation, facing all the risks we face because of the recklessness

of the Conservative government at Westminster. My job, and the job of

this government, is to protect Scotland's interest and bad is

exactly what we will continue to do. -- that is exactly. To ask the first

midair when she will next meet HIV Scotland.

First Minister. It is an organisation almost fully funded by

the Scottish Government, officials have regular contact with the HIV

Scotland. The Minister for Public health and sport met with the

executives on the 23rd of August. Kezia Dugdale. Presiding Officer,

across Scotland this morning tens of thousands of people stood Station

Platinum starting their commute. As Minister for transport in 2014 Keith

Brown said the new franchise agreement was a world leading

contract to deliver for rail staff and passengers. Not only that, but

it was a contract that will benefit the whole of Scotland. Does the

first Mr believe that those promises have been kept?

The contract was awarded because it was considered that it was the

contract in the best interests of passengers across Scotland. It is

absolutely incumbent on a burial, as the holder of that conjure to

continue to make sure that they deliver services that meet the

expectations of the travelling public. The Scottish Government will

continue to liaise on an ongoing basis with ScotRail to make sure

that is the case. Indeed, I'm delighted that the recent dispute

around driver operated doors has been settled and the public don't

have the expectation of as a result of that. Presiding

officer, I doubt commuters on the train from Dundee to Edinburgh or

North Berwick to Edinburgh would agree that Scotland has a world

leading contract or indeed that the expectations of the public are being

met. In the past few months Scotland's rail passengers have

faced cancellations, delays and overcrowding.

New figures this week show that a third of all roots in Scotland have

services that are late more often than they are on time. At the same

time, Abelio are raking it in, ?1 million a month at from that

franchise. Does the First Minister agree that while Scotland's rail

network might be working for transport bosses it is not working

for commuters? Kezia Dugdale is right to raise

concerns from the travelling public. They have a right to services that

run on time and they can rely on. It is because the Scottish Government

is so firm and a commitment that Kezia Dugdale, I assume, is aware

that under the contract terms the Scottish Government requested from

ScotRail on the 26th of August, an improvement plan which was received

on the 16th of September we are committed to working with ScotRail

to deliver a quality service to passengers. That is our

responsibility, and we are seriously making sure that we discharge that

responsibility. Kezia Dugdale. That is interesting.

I have the improvement plan in front of me. In fact it is a press release

this week. ?300 with extra investment to improve comfort and

accessibility on our railways. It says you are going to spend money on

equipment so you conceal how overcrowded trains. Can I suggest

she just get on to appreciate how overcrowded trains are? She needs to

be honest about the experience based by passengers. Here's the thing,

since 2011 the average weekly earnings of commuters rose by only

6%. But the Scottish Government cap on rush-hour rail fares increased by

over 23%. So let me make that absolutely clear. That's a rise four

times faster than earnings. Those who travel to work by train pay more

for a shocking service. And Scottish commuters are fed up of the First

Minister's excuses. This is her responsibility. What is she going to

do to get things back on track? APPLAUSE. I don't think anybody

listening to this exchange has hit me make any excuses. It is our

responsibility to work with ScotRail to make sure equality services

delivered. That is widely transport Mr has been

taking the action he has been taking and why continue to invest

significant sums in the real Madrid to ensure that responsibility is

discharged. I do not quibble at all about Kezia

Dugdale's right to come to this chamber and reads those concerned. I

understand the concerns of the travelling public but my job is to

get on with fixing the problem not just to carp from the sidelines.

The first supplementary from Bruce Crawford.

Would be First Minister confirm that she is aware that HSBC are intent on

relocating around 200 high-quality jobs... If you would just listen to

what I'm saying. From Stirling and this would have an obvious impact on

individuals and the economy. Given this news does the first Mr also

agree with me that this strengthens the case was turning to secure a

deal based on their excellent business case?

