Y First item of business this afternoon is the point of order, Christine Grahame. Deputy Presiding Officer, events over the last week have been unprecedented. UK Government's decision to invoke a section 35 order in response to this Parliament overwhelmingly passing the gender recognition reform bill in December raises serious questions about devolution, which I believe should be a huge concern to every member serving the Scottish people in this institution. Furthermore, the consensus matter has been further amplified in recent days, given the UK Government, namely Alistair Jack and Kimi Bairinoch, refusing three invitations to appear before Scottish Parliament committees to explain the extraordinary use of a section 35 order to block a bill defined within the clear powers and responsibilities of this Parliament. In light of that, under rule 12.4 of standing orders, referencing section 23 of the Scotland Act 1998, I would like to ask you, Presiding Officer, what can be done to ensure that the UK Government respects this Parliament, the devolved powers of it and the legislation that you pass so that Parliament holds the UK Government accountable for blocking the passing of devolved law, as I have said, overwhelmingly supported across parties in the chamber? Thank you, Ms Graham, for an advanced notice of the point of order. I would observe that, in the first instance, I know that the letters have been sent out by the committees and I have noted the responses. In the first instance, it is a matter for the committees themselves to decide how they wish to proceed in eliciting the information that they are looking for. I do not think that there is an awful lot more I can add at this stage. We now need to progress with portfolio questions. The first portfolio this afternoon is rural affairs and islands. I would invite any members wishing to ask a supplementary to press the request to speak buttons during the relevant questions. As ever, there is quite a bit of interest, so the usual plea for brief questions and brief responses wherever possible. I will try to police that as lightly as is necessary. Question 1, Fiona Hyslop. To ask the Scottish Government regarding any impact on Scottish agriculture, what its most recent assessment is of the UK-New Zealand free trade agreement? The UK Government's own economic modelling for the New Zealand deal shows that agriculture and semi-processing sectors will be losing sectors. The former UK Government's Secretary of State for Environment, Food and Rural Affairs shares our view that this and the Australia deals are not very good deals for the UK. Scottish farmers have also been very clear that this trade deal, which provides New Zealand exporters unfettered access to the UK market, despite operating to lower cost and regulatory standards, will undercut domestic agri-food producers and put jobs and the rural economy at risk. The outcome is also in stark contrast to the recently negotiated EU New Zealand trade deal, which better protects their agri-food sector, reinforcing that the best place for Scotland is within the EU. Can I perhaps preface my next question by paying tribute to Scotland's most famous farmer and poet Robert Burns on this 25 January, his birthday? Is the cabinet secretary aware that Conservatives Lord Hannon of Kingslayer and UK Government Minister for International Trade, Lord Johnson of Lanson, both stated during a House of Lords debate that New Zealand lamb was better for the environment than a home-produced lamb? Does she agree that this is not only wrong and an insult to Scotland's farmers who work extremely hard to provide a product of internationally renowned quality and just demonstrates the continuing failure of the Conservative Party to defend and safeguard the interests of Scottish farmers? The member is absolutely right in what she is saying because we know that there have been a catalogue of failures to protect the interests of Scottish farmers. Whether that is from Brexit, we have also seen the abject failure of the UK Government to secure trade deals that actually protect our agri-food sector too. Trade deals, as I said in my initial response, that the former UK Secretary of State, who was in post during the negotiation of those agreements, has now also criticised now that he is no longer in that post. I also couldn't disagree more with the comments that were made during that Lord's debate. Scotch lamb is produced to some of the highest standards anywhere in the world, but even looking beyond the quality itself, when we look to the wider production and supply chain, it supports jobs right throughout our rural communities and economy. By eating Scotch lamb, we are supporting our local producers, rather than consuming a product that has been shipped halfway around the world with the obvious climate impact that that has. To ask the Scottish Government what consideration it has given to how the blue economy vision for Scotland can support developing industries within the blue economy in the drive to net zero. The blue economy vision represents a long-term strategy that serves as an overall framework for marine policies and actions. We have committed to mainstreaming a blue economy approach so that policies and decision makers have that clear alignment with that vision. So, for example, the blue economy vision is at the heart of the marine fund Scotland through which we are providing £14 million annually in grant funding to a range of sectors who support Scotland's net zero commitments. That protects and creates jobs in Scotland's coastal communities and it supports those local supply chains and industries to adapt, as well as to look to invest for the future. The value of natural capital is referenced across many of the Scottish Government's policies and strategies, including the blue economy vision and Scotland's blue economy approach paper. However, if we have to deliver a good policy that benefits Scotland's natural capital, we must have a complete understanding of what we have. Currently, there is a significant knowledge gap as NatureScot's natural capital asset index does not include marine habitats, citing a lack of available data as a reason for the exclusion. Given how vital good data is to good policy, can the minister explain how the Scottish Government proposes to improve the quality and quantity of their data gathering? I think that this is something that we are always looking to see where we can improve and what other information we can gather. Obviously, when we are taking decisions, we want to base that on the best available science and data that we have. Unfortunately, when it comes to the marine environment, the area is vast, and even with all the resources in our hand, it would be nigh on impossible to be able to map out all the assets that we would want to do, as well as to gather all the science and data that we have. That is why we have also set out a number of policies as to how best we adapt to that, how we develop policy in the absence of science and available data, as well as setting out how we intend to work to improve that where we possibly can. An important element of that is looking towards collaboration. How can we