Here are the headlines from FMQs at Holyrood this afternoon:

• John Swinney denied the SNP government have been “soft on justice” after being challenged on the early release of prisoners by Scottish Conservative leader Russell Findlay.
• The first minister said “record investment” had been made into the NHS after Scottish Labour leader Anas Sarwar asked whether patients caught up in delayed discharge would be treated in time for Christmas.
• Alex Cole-Hamilton, the Scottish Lib-Dem leader, described waiting times for mental health treatment, particularly ADHD referrals, as a “national crisis”.
• The first minister apologised to patients who have had extended waits for breast reconstruction surgery.
• Swinney said school pupils in his constituency should not be “singled out” by strike action purely because he is first minister.
• “Protracted” talks over the redevelopment of Ardrossan Harbour and the return of the MV Caledonian Isles ferry have taken place, but no agreement has been reached, the FM said.

That wraps up our live coverage of FMQs. The editor today was Paul McLaren and the writers were James Delaney and Ashleigh Keenan-Bryce.

A 'national crisis' on World Mental Health Daypublished at 13:01 British Summer Time 10 October

13:01 BST 10 October

Andrew Kerr
BBC Scotland political correspondent

The story of Steven was raised by the Liberal Democrat leader, Alex Cole-Hamilton.

Steven a teenager waiting for a diagnosis of Attention Deficit Hyperactivity Disorder (ADHD).

The party leader said the young man’s initial consultation was five years ago and his family had no idea when he will reach the front of the queue for the next stage

Mr Cole-Hamilton said there was a “national crisis” with referrals sky-rocketing and claiming resources have not kept pace with demand.

He tied this to World Mental Health Day – and questioned what the waiting list might look like next year.

The Liberal Democrats have often banged the drum for these types of service and highlighted the link to mental health.

There have been cross-party calls for a better service with the Labour MSP Daniel Johnson, who has ADHD, also highlighting problems.

The first minister said he was trying to make “improvements” and pointed out the budget has risen to cope with a 15% increase in people wanting to access Child and Adult Mental Health Services.

Labour MSP Clare Baker says following the conclusion of the first stage of the public inquiry into the death of Sheku Bayoh, his family are calling for the scope of the inquiry to be widened.

Mr Bayoh died after he was restrained on the ground following a violent confrontation with police in Kirkcaldy in May 2015.

His family want inquiry to look into the Crown Office's decision not to bring any prosecutions over the case.

Baker asks the first minister when a decision will be made on this issue and if he recognises the pleas of the family to have closure.

The first minister says he recognises the desire of the family to have closure and that the government ordered the inquiry for that purpose.

Swinney says Deputy First Minister Kate Forbes is fulfilling her statutory duties which require her to consult extensively on revising the terms of reference. He adds this work is under way and a decision will be taken as soon as possible.

The SNP's Kenneth Gibson asks the first minister how the Scottish government plans to make the CalMac ferry service to and from Arran “more resilient” after the return of its main vessel was hit by further delays.

The MV Caledonian Isles was taken out of operation in January for repairs, but is now not timetabled to return until mid-November.

However, the redevelopment of Ardrossan Harbour has also been delayed.

Swinney says “active dialogue” with CalMac is taking place to ensure continuity of service.

He says talks over Ardrossan Harbour has been “protracted” but an agreement has yet to be reached.

Scottish Conservative MSP Murdo Fraser says parents and carers across Perth and Kinross are deeply concerned over trade union Unison's plans to strike for two weeks following the October holiday. He asks the first minister what the Scottish government is doing to stop this "damaging action".

The first minister says he takes this issue seriously as a parent of a pupil who stands to be affected by proposed strikes in Perth and Kinross as well as the representative of 65,000 constituents whose families stand to be impacted.

Swinney says there is no justification for his constituents to be "singled out and targeted just because I am first minister".

He says a pay deal has been offered and been accepted by two out of three trade unions, and he hopes there can be dialogue with local authorities to bring this issue to a conclusion.

Back to the chamber, and Christine Grahame asks for Swinney’s response to the commitment signed by the UK and Scottish governments under the Borderlands growth deal, which would allocate £5m to study plans to extend the Borders Railway to Carlisle.

She says Westminster is yet to “affirm” the agreement, and asks whether Labour is “short-changing Scotland”.

Swinney says extending the railway is a “regional priority”.