Of course I'm aware of the situation. I fully appreciate how

anxious a time this is for the company's employees and their

families. The Scottish and will do all it can to support those

affected. Scottish enterprise is already engaging with HSBC to

explore all possible avenues of supporting the business and its

workforce. In the unfortunate event that redundancies to proceed al

organisation will be fully engaged. In terms of the city deal, I had a

brief conversation at another event with leaders in the Council about

this yesterday and they understand these discussions are progressing

well. While no conclusions have been reached, I hope that Mr Crawford

will see from the experience of other cities, Glasgow, Inverness,

Aberdeen, the Government is committed to taking for city deals

where we can. The pro version will be aware of the

changes coming to Glasgow on bus routes. This will affect passengers

in my constituency and also hers. The number of bus journeys is down

to 2007 and Brits have been cut back by 66 million kilometres over the

same period. Can I as the First Minister how many more bus services

have two be withdrawn before this Government backs any kind of

regulation and at very least, does the First Minister not think it

should not be so easy for bus companies to walk away at short

notice without any consultation from the communities represent? No, I

think first Glasgow and indeed all other bus companies should consult

very closely with local communities before making any changes to local

services. That is what I would expect. As a local representative, I

regularly have discussions with First Glasgow about services that

run through and in my constituency and I know other MSP 's will do

likewise. These are important issues. People in our constituencies

depend on them and I would expect bus services to take their views

into account when reaching decisions. David Stewart. Will be

First Minister join with me in welcoming to the gallery today a

delegation of campaigners from the Dunoon to clinic there are very

good. Is it not the responsibility of the Government to provide ferry

services from Gurock? Well, firstly I would welcome the campaigners for

the Dunoon to Gurock Seri service to the chamber. I know many of them

well as in one of my previous Government jobs I had the

responsibility for taking forward this work. I absolutely appreciate

the strength of feeling around the town centre vehicle service issue. I

know the member will appreciate that now we are in a live procurement

exercise there are strict limitations on ministerial

involvement in that tendering exercise and what I'm able to say at

this stage. But I hope he will appreciate and indeed the

campaigners will appreciate from my previous involvement has serious we

are in seeking that there is a service running on that route that

meets the expectations of those who rely on it. Willie Rennie. To as the

First Minister what will be discussed at the next meeting of the

Cabinet. Matters of importance to the people of Scotland. We have

heard the trade Secretary branding European citizens working here as

Caldas in an EU negotiation. We have heard the Conservative Home

Secretary advocating listing foreign workers. These are our neighbours

and our friends. They are our family. People who voted for Brexit

across the UK did not vote to send their friends home. So what can she

do to ensure that EU citizens are treated with respect and dignity in

these negotiations? The first thing I can do, which is what I did do on

the morning after the EU referendum, is a unequivocally that people who

have come from other European countries or indeed from any country

and chosen to make Scotland their home and make a contribution here

are welcome here. This is their home, this is where they belong and

it is where we want them to stay and all of us have a responsibility to

say that as often as we possibly can. We have also since the EU

referendum taken steps to liaise with the community of EU nationals

living in Scotland. The Cabinet held a question and answer session a

number of weeks ago in order to hear directly their concerns. We have

taken some practical steps, for example around tuition fees for

universities to give some assurances to EU nationals where we can and we

will continue to look for other areas in which we can do that.

Unfortunately, and it is as matter of real regret to me, I do not have

the power to guarantee the right to EU nationals to stay here in

Scotland so what I will also continue to do and I hope I will

have the backing of everything a person in this chamber when I say

this, is to call in the UK Government to stop using human

beings as bargaining chips and give them the guaranteed right to stay

where they belong, here in Scotland. Now, many of these European citizens

work in places like Amazon. They deserve decent treatment too. This

week, Amazon celebrated recruiting more people below the proper living

wage. It was described as a bonanza. I have raised this issue before and

action was promised by the First Minister, but nothing has changed.

This week, the Scottish Government didn't utter a peep. Not one word of

criticism. This is Amazon that has had millions of pounds of Scottish

Government grants paying poverty wages. Does she still intend to do

anything or has she lost interest? I think that is a really unfair

criticism form Willie Rennie because he knows, and I know he agrees with

this, how seriously we treat the issue of the living wage and we

encourage and I would go further than that and say we expect all

companies where they can to pay the living wage and we have taken a real

beating this. I wish I had the powers in Scotland not just to

guarantee the right of EU nationals to state but actually to legislate

on minimum wage level so that we could reach the statutory minimum

wage to the level of the living wage. Let's argue not just for

companies to do the right thing, let's argue for having these powers

in the hands of this Parliament so we don't just have to call on the UK

Government to do the right thing for us. A number of supplementary 's.

The First Minister will reflect my concern is that the Fraser of

Allander Institute has provided a report that says the number of jobs

he she not think it is either the

Tories to reveal a plan? The Tories should have had a plan to deal with

this before the referendum. It is absolutely shocking that they did

not have that. It is equally shocking that three months on we

still have only the sketchiest of details about what happens now.