work with our stakeholders, industry and academic institutions, to try to build that science and evidence base? The Blue Economy paper states that it will consult on applying a cap to fishing activity in inshore waters that will limit activity to current levels and set a ceiling from which activities that disrupt the seabed can be reduced in the light of evidence that becomes available. Why are we only using evidence to reduce activity? Why are we not following wherever the evidence takes us, even if that means an increase in inshore fisheries activity? That follows on from Brian Whittle's point, and I think that the point that the member makes is an important one about gathering that data and gathering that evidence. I am not going to prejudge the outcome of any consultation that will be setting out, because, of course, we will be looking to set out more information and have more engagement on those policies in due course, but I would be happy to discuss that further with the member as we look to launch that consultation and as that policy continues to develop. Question 3 is from Sandra Skulhani, who joins us remotely. To ask the Scottish Government whether it will provide an update on avian flu, including any measures that are taking to tackle its spread. Since the start of October 2022, there have been 18 confirmed cases of highly pathogenic avian influenza H5N1 in poultry in captive birds and 81 findings in wild birds in Scotland. The Scottish Government responded to the risk of avian influenza from wild birds through the introduction of an avian influenza prevention zone in October 2022, requiring all birdkeepers to follow strict biosecurity measures and continues to remind keepers of those obligations. Scottish Government and its operational partners have a robust control strategy in place and a proven track record in dealing effectively and rapidly with controlling outbreaks. Sandra Skulhani, I think that we may have lost Dr Gulhani's connection. Thank you. This is an understanding boring time for poultry farmers and all those keeping birds. Scotland continues to be guided by the science, so can I ask the cabinet secretary to reiterate what the CVO has previously said on biosecurity? As a given, the key role has to play, this cannot be repeated enough. I thank the member for raising that point because he is absolutely right. I think that getting those measures out, that message out about biosecurity, we really cannot stress enough just how important those measures are. The scientific opinion that we have from EFSA concludes that housing birds give a twofold reduction in risk, but that is only effective if there are other good biosecurity measures in place. We know that, through adopting that high biosecurity, that gives a predicted 44-fold reduction in cases. Housing of birds that are normally kept in a free range way also has consequences for the welfare of birds, which we also cannot forget about. We also have to remember that, even if birds are housed, that is not a panacea against the disease and the spread of the disease. I invite all members of the chamber to support the chief veterinary officer in sharing those vital biosecurity measures to their constituents. We appear still not to have a connection with Dr Goulhanisaw, a brief supplementary Beatrice Wishart. The spread of avian flu has had a dramatic impact on seabird populations, and Shetland is no exception. Moose and Nature reserve is famous for its population of breeding European storm petrals. The island was closed to the public last August to help to prevent the spread of avian flu. NatureScot was to carry out a risk assessment review and report back in March 2023. Can the cabinet secretary provide an update on progress with that review? Firstly, it is devastating to see the impact that avian influenza has had on our wild bird populations. The member is right in what she is saying about the work that is being undertaken by NatureScot, but I would be happy to write to her and provide more of an update as to where that work is at the moment. To ask the Scottish Government when it last engaged with the UK Government regarding the reported impact on farmers in Scotland, whose livestock may be exposed to animal diseases as a result of delays to the introduction of post-Brexit border controls for checking meat and other products entering the country. The Scottish Government shares the member's concerns and takes disease prevention and control very seriously. As the UK Government continues to develop its new border controls target operating model, we constantly emphasise that those controls must be based on veterinary and plant health expertise. We regret that we were not consulted when the UK Government took the unilateral decision to postpone the previously planned introduction of import controls last year. We continue to bring in safeguarding measures whenever appropriate to maintain our high bi-security standards. In Scotland's chief veterinary officer is an active participant in the UK-wide animal disease policy group. I will, of course, be stressing this point when I meet the UK minister of state, Lord Benion, on 30 January. Thank you, Minister for that answer. In the view of the NFUS, and I quote, amongst all the chaos of securing a Brexit deal, the mechanics of how border controls would operate were somehow lost, a reference to the UK Government kicking the can down the road last April.  Does the cabinet secretary share my dismay at how the Tories and the Brexit that they forced on us have left the agricultural sector exposed in this way? I would agree with the member and the African swine fever in particular that he mentions is a concern and a very real threat. Not only that, right now, we have a situation where our producers and businesses in Scotland have that unlevel playing field. We see importers with the freedom to bring their goods to the UK, but our exporters have had the barriers of checks since day one. Not only is this a competitive disadvantage that we know has impacted and is continuing to impact businesses here, but it does pose that very real risk when it comes to our biosecurity. I raised that with the UK Government in a letter to Lord Frost way back in September 2021, where I stated that the difficulties that have led to this decision are due entirely to the UK Government's reckless approach to exit from the European Union, which is being shown repeatedly to have been done without that responsible planning or co-ordination. The results of that are clear. We have the inconsistency in constant change and delay, incurring unnecessary costs, resource difficulties and delays across the economy and across our communities. To ask the Scottish Government what it will be doing in the coming year to help farmers to mitigate any impact of rising costs in the sector. The Scottish Government has committed to measures worth almost £3 billion this year as a whole to help with the cost crisis. Farmers and crofters will benefit from some of the general measures that we have set out, both as individuals and as a sector. In relation to the sector in particular, we announced in June last year that farm payment dates would be bought forward