Edinburgh Futures and Chrystal Macmillan buildings: FOI release

Information requested

1. To request who is overall responsible for ensuring that the site (Edinburgh Futures and Crystal Macmillan building) is not containing evidence of vandalism.

2. To request how many reported incidents of graffiti vandalism have been addressed by Local Authority (asked separate with regards to transparency in Public Service organisations and environmental standards).

3. If the Scottish Government considers low level graffiti vandalism issues any less than 'any' graffiti vandalism.

4. Details of dates of any Scottish Government legislation issued since 2021 appointment of Interim Director on tracking and tackling graffiti vandalised communities in line with the remit of the Ministers (Safer Communities Directorate).

5. To request total additional cost of foundation working with regards to prevention of building collapse.

6. To request what extra financial impact and time this had for Balfour Beatty contractors and when the Scottish Government and Edinburgh University were notified of such (Edinburgh University will be asked to respond separate).

7. To request which materials were used to strengthen the foundations – (Only respond if the Scottish Government were consulted given the recent concerns with regards to other delayed building standards enquiries escalated to review bodies).

8. Which company supplied the material, manpower and the dates and cost the particular Foundation works were undertaken – (Only respond if the Scottish Government was consulted on tender processes to ensure cost implications were minimised but safety not compromised).

9. To ask if the United Kingdom Government were involved in discussions surrounding the foundations.

10. Dates of all discussions with all involved in this open to all initiative which was "old Royal Infirmary site".

Response

The answers to your questions are as follows:

Question 1
Local authorities are responsible for removing graffiti from council premises and there is no statutory requirement for the owner of private land to remove graffiti. The Antisocial Behaviour etc. (Scotland) Act 2004 (the 2004 Act), empowers local authorities to serve a ‘graffiti removal notice’ on a person responsible for a relevant surface in that local authority’s area where that surface has been defaced by graffiti and that graffiti is either offensive or detrimental to the amenity of the locality requiring them to remove the graffiti within a specified time of at least 28 days.The legislation also allows that where a person fails to comply with a graffiti removal notice, the local authority may remove the graffiti from the property themselves, may enter any land reasonably necessary for that purpose and may recover any costs incurred in doing so from the person on whom the graffiti removal notice was served.

While the 2004 Act does not empower local authorities to issue graffiti removal notices to the owners of private housing, business premises or other surfaces not covered by the 2004 Act (in other words, local authorities cannot issue such a notice unless the graffiti is offensive or detrimental to the amenity of the locality), there is nothing to stop local authorities from removing such graffiti providing they have the permission of the owner to do so. However, the extent to which they do so, and whether they charge for such a service, is a matter for individual local authorities.

Question 2
The Scottish Government does not have the information you have asked for because the Scottish Government does not collate or hold this information. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. However, you may wish to consider contacting the relevant local authorities who may be able to help you. You may wish to be aware that Police Scotland publish information on police recorded incidents in their management information, including vandalism and by council area. The management information reports can be found here:
https://www.scotland.police.uk/about-us/what-we-do/how-we-areperforming/?msclkid=a711ae38bb0911ecb903853dd626dd19

Question 3
The Scottish Government is committed to ensuring that police and local authorities continue to have the powers and resources available to them, to take appropriate and proportionate action against individuals involved in antisocial behaviour, including all types of vandalism, including all graffiti vandalism. We continue to support the work of local authorities, Police Scotland and others to reduce the damage caused by antisocial behaviour – tackling the ‘symptoms’ and investing in prevention. Under the vandalism provisions contained in the Criminal Law (Consolidation) (Scotland) Act 1995, any person who, without reasonable excuse, wilfully or recklessly destroys or damages any property belonging to another shall be guilty of the offence of vandalism and liable for a fine up to £1,000. The Antisocial Behaviour etc. (Scotland) Act 2004 also enables the police to issue on-the-spot fixed penalties (£40) to people suspected of low-level statutory vandalism offences.

Question 4
The Criminal Law (Consolidation) (Scotland) Act 1995 Provisions and the Antisocial Behaviour etc. (Scotland) Act 2004 have provisions in them relating to vandalism. There has been no new legislation in Scotland since 2021 that relates to vandalism nor to “tracking and tackling graffiti vandalised communities”.

Questions 5 – 10
The Scottish Government does not have the information you have asked for in Questions 5-10 because the Scottish Government is not responsible for this development. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.