Unfortunately, the details we do have suggest we are heading down the

road of a hard Brexit which is the Fraser of Allander report says will

cost people in Scotland in terms of lost wages and lost jobs. That is

completely and utterly unacceptable. What I think has been really clear

from the Conservative conference this week is that decisions by the

Prime Minister are being driven more by her desire to appease the Tory

Right then they are by the genuine interests of the country. I think

that is wrong. I think it is regrettable and I think it is deeply

irresponsible. Douglas Ross. When Andrew Flanagan, chair of the

Scottish police authority was asked yesterday about public concern over

sex offenders and violent criminals being tagged, he said, and I quote,

I think that worry would be understandable. Ganley First

Minister assure the public that her Government will not use the

extension of electronic monitoring for these criminals given the very

real concerns that have been voiced by the public and victims of crime?

Public safety is at the heart of all of these decisions. As I have said

previously in an exchange as a couple of weeks ago, it is not for

politicians to decide sentences. It is for courts to decide appropriate

sentences but when a court is deciding the appropriate sentence in

any case whether that is prison or an alternative to prison and

including the use of electronic monitoring, then risk assessment and

issue of public safety will be absolutely integral to that

decision. That is right and proper and the public would expect no less.

Daniel Johnson. As the First Minister hat is no doubt aware, two

weeks ago today there was a very major rupture on the water main

supplying Edinburgh that occurred in Liberton, in my constituency. The

destruction that was cost was very substantial. Many families have had

to vacate their homes and friendly the only reason there was not a loss

of life is because an elderly couple are currently in a care home where

the greatest destruction took place. I had a very constructive meeting

with Scottish water this week, but it was revealed that the main

regulating valves for the supply of water to Edinburgh are causing

serious issues for Scottish Water, to the point where they are

supplying 24 hour supervision. The same valves are also used to

regulate the supply of water into Glasgow and no guy. We'll the First

Minister assure me that she and her ministers are looking into this

matter and detail to this and Parliament what they are doing to

make sure this is remedy. Firstly, I of course am aware of the

destruction and the concern that was caused by the members of his

constituency as the result of the incident he talked about I know

Scottish Water will deeply regret that inconvenience. I am more than

happy to ask the Minister with responsibility to raise the

particular issue that the member has brought to the chamber today with

Scottish Water and ask them to correspond with the member when he

has Scottish Water's input on that. Is First Minister aware of the

problems with the crofter's commission cost by the behaviour of

the current convener. Other commissioners have asked for his

resignation and the previous chief executive, Katrina Maclean, left

because of the convenor's behaviour and the pressure that has been

placed on commission staff. Will she and her rural secretary now take

action to make the commission work for crofters across the crofting

counties without the disruptive presence of the convener? Tavish

Scott raises a very important issue. The Cabinet Secretary for the real

economy has already welcomed the apology from the board of the

crofting commission but it is disappointing that the convener was

not a party to that apology. It is important that we get to the stage

of being able to draw a line under recent events. The resources spent

on dealing with these issues by the commission would, in my view, be

better used in being an effective regulator and contributing to a

sustainable future for crofting. I note that crofting commissioners

have called on the convener to resign unanimously. We have

requested further information in relation to last week's events.

While the Government would not usually intervene in the internal

operations of an independent statutory body, the legislation does

give Scottish ministers power to act if required and I can assure Tavish

Scott that the Cabinet Secretary continues to monitor the situation

very closely and we would be happy to discuss it further with him.

Christina McKelvie. To ask the First Minister what the Scottish

Government's response is to the recent Scottish Social Attitudes

survey which shows that prejudice levels in Scotland are following. I

welcome the findings from this survey. It is encouraging to see

that Scotland is becoming a more inclusive society with more people

in racing and valuing diversity. However, we should not be

complacent. It is unacceptable that some groups do still face prejudice

so we must continue to work together to eradicate discriminatory act

stewed in Scotland and I can ensure the member that we are committed to

doing so. I thank the First Minister for that answer and that commitment.

This week, the Tory party conference of the most disgraceful display of

reactionary right wing politics in living memory with the Tories

hinting that they will target foreign workers and name and shame

businesses for not hiring British employees. Perhaps we saw an early

plans of that from the Scottish Tories in recent weeks when they

questioned the right to take part in current life. How will the First

Minister help to ensure we create an inclusive Scotland where people are

judged on the contribution they make to our society are not in a place

they were born? We did that... We do that by standing strong and I hope

United in defence of that inclusive tolerant society. We should value

people by the contribution they make here, not by where they were born or

indeed the colour of their passport. I think that work is undermined by

some of the rhetoric we have heard from the Tory conference this week.