to as early in the year as was practically possible in order to try and provide that support to businesses with immediate cash flow, which we know was a challenge. We have delivered on this commitment, with more than 17,250 businesses having already benefited from the change, with around £430.5 million paid out to date. I thank the cabinet secretary for that answer. We are in the midst of a cost of living crisis, which in turn is a cost of business crisis, which is a cost of farming crisis. The rising costs of fertiliser and fuel are well documented, but just in the last week it was announced that soy prices—soy being a major constituent of animal feed—have risen to £100 per ton. In addition, we have issues such as new and second-hand tractor prices, which are increasing by around 30 to 40 per cent. I am surprised to find myself raising tractor prices in Parliament. Can I ask the Scottish Government what steps it is taking to monitor those costs and what contingencies it is looking at so that it can step in to prevent farmers from going under from unforeseen rises in the agricultural sector? First of all, we absolutely would not want to see that happen. We have a number of ways in which we monitor this on-going situation, so the member will no doubt be aware that I established a food security and supply task force last year. It was a short-life task force and produced a number of recommendations towards the end of June last year. We agreed to have another further two meetings just to continue in that monitoring capacity to also ensure that we were delivering on those recommendations. We had one meeting towards the end of last year, and we are looking to set up that second meeting shortly, where no doubt we will be going to discuss some of the key issues that the sector is facing at the moment. There is also a monitoring group at UK level 2. We had the interministerial group with the UK Government and the other devolved administrations just at the start of this week, where we were looking at the outcome of that and discussed the importance of collecting and sharing that data between the different administrations. I want to share the member and share those across the chamber that we are continuing to monitor this and to see what support we can provide where that is necessary. Of course, I would again highlight that not all of this falls within the remit of the Scottish Government, but where we can help, we are always striving to do that. There was someone who could have made a really big difference to farmers in terms of mitigating costs, and that was the Chancellor. Instead, the UK Government decided that farming businesses should be classified as non-high-energy businesses. Does the cabinet secretary agree with me that the toys have shown us all what they think of our farmers and have food security by this decision? Just to say that I am, of course, aware that energy costs are a serious issue, and I know that it is causing a great deal of concern right across the sector. Of course, energy pricing itself is reserved, and we have repeatedly called on the UK Government to clarify how businesses, especially SMEs such as our farmers and crofters, are going to be supported through the energy crisis from April, after the energy build relief scheme ends. Unfortunately, we are still waiting on those answers. In addition to the increasing costs on farmers associated with the cost of living crisis in Brexit, farmers also experience attacks on their livestock by out-of-control dogs, which has a financial and emotional impact. Will the cabinet secretary join me in encouraging all dog owners to ensure that they are following the Scottish outdoor access code? Will she agree to meet me to discuss how we can further publicise the Dogs Protection of Livestock Amendment Scotland act, which I took forward in the last session? I just want to thank the member for highlighting the legislation that she brought through the Parliament in the last session, because it is really important. We now have penalties that reflect the seriousness of sheep-waring, because we know that this is a significant issue in rural areas. I would be happy to meet the member to discuss this further and to see what more we can do collectively to build that awareness. To ask the Scottish Government what steps it is taking to curb the recently reported outbreak of squirrelpox. We have had outbreaks of squirrelpox, a virus that affects mainly red squirrels in various parts of Scotland since 2005. I am aware of the local outbreak reported near Lockerbie and through the Saving Scotland's Red Squirrels partnership. Action is being taken to tackle the spread of the virus. That includes targeted grey squirrel control, encouraging the public to report sightings of infected animals and asking them to remove and clean feeders to minimise transmission. Where we have had outbreaks in the past, targeted grey squirrel control has ensured that local red squirrel populations have successfully recovered. Michael Marra, I thank the minister for that response. She will know well the importance of ensuring the diversity of species across the country and across our natural world. My home city of Dundee and neighbouring Angus have a long history in trying to preserve a red squirrel population. I would appreciate any reassurance that the minister can give that she will continue to monitor the situation and report back on any further outbreaks. I thank the member very much for the question and have really encouraged local enthusiasm for red squirrels and for biodiversity in general. Fortunately, the virus has currently only been reported in the south of Scotland, which is one of the Saving Scotland's Red Squirrels partnership's key priority areas. So far, there have not been any case of squirrelpox detected in red squirrels on the Highland line or elsewhere. To make sure that that remains the case, the teams are engaged in strategic squirrelpox sampling of red and grey squirrels when their virus is detected in a grey squirrel in the area that teams deploy a rapid response monitoring and control protocol. The recent reporting of squirrelpox in the borders is indeed a cause for concern. The 2022 Great Scottish Squirrel Survey has shown that concerted efforts in Aberdeen have been very successful, with red squirrels returning and the grey squirrel population significantly decreasing. Will the cabinet secretary join me in commending the efforts of those who have worked to preserve the iconic Scottish species in the north-east? I thank the member both for the promotion and for raising this point. I recognise the hard work and perseverance of those who are working to support the survival of our iconic red squirrel. The dedicated work of those involved in the Saving Scotland's Red Squirrel project, particularly the grey squirrel control officers, has been vital in protecting the Highland line. That has ensured that the red squirrel population in the Highlands remains safe and free of grey squirrels and squirrelpox. I thank them for that and for protecting our native biodiversity. To ask the Scottish Government whether it will provide an update on the aquaculture regulatory framework. I