FM quizzed over his position on Post Office scandal

1. Humza Yousaf faces questions from opposition party leaders and backbench MSPs
2. Douglas Ross says the Lord Advocate's statement to Holyrood on the post office scandal was confusing
3. Anas Sarwar quizzes the FM on legislation for XL Bully dogs in Scotland.
4. The FM says the Scottish Government will work to protect people from irresponsible dog owners
5. A row over the UK food label scheme resurrects Brexit arguments in the chamber
6. Questions on cancer survival rates, the R100 broadband scheme and sexually transmitted infections are also raised from the backbenches

FMQs: The headlines

Our live coverage of FMQs comes to a close. Here are the headlines from today's session:

• The FM was asked for clarity on "blanket exoneration" for victims the Post Office scandal, after the lord advocate told MSPs that convictions might have to be considered individually.
• Humza Yousaf said it was his preference that UK-wide legislation be used to clear convicted postmasters and postmistresses, and said he had received a "positive" letter from Rishi Sunak.
• Yousaf denied being forced by the media into announcing new measures on dangerous dogs. He said he was forced to act after reports that XL Bully dogs were coming over the border, but the best approach was "deed not breed". A statement on new legislation is expected later.
• Asked about poor cancer survival rates Yousaf said a 10-year plan had been drawn up to improve treatments, although he accepted that for some types of cancer more work was needed.
• Labour's Jackie Baillie said women were facing a "life threatening postcode lottery" for cancer surgery, with some using life savings to pay for treatment.
• Asked whether he backed a new UK food labelling scheme on quality and welfare standards, the FM said this was a "Brexit burden" which would add costs for businesses.
• Yousaf insisted the rollout of superfast broadband was "on track" despite Conservative claims it was way behind targets, particularly in the north.
• The FM said it was his intention that a public inquiry into disgraced brain surgeon Sam Eljamel begin this year and he believed a chairperson would be appointed "shortly".

That's it from FMQs today. The editor this week was Paul Hastie. The writers were Calum Watson and Craig Williams.

First Minister's Post Office optimism may be misplaced

Glenn Campbell

BBC Scotland Political Editor

The first minister continues to favour UK-wide legislation to overturn the wrongful conviction of Post Office branch managers.

At question time, he seemed encouraged by the prime minister’s response to his request that UK legislation for England and Wales should be extended to cover Scottish cases.

I think his optimism may be misplaced.

The PM’s letter does raise the prospect of “productive discussions” between the Scottish and UK justice secretaries to find the “right path” to justice in Scotland.

It does not however specifically mention the UK legislating for Scotland.

In fact, UK government sources are indicating this is complex and may not necessarily be possible or expedient.

That may be why the first minister made clear that he is working on contingency plans for a Holyrood-only law to clear sub-postmasters caught up in the Horizon scandal.

He does seem committed to using some form of legislation to resolving this issue, while Scotland’s top prosecutor, the Lord Advocate Dorothy Bain has stressed that the legal system is capable of dealing with miscarriages of justice through the appeal court.

Inquiry into disgraced surgeon to begin this year - FM

BBC

Scottish Conservative Liz Smith asks about the inquiry into Sam Eljamel

Yousaf says it is his "intention" that a public inquiry into disgraced disgraced brain surgeon Sam Eljamel will begin in 2024.

Eljamel harmed dozens of patients at NHS Tayside, leaving some with life-changing injuries.

The FM was responding to questions from Scottish Conservative Liz Smith who says four months have passed since the inquiry was announced but still no chairperson has been appointed.

Yousaf says a chairperson should be appointed shortly and planning for a clinical review is well under way.

He says a lot of work is happening "behind the scenes".

MSP quizzes Yousaf over closure of charity for women offenders

BBC

Labour's Pauline McNeill asks about a charity for women offenders

Labour's Pauline McNeill notes the upcoming closure of the Turning Point 218 charity for women offenders in Glasgow. She says the budget presented by Glasgow City Council - £650,000 - was "unworkable" and down from the previous year's £1.5m.