Theresa May's speech yesterday was endorsed by Marine Le Pen, the

leader of the French far right. Nigel Farris said yesterday that

virtually everything that Theresa May said in her speech were things

that he had said over the last few years. I do think all of us have an

obligation to stand up against intolerance, against prejudice,

against discrimination and against xenophobia in all of its forms and I

hope everybody in this parliament will do so. Ross career. Thank you,

presiding officer. The First Minister has already called at the

hateful disgusting rhetoric that came out of the Tory party

conference this week. Perhaps the most sinister of their proposals was

that from Amber Rudd, the Home Secretary, that countries will be

forced to disclose the proportion of their workers who were born outside

of the United Kingdom. Woolley First Minister and the Scottish Government

support businesses in Scotland who refuse to comply with this

disgusting proposal? I would absolutely stands full square beside

any company that refused to comply with any request to publish details

of foreign workers. What I found particularly offensive was the idea

that companies would be named and shamed for the foreign workers they

employed as if there was something shameful about employing workers

from other countries. It is absolutely disgraceful stop I Amber

Rudd went on the radio yesterday morning and tried to roll back this

proposal by saying that it was not something the Tories were definitely

going to do. Well, I think it's about time the Tories stood up and

said that it's definitely something they will not ever do because it

would be downright disgraceful and disgusting and this Government would

have absolutely nothing to do with it.

Thank you, presiding officer. Can I associate myself with the comments

the First Minister has made about the Tory party conference. I think

we are on full agreement on that point. If you look at the broad

findings from the Scottish Social Attitudes survey as well as figures

last week which show that hate crimes in Scotland have fallen over

the last year, but we can't be complacent, First Minister. Bad

things are still happening in Scotland too often. For example

Islamophobic hate crimes have increased by 89%. Prejudiced and

hatred has no place in any of our communities, and certainly not in

our society. So what specific action will we take to highlight the issue

of Islamophobia and reduce hate crimes such as this?

Firstly, I agree absolutely with the comments. Indeed, I did say in my

first answer that we should not and must not be complacent. There is no

disagreement whatsoever from me on that. We see a rise in Islamophobia

and the Government continues to work with faith communities to all our

quality work to combat discrimination, in particularly to

combat the rising trend of Islamophobia. I was speaking at an

event at the end of last week organised, an interfaith event,

organised by the Alan Bates society where I made mention of the need to

make sure that we continue to welcome the fact that hate crimes

are falling but not be complacent about that. I know the member is

very familiar with the range of what we do. We are seeking to work with

communities to bring people together and make diversity something we

celebrate as a key strength of our country, not something we fear and

exploit. That'll be the way this government behaves. I hope in doing

so we continue to have the unanimous support of everybody in this

chamber. I beg your pardon. Question number

five, Donald Cameron. To ask the first Mr what steps the

Scottish and is taking to tackle the rising number of drug-related Acute

Hospital stays. While drug-taking amongst the

general population is falling, the number of young people taking drugs

is at the lowest level in a decade we are determined to tackle problem

drug use. Will our partners and supported by an investment of over

?600 million we are waking to the working to reduce the harm caused by

drug and alcohol use. The result of hospitals is because of a rise chord

of older drug users who become more vulnerable and have a greater need

for the support and care of our NHS. We continue to work with subsector

groups to identify and understand the needs of these individuals.

Donald Campbell. The First Minister will be away from the recently

published districts reported that general acute admissions increased

by almost 500 in the last financial year. The same report showed that

around half of those patients lived in the 20% most deprived areas of

Scotland. Would be First Minister accept that the Scottish Government

needs to do much more to reduce serious drug misusing our most

deprived areas? Of course I will. Where we still

have a problem of drug use they will also be more that the Government

needs to do. But I would genuinely point the member to some of the

trends that I highlighted in my opening answer. We are now seeing

the number of young people taking drugs at the lowest level in a

decade. That suggests that the initiatives we are taking are having

some success. Coupled with that it is right to say that we are seeing

an increasing trend of hospital admissions but that is related to

the ageing cohort of drug users. As people become older having had a

lifetime or substantial parts of their lifetime taking drugs, they do

more and more need hospital treatment. That's the explanation

behind that trend. Drug use in any community, particularly in our most

deprived communities, is something we shouldn't and can't be complacent

about. We must revelling possible to combat it.