welcomed the independent regulatory review of aquaculture consenting last year, announcing an immediate change to the validity period of new marine licenses for shellfish and fish farms from six to 25 years. I established and chaired the Scottish Aquaculture Council to ensure progress across all of our commitments, which includes progress of the regulatory review in addition to delivery of the actions set out in our response to the salmon interactions working group report and a new vision for sustainable aquaculture. I am pleased to inform you that members can keep up to date with developments at the Scottish Aquaculture Council on the Scottish Government's website. Recent activities include establishing a dedicated consenting task group to explore and pilot new ways of working in the consenting process. The Scottish Science Advisory Council is currently considering the use and communication of science in the fish farm consenting process and I look forward to receiving the conclusions of that project this spring. I thank the cabinet secretary for her answer and the cabinet secretary will be aware of the importance of the salmon industry to my constituency with 600 jobs based at Maui in Rhesaith. So could I ask the cabinet secretary therefore to advise as to how much more time is to elaps before the full implementation of the Greg's report and what the reason is for the near one-year delay in doing so and whether SIPA has in fact been supportive of this process or otherwise? Firstly, I would just want to recognise and the Scottish Government recognises the importance of aquaculture to the member's constituency and of course a number of constituencies right across Scotland. It is an important sector to our economy and we remain committed to the sustainable development of it and that applies not just to our farms located but also to that wider supply chain and the jobs that the sector supports including the jobs in the member's constituency. I would want to emphasise though that there hasn't been a year long delay and I would hope from my initial answer the member would recognise that a number of pieces of work have been initiated and are currently under way. We always knew the timescales that had been put forward in the Greg's review. We are going to be really challenging to meet but of course we wanted to make sure that we hit the ground running and we got started. We have made significant progress since that report was published again with the establishment of the Scottish Aquaculture Council, the consenting task force and I would just want to assure the member and of course other members across the chamber that SIPA is of course fully engaged with us on this journey and is a positive and active member of both groups and we really want to and we will continue with this momentum to ensure that we deliver a fit for purpose consenting system for aquaculture as soon as possible. Two supplementaries that would be good if they were brief and likewise the responses for us Edward Mountain. Thank you Presiding Officer and I refer members to my register of interest in a world salmon fishery. In 2018 the former rec committee published its salmon farming report. There were 65 recommendations and it's clear the industry is not improving. Fish farm mortalities increased to a high of 29,000 tonnes last year. If you were to put them all in lorries you'd have a nose to tail cue from here to Edinburgh airport and beyond of rotting fish. Mortalities are unexciting. Does the cabinet secretary agree on what she's going to do about it? I would say the action that we're taking right across the piece on the back of the Greg's review and a number of recommendations from that that we're making progress on and I would also outline that we have made significant progress since the publication of those reviews that have been done as well but I'd be happy to write to the member with more detail on that and to outline all the progress that's been made in that time. Thank you. Instead of dredging for kelp there is now growing interest in sustainable cultivation but the sector would benefit from a robust independent regulatory framework as was recommended in the aquaculture process review. So can I ask cabinet secretary what progress has been made in establishing this framework for a kelp farming industry? Yes well of course one of the first steps we said that we would do is publish our vision for aquaculture and that industry I think it is a really exciting and burgeoning industry and we obviously want to make sure that we see the sustainable development of that and that we get the regulation for that right. So what I would say that the first step will be the publication of that vision and it will take forward further work from there. Thank you cabinet secretary. That concludes portfolio questions on rural affairs and islands. I'll allow a brief pause while front bench is changed. And the next portfolio is health and social care. Again if members wish to ask a supplementary question I'd invite them to press the request and speak buttons during the relevant question. Again quite a bit of interest so I'd appreciate brief questions and as brief responses as possible from the ministerial team. Question number one is from Evelyn Tweed. Thank you Deputy Presiding Officer. To ask the Scottish Government what steps it is taking to reduce the avoidable harms associated with drugs and alcohol. Beside, we have a range of activity underway to reduce harms from drugs and alcohol. This includes a national drugs mission specifically to save and improve lives focused on early intervention and prevention whilst also improving the quality and access to treatment and this was set out in the cross-government plan published on 12 January. Furthermore our national alcohol framework sets out our national prevention aims on alcohol. This includes the evaluation of our world-leading minimum unit pricing policy and our alcohol marketing consultation currently open to responses. These activities are aimed at reducing consumption and minimising alcohol related harm. Health inequalities are a feature of alcohol specific deaths. Deaths attributed to alcohol are 5.6 times as likely in the most deprived areas of Scotland compared to the least deprived areas. What steps is the Scottish Government taking within its powers to tackle the root causes of health inequalities and the disproportionate impact of alcohol as? Ms Tweed is right to highlight the social gradient of alcohol harms. Ms Todd will continue to lead the work on minimum unit pricing and the consultation to restrict alcohol advertising and promotion. That is crucial work to changing Scotland's troubled relationship with alcohol. Much of the work that I lead in the drugs policy national mission has a direct bearing on improving the quality and access to alcohol treatment, for example expansion of residential rehabilitation, support of families, tackling stigma and trauma. However, to overcome the wider root causes of health inequalities, the Government is for example investing £4 billion in social security, including the extension of the Scottish child payment to £25 per child per week for eligible families. This