She says this reduction was caused by the Scottish government and asks whether the FM is content that there is no bed facility for women offenders with drug use as their main problem and says "ministers surely cannot wash their hands of this tragic outcome?"

The First Minister says it is a city council decision and he is happy to ask his justice secretary to engage with the council and he praises the work done by Turning Point.

He says his government believes in community justice disposals as an alternative to prison.

Is superfast broadband rollout behind schedule?

BBC

Scottish Conservative MSP Douglas Lumsden asks about superfast broadband

Scottish Conservative MSP Douglas Lumsden asks how many premises due to get superfast broadband have so far been connected.

Yousaf says the R100 scheme is on track to ensure contracted homes and businesses can access gigabit broadband by 2028. So far more than 36,000 have been connected, he says.

Lumsden says the scheme was meant to connect 114,000 premises mainly in rural areas by 2021 but only 29% have been connected.

The FM says the government has a strong track record in investing in broadband for rural areas and points out that telecoms legislation is reserved to Westminster.

Food label row resurrects Brexit arguments

Andrew Kerr

Scottish political correspondent

A row about food-labelling is a good opportunity to resurrect Brexit arguments.

SNP MSP Emma Harper raised the “not for EU” label which the UK Government wants to introduce – no rationale for it, the First Minister said

Humza Yousaf said his government shares the well-documented concerns for clarification – asking why they are insisting on a policy which costs extra for all agri-food businesses?

He said this was Conservative chaos harming our economy.

He added this question – if people want to stay in broken Brexit Britain or make decisions for themselves as an indepedent nation – saying his was the only party that stands up against Brexit.

The Conservative MSP Rachael Hamilton came in – saying a new consultation on labelling would ensure high-quality British produce over goods that do not meet high welfare, high- standard food - at at time when the Scottish Government is cutting the rural budget.

But there was a final barb with the First Minister saying “no wonder the Conservatives fear the verdict of the people”.

UK food label scheme is another Brexit burden - FM

BBC

Scottish Conservative Rachael Hamilton asks about food labelling

The Conservative's Rachael Hamilton says the UK government will launch a consultation on a new food labelling scheme which will tell consumers what they are buying, including details of British and foreign food quality and welfare standards.

She asks whether the FM supports this move and can he explain how he expects Scottish fisherman and farmers to continue to provide high standard food when his budget is "cutting £46m from the rural affairs portfolio".

Yousaf describes this as another "Brexit burden" for businesses in Scotland to have to bear despite not viting for it.

He said he did not think businesses were lining up to thank the Conservatives for this new labelling regime and says it is adding costs to business.

He says the SNP is the only party standing against Brexit.

Cancer treatment is 'life-threatening postcode lottery' - Baillie

BBC

Scottish Labour's Jackie Baillie focuses on cancer treatment.

Scottish Labour's Jackie Baillie also focuses on cancer treatment.

She says she recently met a group of women in the west of the country who have had to use their life savings to pay for surgery

She says women in the west can't get surgery that would be available to them if they lived in other parts of the country. "What urgent action is being taken to end this life-threatening postcode lottery?" she asks.

The FM says no-one with cancer should have to wait a day longer than necessary to get treatment, and says the health secretary will write to Jackie Baillie giving details of what is being done.

MSP says Labour 'shamefully failed' to support alcohol pricing

BBC

The SNP's David Torrance accuses Labour MSPs over alcohol minimum unit pricing

The SNP's David Torrance accuses Labour MSPs of having "shamefully failed" to support alcohol minimum unit pricing in Scotland and asks what assessment the government has made on the effect of the policy on liver cancer rates in Scotland.

The FM responds that the policy has had a "very positive impact on health outcomes". He says it has cut alcohol consumption, deaths and hospital admissions.

He says cancers will take longer to impact but they are focusing on less survivable cancers such as liver cancer.

Work needed to improve cancer treatment - Yousaf

BBC

Scottish Conservative MSP Alexander Stewart asks about cancer survival rates

Scottish Conservative MSP Alexander Stewart asks about reports that Scotland has some of the worst survival rates for the most serious cancers.

Yousaf says the government published a 10-year strategy on improving treatments last year.