He says his government has given the go-ahead to Borders Council to hire a project manager for the proposals, but only if the UK government approve their share of funding.

He encourages ministers to approve the funding as soon as possible - as previously agreed under growth deals.

Is Scotland's NHS ready for winter?published at 12:44 British Summer Time 10 October

12:44 BST 10 October

Questions over NHS preparations for winter have been aired at Holyrood before.

There's a great deal of concern over what's called "delayed discharge".

Behind that rather grim description is, of course, a patient who has received treatment and is medically fit for discharge - but there are issues with future care packages.

That's a person lying in hospital concerned about their future care with worried friends and family.

But in the wider NHS picture, it means there's a bed being occupied which causes problems at the front-end of the hospital, as A&E pressures increase.

Health Secretary Neil Gray presented an NHS winter preparedness plan a couple of weeks ago.

Opposition parties ridiculed the lack of time given to discussing that.

Labour's Anas Sarwar said the plan was "dismissed by key figures in the NHS".

The first minister turned the tables back on Labour - saying his government can only allocate the resources at its disposal.

John Swinney said he was "wrestling with the climate of austerity" and wants to see if the UK Labour party "break with austerity" in the budget at the end of the month.

Scottish Conservative MSP Tess White asks the first minister what support the Scottish government is providing to reduce waiting times for breast reconstruction surgeries.

The first minister says he is acutely aware there are patients who have waited "too long" for breast reconstruction surgery and he sincerely apologises for that.

He says reconstruction surgeries are highly specialised and can only be performed in certain specialist centres in Scotland, currently concentrating on treating trauma and active cancers. He adds, "regrettably" this means some patients are waiting longer for reconstructive surgery.

Swinney adds that as part of this year's £30m additional investment to address backlogs, funding has been allocated to several health boards to treat patients waiting for risk-reducing mastectomies and immediate breast reconstruction.

SNP MSP Clare Adamson asks for Swinney’s response to new UK legislation requiring all employers to pass all tips, gratuities and service charges on to workers.

The first minister says he welcomes “fair, transparent" benefits for hospitality workers.

Adamson says workers will still need to pay tax on tips under the new law, and points out that HMRC exempts politicians from paying tax on “gifts from donors” and whether the Labour government at Westminster should amend the “inequity”.

Swinney says Adamson makes a “reasonable point,” and says Holyrood cannot affect change on tax and tips.

He says he is sure her point will have been heard by those who take those decisions in the UK government…while staring directly at the Labour benches.

He asks whether Anas Sarwar “has something to be worried about”.

Scottish Lib Dem leader Alex Cole-Hamilton is up next and cites long waits for mental health treatments and ADHD diagnoses.

He brings up one case of a teenager who had his initial consultation with child and adolescent mental services five years ago and he is yet to start treatment.

He describes long waits for ADHD referrals as a “national crisis” and says resources have not kept up with demand and asks how long others will be waiting for care.

Swinney says Scotland has seen a 15% increase in the number of young people accessing services since the pandemic.

He says they have seen the highest number of people on record starting treatment consultation with child and adolescent mental services in 2023/24 and budgets have been increased by 17.2%.

Sarwar says the Scottish government pledged to "clear all waits" over two years by September 2022 and the first minister's comments will be "cold comfort" to them.

He says the first minister has not pledged to increase care packages to address delayed discharge or reduce wait times over two years by Christmas to unlock capacity in the NHS.

He highlights the winter preparedness plan outlined by the health secretary two weeks ago.

Sarwar asks the first minister if he will listen to the doctors and nurses on the front line who have been critical of the plans.

Swinney says the government is putting plans and resources in place to be prepared for winter, citing a £19.5bn "record investment in the NHS".

He says the government can only allocate the resources at his disposal.

Anas Sarwar says despite what the first minister says, the Royal College of Emergency Medicine says they have not seen any "useful measures so far from this government".

He cites information discovered by a freedom of information request (FOI), showing waiting times for urology treatment to have a seven year wait, general surgery to have a six year wait and a five year wait for ophthalmology, gynaecology and orthopaedics.

Sarwar asks the first minister to guarantee that every patient who has waited over two years will be treated by Christmas.

The first minister says the NHS is working to reduce waiting time, with latest information showing procedures for inpatients and outpatients are now at the highest level since the pandemic.

Swinney says the increase was the 10th quarterly increase in a row, up 9.9% from the same period last year.