financial year, an additional £3 billion to help households faced with the UK's cost to living crisis, a £1 billion of which provides services and support not available anywhere else in the UK. I'm brief supplementary's first you ever. SNP and Green Ministers approved a cut of £1 million to the alcohol and drugs budget in November, yet over 100 families in November last year were grieving the loss of a loved one because of drugs and my thoughts and condolences are with those families. The SNP have stated it's a national mission to tackle this, but you cannot say it and mean it and then cut funding. Frontline services are key to saving lives. Will the minister commit to reversing the cuts to the alcohol and drug budget to ensure that those services are fully supported to tackle this on-going crisis? The draft 23-24 budget for substance use overall is at £160 million. That is an increase from £146.5 million. That includes investment in health boards, investment in the crossover between addiction and mental health. Crucially, for the alcohol and drugs budget, which is proposed at £99 million, an increase from £85.4 million. Of course, people can look at the budget line by line, but the overall budget is increasing. Of course, the synergy between the work that I do in drugs policy and alcohol is very important. For example, the £100 million over the lifetime of this Parliament to be invested in residential rehabilitation and aftercare will benefit as many people with alcohol problems as drug problems. On Monday, Public Health Scotland published its rapid action drugs alert in response quarterly report. It confirmed tragically an increase in the number of suspected drug deaths in October and November of 2022, an increase of 20 per cent compared with the same months in the previous year. Every single one of those deaths is preventable. Can I ask what action the minister is taking in response to those figures to ensure that we are making significantly faster progress, particularly on the implementation of MAT standards? Part of the national mission was to publish more data, more information and more quickly so that services could respond on the ground. Public Health Scotland has issued an alert around a new substance called nitazine. Suspected drug deaths over the first nine months of last year have went down, but the member is correct to say that there has been an increase over October and November. It is still too early to say whether there is a direct link between nitazine and suspected drug deaths increase in October. On the information and action that has been undertaken, the alert has been issued to drug and alcohol services, emergency services, healthcare and high risk settings. It has underlined the on-going importance of naloxone in terms of effective treatment, along with good harm reduction advice. There is also a warning on counterfeit medication in and around not to take oxycodone tablets unless they are prescribed by a medical person. There is also the importance of outreach facilities, which is part of the implementation of MAT, but Public Health Scotland has been engaged directly with the areas in which there have been detections. To ask the Scottish Government what its response is to the reports that some women have been denied transvaginal ultrasounds on the basis of not yet being sexually active. As stated by the Royal College of Obstetricians and Gynaecologists, no one should ever be denied access to healthcare on the grounds of virginity. Specific guidance on transvaginal ultrasounds has been produced by the British Medical Ultrasound Society, which all NHS boards are encouraged to adopt. As set out in the guidance, if a patient has not had penetrative sex, they are still entitled to be offered the transvaginal ultrasound in the same way that cervical screening is offered to all eligible patients, regardless of whether they have had penetrative sex. Not yet being sexually active should have no bearing on clinical decision making around access to diagnostic scans. I thank the minister for that answer, and as you say, it is critical that no one is denied access to vital healthcare on the basis of not being sexually active. Although a number of reported cases of that happening in Scotland is low, one is too many. Can I ask the minister if she would commit today to ensuring that the guidance notes provided for practising and future doctors regarding transvaginal ultrasounds are clear in saying that women who are not sexually active are eligible for procedures to allow everyone to have the best opportunity to detect abnormalities? I am certainly happy to commit to that, and I am more than happy to work with the member if she wants to contact me or write to me with more details of ideas of ways that we can ensure that that message goes out loud and clear. I will take the opportunity, given its cervical cancer awareness week, to reiterate at that point that cervical screening is routinely offered to all eligible patients. That is one of many gynaecological myths that persist to the modern day. You do not need to have a cervical smear if you are not sexually active. The cervical smear is offered to all eligible patients, regardless of whether they have had penetrative sex. I thank the member for the opportunity to reaffirm that in the chamber today. To ask the Scottish Government whether it will provide an update on the number of hospice beds available in NHS Greater Glasgow and Clyde area. NHS Greater Glasgow and Clyde has a total of 38 hospice beds across the health board area. It is the responsibility of integrated joint boards to plan and commission palliative and end-of-care services and end-of-life care services in using the integrated budget under their control. It is a matter for health and social care partnerships working with NHS boards and independent hospices. Last week, I met a GP in my constituency who raised concerns over hospice beds in NHS GGC with patients being admitted to the acute hospital sector due to a lack of beds. After a discussion with one hospice, it was suggested that some of the capacity issues seemed to relate to on-going Covid restrictions. Can the minister confirm what restrictions are in place that could be affecting capacity issues and if there are plans for those to be removed? I thank the member for that follow-up question. It is fair to say that our NHS is experiencing immense pressure at the moment and that means that there has been a redoubling of our efforts across the board. There has been a power of work going on to ensure that patients can access the right care at the right time as close to home as possible. With regards to Covid-19 measures, the continued transition to national infection prevention and control IPC guidance sees a return to service user placement based on assessment of risk alongside the application of routine standard infection control precautions and transmission-based precautions, in line with the pre-pandemic IPC practices. However, some pandemic measures do remain. Those are subject to continuous review. That guidance remains in place for a large number of community-based services, including for hospices for the whole of Scotland. As