He says overall cancer mortality has decreased by 11% over the last 10 years - although he accepts that more work needs to be done on some forms of the disease.

Mr Stewart replies that the government should be ashamed of its record having had responsibility for running the health service for nearly 17 years.

The FM says he has lost an uncle to pancreatic cancer and it is a matter that is personal to him.

He says there are some cancer types where progress is being made, but accepts that for some other types more work is needed to improve diagnosis and treatment.

We'll work to protect people from irresponsible dog owners - FM

Sarwar cites the case of a post worker in Oban who was scarred for life by an attack by a German Shepherd dog.

He says nothing in today's announcement would have helped her and asks what will it take to help people who have suffered from attacks from other breeds.

Yousaf says they have taken action on the back of the work done in 2018 by the committee. But he says one attack is too many and they will continue to work with others to keep communities safe from the "very small minority" of irresponsible owners.

Sarwar mentions 7600 hospital treatments for dog attacks in one single year and accuses the FM of playing down the numbers of attacks.

The Labour leader says "we can't wait" for ministers to act. Yousaf accuses him of ignoring his previous answer about what is being done, including dog control notices.

He says they would be better able to act if the parliament had "full powers" in Scotland.

Rebels vow to vote against XL Bully ban

Andrew Kerr

Scottish political correspondent

The Scottish Labour leader is bringing up the separate Scottish legislation to control dangerous dogs – in light of new controls on XL Bully Dogs to be announced this afternoon.

The Dangerous Dogs Act 1991 applies to England and Wales - but Holyrood introduced the Control of Dogs Act in 2010, described as a “stricter regime in Scotland”.

Anas Sarwar highlighted how this was under review and wondered what was happening with this?

In this election year (of course), the First Minister brought up Westminster’s approach to dealing with the XL Bully breed saying that his government was not consulted by ministers in London on the new ban.

Humza Yousaf emphasised how the dog control notice system worked well in Scotland and doesn’t even exist in England.

Labour are well aware that this is politically sensitive for the SNP internally – with party rebels like Christine Graham promising to vote against the XL Bully ban.

Background: Ban on XL Bullies

Reuters

First Minister Humza Yousaf has said the Scottish government will "in essence replicate" UK laws banning XL bully dogs without a licence.

The Scottish government has faced calls to fall in line with restrictions on the breed south of the border. Amid rising concerns over attacks, the UK government banned the breed in England and Wales.

The Scottish government has accepted there has been an influx of XL bullies to Scotland since the UK's new law.

Mr Yousaf said the UK government's measures were "not a ban" and were announced without consultation with the Scottish government.

As of 31 December, the UK government has banned the breeding, selling or abandonment of the dogs in England.

Scottish government must take action on XL Bullies - Sarwar

BBC

Scottish Labour leader Anas Sarwar focuses on XL bully dogs

Anas Sarwar focusses on this afternoon's announcement on a ban on XL Bully dogs.

He accuses the government of acting on headlines and not evidence and responding to media pressure.

Sarwar says he sat on a committee in the last parliament which produced a report in the 2010 Control of Dogs Act calling for a review of the law and focus on irresponsible owners and breeders.

He asks why Scotland is still awaiting a review of the legislation five years on.

Yousaf points to the global pandemic having happened since then and says the UK government did not consult before changing the law.

He says "deed not breed" remains their approach to this problem but they have to react to reports of XL Bully dogs coming over the border.

He says they have consulted and he is pleased with their plans. There will be no outright ban.

Prosecutors had been misled by the Post Office - Yousaf

Ross cites the case of postmistress Judith Smith who pleaded guilty in 2009 in Selkirk to a charge of fraud. Her conviction was finally quashed last week.

He says the Crown Office should have launched a review of prosecutions "the minute" it became of aware of problems with the Horizon IT system - but didn't.

He asks why the prosecution service continued for two more years and suggests the former lord advocate Frank Mulholland give a statement to the parliament.

The FM focuses on the UK government - saying it took an ITV drama to spur it into action.

He reminds MSPs that the current lord advocate Dorothy Bain had told them that prosecutors had been misled by the Post Office and laid out the sequence of events in her statement to parliament.