Thank you, presiding officer. That is the first winners agree that

drug-related acute heart disease are often related to illegal drug use.

Can she confirmed drug-related crime has fallen dramatically since the

SNP came to office with a fall of 45.7% in North Asia alone? -- North

a share. I certainly welcome the point to the

recently published crime figures which highlight the reduction in

drug offences and reflect positive trends in that area. North Ayrshire

Rick wrote: the bucks trends. We know there was no room for

complacency. We know about the vulnerability of an ageing cohort of

people who are using drugs for many years. We must deal with that. But

Kenny Gibson is right to point out that there is cause for optimism.

Nationally drug-taking among the general population is falling, and

as I've already said today, for young people it is now at the low

was level it's been a decade. There is cause for optimism at but we must

tackle this problem because it affects too many lives and can

affect lives in a very dramatic way. To ask the first Mr what impact the

breaching of EU spending rules has had on the funding of infrastructure

projects. The European Commission suspended

three-year programmes, these managers prevented the Scots

government from being reimbursed for money it had already spent for the

duration of the suspensions. But there was no impact on projects

themselves. All suspensions have now been lifted with the final one being

lifted in September this year. I think the first Mr is being badly

advised in her response. I'm talking about European statistics authority

regulations in relation to infrastructure projects. She has

answered, perhaps, a different question. The First Minister will

hopefully now be aware that there are at least four major capital

project that breach EU rules on funding. In Aberdeen, Edinburgh,

dumplings and Galloway Royal Infirmary at the national blood

Centre. The total capital required for all four project will be pleased

?900 million. According to audit Scotland capital was transferred

from housing and from Scottish water and ?300 million was borrowed last

year to fill part of the gap. Can I ask the First Minister what further

borrowing will be necessary to finance these, and other planned

projects? What is the opportunity cost if we still have to find the

balance of the 900 million? And what projects will be delayed?

Well, I now understand that Jackie Baillie was talking about the

reclassification, I'm not sure how anyone could have taken from the

wording of her question but I'm glad we now have a meeting of minds the

question we are answering. As Jackie Baillie knows the ONS

reclassification, and there are a number of issues, we've seen one

about housing associations with the awareness reclassified from private

to public, the UK Government also has similar issues to contender in

terms of the capital projects. The Scottish Government has made a bold

provision for these. They will be no interruption in terms of his capital

projects. We make sure that our capital programme is taken forward

is to deliver the production the country needs and deserves.

Thank you, presiding officer. The general's report last week till says

that a sum of ?40 million has been lost from Liz got an's account due

to financial incompetence and an ability to apply EU accounting

rules. Which projects have been kept or delayed because of this

incompetence? I Middle Fraser made the same

interpretation of Jackie Baillie's question as I did. My previous

answer stands in reflect of this. In terms of the suspensions, the effect

of suspensions which have all been lifted is to temporarily prevent the

Scottish Government being reimbursed for money we have already paid out

in projects. There is no impact whatsoever on the product concerned.

We learnt lessons as other governments do, we regularly audit

projects under these funds. We learn lessons and have applied those

lessons in terms of the current round of structural funding.

I would say that it is the actions of Murdo Fraser's party that putting

future funding under threat. Question number seven, Emma Harbour.

To ask the first Mr what the Scottish Government's responses to

the polls deadline of March 20 17th for the triggering of Article 50? It

does seem clear that the decision on the timing of article 50 is being

driven more by the Prime Minister's desire to appease the Tory you are

sceptics vanities by any rational consideration of what is in the best

interests of the country. -- Tory you are sceptics banned by. As we

have heard already and can see from the report this morning the damage

that Brexit, especially the hard Brexit the Prime Minister now

favours would still drown economy. That is why the Scottish Government

will do absolutely everything in our power to protect Scotland's

interests. Write frankly First Minister for that answer. Give any

timescale it's taken to set a timescale what is the best bet on

how long it will take the UK Government to curb with a plan, or

any substantial notion of Brexit means?