part of our work in developing a new palliative and end-of-life care strategy for Scotland, we will seek to ensure that people ensure palliative care wherever and whenever it is needed. To that end, we are mapping services and support right across Scotland, delivered through hospitals, through community settings, including in people's own homes and care homes and also in hospitals. Question 4, Christine Grahame. Thank you, Presiding Officer, to ask the Scottish Government when it last spoke to NHS Lothian and NHS Borders. Both ministers and Government officials meet regularly with the leadership of all NHS boards, including NHS Lothian. Borders discuss matters of importance. It won't be a surprise at all to the member that the most recent discussions have centred around the challenging winter pressures. Ray Roberts, the chief executive of NHS Borders, was on the most recent Scottish Government resilience call, chaired by the First Minister last week at any role as chair of chief executives. I thank the cabinet secretary for his answer. The cabinet secretary will be aware that, in November last year, NHS Borders launched a single point of contact cancer hub for people who referred to the Borders General Hospital with the suspected cancer diagnosis. That was to provide support and information and to relieve some of the stress. Can I ask, therefore, that it's being phased in for everybody? It's just being phased in just now, but everybody should have access that requires it. By spring of 2023, like me, does he welcome this initiative? We'd like to comment on it. I do welcome the initiative. I think that all of us, as members across the chamber, whether we have personal experience of going through a cancer journey or know somebody who has or a constituent, perhaps we all know that one of the common points of feedback that we get is that they often feel that they are passion pillar to post. They want that single point of contact to help navigate what is a very difficult time in their lives. That is a key action. That particular initiative is one of a key actions as part of the current national cancer plan. As I say, it will remain an important part of our new cancer strategy, which is due to be published in spring. I commend the NHS Borders and the other boards who have the single point of contact cancer hub in place. We'll look to roll them out nationally, as the member says. Question 5, Jackie Baillie. To ask the Scottish Government when non-urgent elective operations will resume in NHS Greater Glasgow and Clyde. I've been clear that boards can and they should take the steps necessary to prioritise and protect critical and life-saving care. If that is deemed necessary, local health boards and healthcare professionals, local clinicians, they are of course best placed to judge what reasonable measures should be taken in each board area to manage those very severe pressures. Like other boards, NHS Greater Glasgow and Clyde have taken the decision to pause non-urgent elective procedures to ensure those with urgent healthcare needs, including cancer needs, are prioritised. The decision was not taken lightly. It's under constant review that I spoke today to senior management from NHS Greater Glasgow and Clyde, and they reassured me that this is something that I'm monitoring daily. I expect boards where there has been an impact on non-urgent elective operations that they are resumed as soon as possible. I thank the cabinet secretary for that response. In NHS Greater Glasgow and Clyde, there are something like 11,000 patients waiting over a year and nearly 2,000 waiting over two years for elective surgery, an increase of almost 50 per cent since you took office. Can the cabinet secretary perhaps offer clarification on whether urgent and day case surgery is still going ahead in Glasgow? I know of patients who have had urgent procedures cancelled at the last minute, and given that day surgery doesn't require overnight beds, can he explain what's going on? Again, it is the pausing of non-urgent elective surgery. If Jackie Baillie or any other member in this Parliament has cases that are deemed urgent and have been cancelled, then of course I'm happy to raise them with the health board. Equally, Jackie Baillie I know can raise them herself, and she will get an explanation of why those particular elective procedures were cancelled. So it is non-urgent elective care that is cancelled in terms of outpatients as well. Of course, this is a decision, again, taken locally. We spoke about this today with Greater Glasgow and Clyde. The ability to free up beds, the ability to free up staff can be very important to be able to relocate them to busy sites and busy wards such as those in Greater Glasgow and Clyde. However, I want to give an absolute assurance to Jackie Baillie and other members that I've got similar concerns not just about Greater Glasgow and Clyde, but other health boards who have made similar decisions that this will not be in place for a minute, a second, longer than it has to be. It is under daily review, and I'm happy for Jackie Baillie to pass on any individual concerns, constituency concerns that she's got to me. I'm happy to raise them with the health board. Thank you, Presiding Officer, to ask the Scottish Government whether it will provide an update on Scotland's trainee doctor workforce. Trainee doctors account for approximately 42 per cent of all doctors and hospitals, and therefore they play a major role in service delivery. I'm grateful to them for all the work that they have done, particularly throughout the course of the past few years. The number of doctors and training is up over 24 per cent under this Government, or 1,295.6 whole-time equivalents. The recruitment of trainee doctors in 2022 was the most successful to date with 1,073 post-filled. More broadly, we're continuing to implement recommendations that form part of the 48-hour maximum working week without averaging for junior doctors in Scotland expert working group report. I thank the cabinet secretary for that response. In 2011, junior doctor Lauren Connelly from East Kilbride tragically died driving home from work. Since then, her father, Brian Connelly, has been campaigning to reduce junior doctors' working hours to make them safe. I'm grateful to Humza Yousaf for meeting with us last year. Could the health secretary provide an update on the work being done to make the working hours of junior doctors safe? Does he agree with Mr Connelly and me that junior doctors should have a maximum 48-hour working week without averaging, which the First Minister committed to work towards in 2017? I thank Collette Stevenson for such an important question. Once again, I pay tribute to Mr Connelly, to Brian Connelly for continuing to campaign tirelessly to improve working conditions for the medical workforce. He has gone through the most unimaginable tragedy, but he is making sure that he is campaigning day in and day out in relation to advocating with his local MSP or directly with Government to ensure that working conditions are improved for the medical workforce. Over the last year, the Scottish Government has worked in partnership with junior doctors