Background: The Post Office scandal in Scotland

PA Media

Lord Advocate Dorothy Bain gave a statement to MSPs on the Post Office scandal

The number of people convicted of dishonesty offences in Scotland based on evidence from the faulty Horizon IT systems is disputed but some estimate about 100 postmasters or postmistresses were affected.

Here all prosecutions were led by the Crown and Procurator Fiscal Service (COPFS) while elsewhere in the UK the Post Office pursued private prosecutions.

Lord Advocate Dorothy Bain faced MSPs on Tuesday, telling them COPFS first learned of issues with the IT system in May 2013 but it was not until October 2015 that prosecutors were told to discontinue cases which relied on evidence from the system.

Ms Bain apologised, said she was deeply concerned - but insisted that the prosecution service had been misled by the Post Office which gave assurances which "just weren't true".

Humza Yousaf has said he is willing to work with the UK government to find a way to quickly exonerate the victims.

However, Ms Bain said not every case involving Horizon would be a miscarriage of justice and that each case would have to be carefully considered, suggesting she is not keen on a blanket acquittal approach.

You can read more about what the lord advocate said to MSPs here.

We also have background articles on the scandal and how it has affected Scotland.

• How the Post Office scandal affected Scotland
• Why were hundreds of people prosecuted in the Post Office scandal?

FM says it took an television drama for UK ministers to act

Andrew Kerr

Scottish political correspondent

Douglas Ross has been keen to highlight what he sees as a different approach between the “mass exoneration” the UK Government wants and the Lord Advocate’s more selective approach.

The First Minister said it was not correct to present this is as a binary choice and that it was his preference that this is applied on a UK-wide basis

Douglas Ross questioned why the Crown Office continued with prosecutions for two more years after 2013 after they were first aware of Horizon problems .

He called for the Lord Advocate at the time, Frank Mulholland, to come before MSPs.

Mr Ross has been keen to highlight that this is a Crown Office (ie Scottish) issue – while the First Minister has repeatedly stressed that this was a problem born in Westminster and that it took an ITV drama for ministers to act.

There is still a lack of clarity on Post Office - Ross

BBC

First Minister Humza Yousaf says his preference is still for UK-wide legislation

Douglas Ross says there is still a lack of clarity on the Post office scandal.

"We have his top legal officer who sits in the Scottish cabinet saying something quite different," he says.

Ross says it is better to accept that a small number of guilty people could be cleared rather than allow the "stain of guilt" to remain on many more.

Yousaf replies that the lord advocate was speaking as an independent head of prosecution.

He said it was still his preference that there be UK-wide legislation although he accepted there were complexities that needed to be worked through.

Government statement on Post Office scandal 'confusing' - Ross

BBC

Scottish Tory leader Douglas Ross returns to questioning on the Post Office scandal

Douglas Ross returns to the Post Office scandal, pointing out that the first minister has given his backing to a "blanket" exoneration.

He says the statement to parliament by the lord advocate on Tuesday was confusing because she suggested some of the convictions might be valid and would have to be reviewed on a case to case basis.

Humza Yousaf says he has received a "positive" response from the prime minister who says he is willing to work on a "UK-wide basis for mass exoneration", an approach he favours.

Douglas Ross highlights Post Office scandal

Andrew Kerr

Scottish political correspondent

The Scottish Conservative leader is highlighting the stances adopted by the UK Government, the Scottish Government and the Crown on the Horizon scandal.

The First Minister has essentially promised to mirror what the UK Government is doing for postmasters in England and Wales.

The UK Government wants to exonerate every person who was convicted but the First Minister did say yesterday that one of the complexities to work through was to make sure sound convictions were not "over-turned".

On Tuesday, the Lord Advocate apologised to those wrongfully convicted - but said that not every case involving Horizon will be a "miscarriage of justice".

The Crown is keen to emphasise the integrity of the system - emphasising "trusted institutions".

The UK Government is aware that some guilty people may slip through the net - aware of what the Post Office Minister called "unjust acquittals" - but for expediency favour the blanket exoneration.