Well, I have no idea! They should have had a plan by now. What I'm

more concerned about, with every day that passes, is the direction that

the UK Government does seem to be going down, not just exit from the

EU, but exit from the single market. Let's be quite clear about what that

would mean. It will mean tariffs, nontariff trade barriers to

companies that exports to the European Union. It could mean

financial services companies losing past sporting rights, it could mean

all of us having to pay for the privilege of travelling across

Europe. These are real indications for every

single one of us. That would be bad enough. But it's even worse because

Scotland didn't want to be in this position. I hope everybody in this

chamber will unite behind a call from the Scottish Government to stay

in the single market. I don't believe, notwithstanding the result

of the referendum, I don't believe Theresa May has any mandate to take

the UK out of the single market. How many times did believe campaign say

that leaving the EU did not mean leaving the single market. I hope

liberals Davidson will get behind the Government when it says to

Theresa May keep the European UK and EU and stop putting the interests of

the Tory Eurosceptics and Ukip ahead of the interests of the country.

To ask me first Mr what discussions the Scottish Government is having

with the governing bodies of contact sports regarding head injuries.

Firstly, on behalf of Parliament can I take this opportunity to convey

sincere condolences to the family and friends of the boxer who lost

his life in Glasgow last Thursday. The British boxing board is

investigating the circumstances of this incident and it would be

inappropriate for any of us to comment on details at this time. On

the broader issue of concussion in sport we were the first country in

the world to introduce standard guidelines for dealing with

concussion in sport. These guidelines were published in May

last year. The guidelines were developed with a range of experts

including the Chief medical officers at the Scottish Government, Scottish

rugby and be Scottish football is as a sham. They are made available to

all sports clubs and cultures for contact and noncontact sports.

-- footballers as the Asian. Can I find the Minister for that response.

I also thank her for the very helpful to veggie sent to me this

time last year following another First Minister's Questions when I

raised the same issue. She said that she fully recognised the seriousness

of the issue and intimated that guidance would be updated on regular

basis. I wonder if these updates have taken place and whether

consideration has been given to the fact that there is currently

different guidance for serious concussion injuries in different

sports. For example, in boxing the suspension is a minimum of 28 days,

whereas in rugby the minimum is seven days away from the sport.

Would she agree that the medical expert panel to which she referred

might need to look at whether there should be a standard approach?

As I said in a rigid Lancer we have introduced standard guidelines for

dealing with concussion in sport but shrug as I said in my previous

answer. When this law issue was last raised with me I think the prospect

of legislation that concern is that at this stage legislation would not

be helpful. What I said then is what I say today, we need to keep this

under review, and as we do so we need to inform the best medical

opinions will stop I'm happy to take the comments Liz Smith has made

today and make sure they are discussed by the panel of medical

experts that form these decisions. I am happy to enter into further

correspondence over what we've done. That includes question Time today.

We now move on to remember's business. The very sad subject of

the death of that boxer. My sympathies to the family. A wide

range of other questions there. Brexit was a dominant factor. I

remind you of this report from the Fraser of an inter-Institute. It

tracks the various scenarios from Europe. A full-scale hard Brexit,

disengagement, on each of those scenarios jobs going, the economy

down. A decline in GDP, and a decline in jobs. That was raised.

Ruth Davidson raised that. It might have been described as a courageous

move. Brave indeed. She knew that she was

walking into First Minister's Questions today to face a barrage of

criticism. It must be particularly galling given that she probably

agrees with a lot of the things that Nicola Sturgeon says.

There is no getting away from it, she is in the same party as the

people who said all these things she will continue getting pelted the

Government finally knocks on the head this idea that foreign workers

will be put on lists. It was a brave move to raise that report. The issue

of foreign workers on breasts but also Ruth Davidson challenging the

First Minister to mitigate the impact of Brexit -- foreign workers

on lists. A courageous decision given the origin of Brexit. Yes, a

cheeky moving away given that her party is going to take the whole of

the UK out of the EU and given the Scottish Government obviously does

not have international trade as one of its areas, so Nicola Sturgeon

obviously answered quite proactively about taking and setting up pubs in

Dublin and Brussels and going into international markets saw it put her

on the front foot in saying that we do not have these powers but we are

doing things anyway. And she did try to stress that her Government is

determined to if possible mitigate the impact of Brexit but she was on

a tricky wicket there as well because no one knows precisely the

impact. Even the Fraser of Allander Institute report gives a wide range.