and in partnership with employers to restrict the consecutive days of long shifts, which are shifts that are greater than 10 hours. We have reduced those or limited those to four in any seven days for junior doctors. Progress continues to be made on implementing the broader recommendations of the expert group, including improvement to facilities, rotor design and staff governments. In respect to the specific question on a 48-hour week without averaging for junior doctors, the Government remains committed to pursuing that goal. Collette Stevenson is a longer-term issue that we are seeking to address. Achieving a 48-hour working week will be a process that requires a careful consideration to ensure that we get the right to make lasting improvements for the working conditions of our junior doctor workforce. I am grateful to the cabinet secretary for sharing those details on junior doctors in Scotland, but he will know that extensive marketing and recruitment campaigns have been carried out by Australia and New Zealand targeted at junior doctors working in Scotland's NHS exacerbated by a lack of available specialist training posts and general burnout due to high working hours. He could advise us what proactive steps the Government is taking to retain those doctors once they are completing their foundation training, and why he sees those doctors as being such an easy target. What can I say? It is, of course, right to raise this issue. First and foremost, for our trainee doctors, we are making sure that we are creating the training places necessary for them here, so we have increased those by an additional 725 places. 152 of them just agreed recently and will be recruited in 2023. What we will also seek to do is to try to make the improvements that I have outlined to collect Stevenson so that their working conditions are improved, and I think that that will help to retain them. On top of that, we will continue to discuss with junior doctors and the medical workforce more generally what we can do around pay, around pensions, to make sure that we retain them here in Scotland, as opposed to losing them elsewhere. Ask the Scottish Government what discussions it is having with NHS Shetland to address waiting times for NHS dentistry and orthodontic treatment. The Scottish Government continues to meet regularly with NHS Shetland to review all aspects of the board's service delivery. Current areas of focus for dental and orthodontic treatment include addressing waiting times in the context of the board's response to Covid-19. In addition, the board is developing an improvement plan for dental service provision, which is due to be concluded in the coming months. Beatrice Wishart. There are continuing and long-term issues for people in Shetland trying to access NHS dental services. My 16-year-old constituent is on a waiting list to join an orthodontic waiting list, and she says, and I quote, I was told that I needed a brace when I was 10, so I've been waiting for six years with a sense of insecurity. They were confirmed as a priority case and have been waiting indefinitely to start treatment. This delay in treatment could have lifelong impacts on my constituent's dental health. I am in dialogue with the minister about this specific case, but does she think that such delays in treatment are acceptable? First of all, I understand the challenging position facing NHS Shetland with respect to orthodontic treatment. In certain areas across Scotland, NHS dental access is undoubtedly challenging. In many cases, that has been exacerbated by Brexit controls, as well as the unique difficulties following the pandemic. With regard to this specific case, I can reassure the member that the board has recently taken a number of successful mitigating actions to improve the provision of specialist orthodontic services. That includes the recruitment of a new specialist orthodontic consultant who has additional capacity at weekends. Provisional assessment by the board suggests that the service is now seeing substantially increased numbers of patients compared to what was previously seen. The board is also currently in a recruitment process to replace other clinical staff, and we understand that that is looking very positive. There are other mitigating actions on the way, including additional training in particular, the prospective remote training for orthodontic therapists. With regard to the individual case that the member raises, I understand that the board adopted a new model for prioritising patients, which was communicated to patients in October 2022. All patients on the waiting list have been fully informed as a current situation. The immediate priority in terms of catch-up is for the patients who are currently under treatment, and on completion of that cohort of patients, the service will focus on those patients waiting for treatment. I understand that that is disappointing for the constituent that she mentions, and it falls below the standard of service that we would hope for, but, undoubtedly, all our dental services have been challenged by the pandemic, and I am glad to see that it is an improving situation. I must say also that the board is waiting— Minister, I have a couple of supplementaries, and I will keep taking them in. First, Amy Halcro Johnston needs to be brief. Too many dental practices across Scotland are going private or clothing than completely in next month's sky and locale. Dental practice will close its doors for good. Has the minister made any assessment of the impact that cuts to NHS dental services will have on rural dental practices? How will she expect dental practices across Scotland to provide NHS service at a loss now that crucial social funding has been withdrawn? Let me reiterate, as I have done previously in the chamber, that this Government provided an enormous amount of funding to sustain the NHS dentistry during the pandemic, a period of time during which it could not operate at all, and without that, Government funding would have gone completely under. We are now working with the dental sector to review and reform dental payments, and our intention is that there will be a more sustainable model going forward. I have to say from the Conservative member to mention the challenges that have crossed the industry without mentioning the word Brexit. I think that that is a serious omission, because, if, like me, the member were to visit any dental practice in Scotland almost and certainly many of them, what he will find is that European dentists are no longer able to come here and sustain our workforce in Scotland, as they previously did. I will take question 8, but the responses will have to be briefer. To ask the Scottish Government what its responses to the report leave no one behind from the health foundation. This is an opening report that is deeply concerning. In 2019, there was a 24-year gap in healthy life expectancy between people who are living in the most and least socioeconomically deprived 10 per cent of localities. We know that one of the driving forces and reasons for that is, of course, the impact of conservative austerity on public services. That is why we are using all our powers and resources