He adds we are seeing an improvement on the of the capacity and capability of the NHS in reducing waits, but acknowledges significant challenges remain.

Anas Sarwar now steps up for Scottish Labour.

He begins by challenging the first minister on hospital waiting times ahead of winter.

The Scottish Labour leader says meaningful action is needed to help the 1,500 waiting in hospital due to a lack of a care package.

He asks the first minister if he can guarantee care packages will be put in place so patients can get home for Christmas.

The first minister says he acknowledges the challenges Sarwar has put to him and the issue of delayed discharge takes up a significant portion of his and the health secretary's time.

Swinney said the government is trying to work with various partners around the country to address the issue of care packages, which varies in different levels of the country.

He says intense work is going on to address the objectives put to him of reducing waiting times ahead of the winter.

Russell Findlay accuses John Swinney of “trashing judicial independence” over the early release plan.

He says the SNP have “relentlessly weakened” justice in Scotland and the law-abiding majority are paying the price.

He asks if the justice system is stacked against victims.

Swinney says that is “patently untrue”.

The first minister says the average length of prison sentences has increased by 32% over the last decade.

Swinney adds that 98% of those convicted of rape or attempted rape between 2019 and 2022 received a custodial sentence.

He says the government has an obligation to run a “safe and stable” prison system, which is a challenge at the current moment without early release plans.

No surprise to see Findlay take the justice fight to Swinneypublished at 12:17 British Summer Time 10 October

12:17 BST 10 October

Andrew Kerr
BBC Scotland political correspondent

Russell Findlay is on comfortable ground asking about justice issues and the early release of prisoners.

The former investigative journalist had a strong focus on crime stories during his career.

He's got a commanding knowledge of the sector.

Picking up on the issue of early release is prime Tory territory of focussing on law and order.

Mr Findlay is attempting to portray the SNP as soft on crime.

The first minister had to emphasise the independent role of the judiciary when it comes to sentencing, pointing out that prisons are bursting at the seams.

Labour have also had problems down south with early release because of full prisons.

They have suggested the previous UK Conservative government failed to address the problem when in office.

Scottish Tory leader Findlay blames the SNP for the “catastrophic state” of Scotland’s prison system

He says people in the “real world” can’t get their head around prisoners not serving their full sentence.

He asks John Swinney whether he would ever find it acceptable to release certain criminals early.

Swinney says it is not for him to question the courts’ sentencing policy, saying the oath he took when becoming first minister was respecting the distinction between the leader of government and the independent role of the judiciary.

He says prisons are “absolutely bursting at the seems”.

The FM adds that more offenders per head of population are in prison in Scotland than in most other European countries, but the Scottish government must make sure the prison environment is safe.

Findlay asks whether Swinney personally believes “killers, rapists, domestic abusers, drug dealers and child abusers” should be freed early without any consideration of victims or public safety?

Swinney says the “appropriate measures” must be taken to ensure the “sustainability” of the prison system.

He says the reality of the prison system across the UK, including in England, is that it is under “significant pressure”.

The first minister says the Scottish government’s approach will always take into account the concerns of victims.

Findlay begins by asking the first minister whether he believes releasing some of Scotland’s “most dangerous” criminals early is the right thing to do.

Swinney says the Scottish government has to respond to the rising prison population in a “sustainable and effective way”.

He says there are now 8,322 people in prisons across Scotland and concerns have been raised over the safety of both inmates and staff.

Findlay says Swinney “might be even softer on crime than Nicola Sturgeon”.

The Scottish government is due to announce whether some long-term inmates will be released early in a bid to ease overcrowding in Scotland’s jails.

About 500 prisoners who were serving shorter sentences have been released in recent months, but prison populations are rising to record levels again.

Figures released on Wednesday revealed the prison population across the country was 8,305 – just over 100 off the all time high of 8,420 recorded back in 2012.

Image source, Gavin Hopkins

The target capacity for Scotland’s jails in 8,007.

Under new proposals, some inmates who have served two-thirds of their sentence could be released early, including those who have been convicted of sexual and violent offences.

That would apply to inmates jailed for over four years and would be backdated to 2016 when the rules were last change.

But it will not apply to the 1,115 people serving life sentences.

Scottish Tory leader Russell Findlay gets to his feet to kick off this week's FMQs.

He goes straight to the issue of the early release of long-term prisoners.