I just spent three days in Birmingham were at the lack of

detail was apparent. The speeches, there was no meat them at also

everyone and... We are still getting Brexit means Brexit, we'll make it a

success and that is all. If the UK Government is not being clear and it

is very do offer Nicola Sturgeon to be clear about what the impact will

be. Willie Rennie broadened it on the points you make about Amber

Rudd's speech about an audit of foreign workers. The First Minister

said it would be appalling if they were used as bargaining chips. First

Minister is really exercised about this, isn't she? She is really

angry. She's right, I think many people are appalled. I think most

people in the rest of the UK are appalled at this idea and the UK

Government are going to put out a consultation on this idea of having

a foreign worker list. But I think they should kill it off. The

business reaction has been appalling, the reaction from Tory

supporting papers like the Telegraph has been appalling and the sooner

they kill it, the better for the Government and for Ruth Davidson as

well. On this point, Amber Rudd as was noted seems to have rolled back

a bit from saying that this is something the UK Government will

definitely do. Yes, it's strange. You'd think she would have predicted

the reaction she has got but a think it's clear from the way she is

backtracking now but she obviously did not expect that. Perhaps at a

conference it seems like some in that reflects the mood? Perhaps it

reflects the mood within the party but she did not realise what the

reaction would be within the wider country. So, yes, it suggests a bit

of out of touch in terms of what she thought was going to happen by

saying that. Our different topic but the question of hate crime and

hateful attitudes but it was linked as well by Christina McKelvie to,

perhaps unfairly, to the response at the Conservative conference. Then we

had quite a substantial debate about decline in hate crime but reminding

that Islamophobic a crime is up. There was generally hate crime

following in that report. Actually, what was not mentioned in there and

which links into the Brexit thing was a third of Scots are worried

about Eastern EU immigration taking their jobs but that was perhaps not

mentioned by Christina McKelvie because it would not fit in with her

line of argument. It's only the case that there are those attitudes here

in Scotland as well is out of the border. Let's turn to these things

that were raised by Kezia Dugdale for Labour, about ScotRail. She was

talking about a very populist nerve. Commuters are sick of her services.

Absolutely. It is something that we are hearing from across the UK with

Sutherland strikes still going on. I feel that Kezia Dugdale does not

really managed to get an answer from the First Minister because she

raised the point about ticket prices versus wages and I think it was 23%

was the cap on ticket price rises and 6% was the amount that raises...

Wages are going up. She asked it and I think Nicola Sturgeon got around

it and just hopped about service levels that they are working on and

the kind of improvement they are working on the day have asked

ScotRail for. It is always an open goal, this one. Commuters are sick

of the service they get but she pushes it on a range of topics or a

range of aspects. Yes, I think Kezia Dugdale picked as subject that

really does annoy people and that is a thing. I am lucky enough to live

in Edinburgh so I don't have to commute but enough of my friends do

and are scathing about the service and you could tell that Nicola

Sturgeon was in some bother. She said that she was not going to make

excuses. There was no real substantive answer to the questions

that Kezia Dugdale was raising. Hold of Razak and we will track for a

moment. Back to Brexit, I have talked to John McAlpine who is the

convener of the European committee that are having a commission. They

are the ones who commissioned this Fraser of Allander reports that has

caused so much fuss. But they are investigating the impact of Brexit

in Scotland. I asked if there should be able to hear at Holyrood on the

bill, the great repeal bill as the Prime Minister calls it. I'd put it

to her that UK sources were saying this was a matter for the UK because

it was the UK as a whole that would be leaving the EEC can make European

Union. Here was her response. That's absolute nonsense. It impacts on so

many default areas and its impact on Scottish businesses, Scottish

organisations, Scottish charities, the cultural sector and even in

areas where we are told we will get all the power back, like fishing for

example, we are told that will be repatriated. The maritime boundaries

are not going to be repatriated and there is already talk of the UK

Government is using Scotland's fishing grounds as a bargaining tool

because they determine who gets access to them. There is a lot of

areas where Scotland will be affected so it's important that the

Government gives all sectors a voice because they certainly will not get

a voice to Westminster. You have two elements here. Negotiations, which

is UK Government is consulting but when you have this bill that is now

being proposed, the title my great repeal Bill the Prime Minister is

calling it to return powers to these islands. Do you think Holyrood

should have a role in that? Should there be a register of consent

motion that allows a vote in this Parliament as well? I would've

thought there would have to be alleged to have consent motion

because it impacts are many areas of Scottish law. EU law is constrained

in Scots law so it will affect that so it has to be EU legislative

consent. You think that is plain? Some people are saying that it is

about foreign affairs Constitution. I think there is a huge lack of

understanding about the devolution sextant. There is only one

convention that says if there is little in the Westminster parliament

that impacts on devolved areas it must get the consent of the Scottish

parliament. Clearly, this impacts on devolved areas and the decision on

the LCM as I understand it is made here. It's made by the presiding

officer, for example. What of that is contested by Westminster? That

would be an unprecedented constitutional territory. It is the

Government here and BPO, my understanding, that are in charge of

the United have consent process. What if voices, officials, whatever,

MPs and ministers at Westminster say that this is purely a UK matter?

They can say what they like, but is our decision. We make the judgment

on whether it goes to the Scottish parliament and in the Scottish

Parliament vote on its democratic way. We have advisers to our

committee, one of them Sean Douglas Scott who is professor of law at

London University, so I believe she is doing some work on this for the

committee... Does this go to a legal battle, visible to a political

battle? I think there would be a huge constitutional crisis. It is

important to remember that Theresa May in this whole process when she

came Prime Minister, she started off on the right fit. He came to

Scotland, told us we would be involved, she would not trigger

Article 50 as such times as she had a UK wide agreements. Now she's gone

ahead and said she will trickle Article 50. She does not have UK

wide agreements. She hasn't even set up the mechanism to consult with the

devolved governments. We have not had a meeting of the joint

ministerial committee yet. She says this is ultimately for the UK

Government to take the UK as a whole out of the European Union. That is

not what she said in July. What she said then was that there would be a

UK wide approach and we would not be windowdressing, the First Minister

said, we would be involved in shaping the UK's negotiating

position. That is not what she is saying now. That whole respect

agenda seems to be out of the window. It is another broken promise

just that they broke a promise not to take it out of the EU if we voted

no in the independence referendum. There we have it. Joan McAlpine

making her views very clear. Simon, does this matter? Do you think there

has to be alleged to have consent motion. Should Holyrood have its

say? I think Theresa May was not born yesterday. If she really going

to offer the Scottish Parliament the chance of a consent motion solicitor

and it down? She has already not been very keen of it going to

Westminster Parliament, let's be honest. Certainly trying to avoid

the trigger going through the parliament. Why would you? There

would be a crisis if you make that offer and then it was rejected and

the great repeal bill was withheld, so it would seem likely that it

would be rejected, so I don't see in a million years why she would do

that. Ultimately, Westminster can say Holyrood has withheld consent of

these things, how sad, we are carrying on but that would not be

good politics as Simon is suggesting. No, it is a risk. Try to

get this balance. I think we have seen a shift because to begin with

Theresa May seem to be very cold so later it would Scotland. Joan

McAlpine says there has been a U-turn. There has been a shift.

First they seem to be a working together, yes, we will talk to

everyone is happy with its. Now those very much, we will not have

national standing in our way, we don't need to tell you what we are

doing. Do you think there has been a shift? If there has been, Theresa

May does seem to be seen consulting with Nicola Sturgeon. I agree with

Joan McAlpine on that, there must be formal talks, negotiations. We are

early on in the process at the moment, but there has to be that.

There are two things. There are the negotiations and the bill. The

negotiations, you are saying should be involving Scotland. Absolutely.

She should be seen to be doing that southern Nicola Sturgeon is feeding

her ideas into the negotiation stance. What is the danger from a UK

perspective otherwise? The danger is, obviously we already have

Scotland being taken out against its will on terms to which it didn't

agree, that just makes it even worse. We're hearing from the

Scottish Government that there is to be a joint ministerial committee at

the end of this month and they want this to be a platform for their

involvement, don't they? But on the other hand, David Mundell and

Theresa May are saying they will consult with and engaged but the UK

Government will take the UK out of the EU. It is challenging for them

because they need to consult, they need to be seen to be taken on board

ideas, but at the same time, they to retain control and say it is

actually asked that is in charge because at the end of the day...

Very briefly, Simon. SNP conference next week. It might come up? Just on

the fringe somewhere? Everyone will be hanging on every word the Nicola

Sturgeon has to say about a second independence referendum. Is she

going to try to march them down from the top of the hill or issue

actually going to hit the button as it were? We will be watching avidly,

I'm sure. Thank you both. Little bit of a sushi kicking around social

media. Idol read it myself, but I'm told it's happened. Apparently he

thinks some of the Scottish press are a bit lazy in their attitude to

coverage. I was going to discuss it with my colleagues here, but we just

couldn't be bothered, basically (!) We can get round to it. That is the

end of the of questions to the First Minister. Brexit dominating. We will

be off to the SNP conference next week. From me, goodbye.