available to us to create a fairer Scotland. I thank the cabinet secretary for that answer. Infant mortality in the most deprived areas two and a half times that in the least deprived areas. People living in the poorest households almost eight times as likely to report poor health as those living in the richest households. Life expectancy is already the lowest of the UK nations for the last 70 years, not going up but coming down even before the pandemic. Health inequalities are rooted in wealth inequalities. Wealth inequalities are rooted in class inequalities. Does the SNP Government have any plan, strategy or idea whatsoever for tackling the inequalities that are identified in this report, which, at their root, are based on the divisions of economic and social class? I say to Richard Leonard that I do not disagree with him that the public, the cost crisis that we see the Conservatives—of course, who are the architects of that cost crisis—is a public health crisis. That is why we are committing £19 billion to NHS and social care services over the next year. The Conservatives might well laugh at a cost crisis and public health crisis, but they do well to listen to the points that we make here. That is why we are providing £4 billion in social security and welfare payments over the next financial year. That is why we are extending the Scottish child payment to families with eligible under-16s and increasing it, of course, as he knows, to £25 per week per child. We will continue to make the necessary investments that are absolutely focused on those in the most deprived areas. However, I say to Richard Leonard that, as opposed to leaving the powers in the hands of the Conservatives who are the architects of the cost crisis, we will not be much better to have all the financial levers here in this Parliament. That concludes portfolio questions. Time is tight. We are going to move straight on to the next item of business.


فشرف بل اشتغالي بالعلم ولا تبغي به ما عشت يا دادا دالا وياله من شراف عظيمي الناكل الإجماع The Transmitter of the Ijmaa Iznawewe إن شرح السحر المسلم He brings رحمه الله كتاب الإمارة بابه وجوب الطاعة الأمرى He says وأما الخروج عليهم Going against the Muslim leader وقتالهم And fighting with the Muslim leader It is haram بإجماع المسلمينة By consensus of the Muslims وإن كانوا فساقاتا Even if they are Rome doers and transgressors ظالمينة Even if they are oppresses وقدت ظاهرة الأحاليثة And the Ahalith have become clear in that regard على ما ذكرت with that which I have mentioned وأجمع أهل السنة He brings another consensus again He says وأجمع أهل السنة And the Ahalith have unanimously agreed upon أنه لا ينعزل السلطان بفسقي That a leader who is a fast is not taken down أهل السنة ينعزل السلطان That a leader who is a transgressor He is a wrong doer He is a criminal He is not taken He is not what? He is not taken? He is not taken from his position لا ينعزل السلطان بالفسقي He is not taken from his position This is Ijmaa حافظ إبن حجر العسقلاني also transmitting Ijmaa He said قال إبن بطال إبن بطال He is one of the Aima وإذا شرحه صحيح البخاري حافظ محجر He says وفي الحديث حجا على تركي الخروج على السلطان He said إبن بطال In this hadith there is an evidence that you have to leave off going against a ruler ولو جارة even if he wants he exceeds his limits he oppresses he roms his people وقد أجمع الفقاها and the scholars the fuqaha the jurists they unanimously agree upon على وجب طاعات السلطان that you have to obey the leader المتغلب He came by force he powered everybody like what happened in Egypt والجهاري معه and they believed that in jihad he has to lead He has to lead his people and he is to be meinen فاقرة he has to obey and you have to obey وكتب And our leader you have to obey and other witnesses and the jurists And the fuqaha they unanimously agree على وجب and others وطاعته يجب أن يكون أغبيته خيرون فهي أفضل من الخروج عليك أجهزه لما في ذلك هذا كل أسطابي لبطالب وخذر اسمه لما في ذلك لأنه في ذلك أيضا أعني حق من دمه أعني الحق من دمه أعني حق من دمه أعني حق من دمه وإذا كانوا يستطيعوا أجهزه وإذا كانوا يستطيعوا أن ينزلوا أجهزة وماذا يقومون إذا كانوا ينزلوا أجهزة وماذا يرغبون إذا كانوا ينزلوا إذا كانوا ينزلوا أجهزة ينزلوا أجهزة فهو المشاريع وإنهم ساعدون فهو أفضل فهو المشاريع وغيرهم من ما يساعدهم ومany other narrations are support that ولم يستثنون الله وكبر The only exception that they gave in this regard من ذلك إلا إذا وقع من السلطان الكفر الصريح The only exception that they allowed for the people to go against the leader is if he comes with كليكات كفر إتها كلام يستيقم في this finish I vote two scholars who break it جمعري I'll make it a third person قال عالمام ابن باز الرحيمة الله ابن باز يساعد مجموعة الفتاة يقول وهذه الدولة ابن باز يقول هذا العالم سعودة العربية بحمد الله ومع the praise of Allah لم يصدر منها لن يحدث منها ما يجب الخروج عليها أي شيء that necessitates for the people to uprise against this government لن يأتي منها وإنما من الذي يستريح الخروج ومن الذين يتبعون الذين يتبعون يتبعون against this government على دولة بالمعاسي والذين يتبعون يتبعون against a government ومن ذلك المملكة لأنه من يفعلها خول خوارج is the khawarij الللينا يكفرون المسلمينة بذروم الذين يفعلون المسلمين خفار باستخدام سنز لذلك لدينا قوة جميع من ابن باز ما فعلت لذلك يتبعون against the leaders as سأتكلم 30 محسنة خوارج 30 إمان من السنف كل منها يوجدون محسنة لكم أي شخص يتبعون against the leaders يقول لدينا قوة جميع لدينا محسنة خوارج باستخدام 30 محسنة خوارج سأتبع أسفل يمكنك أن تستطيع أن تصميم ومحسنة شعبا وطعالا مران يتبعون معي لكي يمكنك أن تتبع أكثر من محسنة ما يمكنك شعبا وطعالا بعد إلقات الليلة دفاس محمد من حسن الشيباني ألمام أحمد من حمبل ألمام علي من المديني حافظ الكرماني سهر من عبدالله تستري أبو بقر الخلال ألمام من المذر أبو الحسن الأشعري ألمام البربهاري ألمام البغوية إبن تيمية إبن عز الحرفي إبن حجر العسقلاني إبن ملقن إبن جلين الطبري الآج الريو إبن بطال المالك إبن عبدالبر المالك الشهرستاني القرطوب إبن مفلح سديخ حسن خال عبدالله عبدالله طيف ألو شيخ عبدالرحمان يحي المعلمي عبدالرحمان إبن قاسي إبن وباز ألالبان إبن وعثيمين شخ صالحة الفوزان الشيخ عبدالله محسن العبان 30 سقولي who said going against the Muslim leader due to sins that he has done it's a خارجي concept anyone who wants to leave those 30 أئم والله I could have got more if I looked more and researched more these 30 I had their كلام خارجي so this is very serious these people who go against the leaders are what? خوارجي even if they protest against the leader protest I'm going to bring it شق الله و تعالى when we come regarding the shubu hat when we come regarding the shubu hat we will شق الله و تعالى bring the كلام of إبن وعثيمين that going against the leader doesn't mean by sword or weapon only even if you go against him by statement because the first خارجي was who? the first خارجي was who? the first خارجي who came out with the Prophet he said to the Prophet إعديل فإن كلام تعديل who was the first خارجي the head of the خارجي دوخ ويسر دوخ ويسر did not take a sword he said to the Prophet be just he went against the Prophet by statement إعديل محمد فإن كلام تعديل he is the first person who brought the mentality of protesting uprising against the leader مباشرتك the first person who said that from this Ummah who the Prophet said I will kill his lineage I will kill his lineage is who? it was who? دوخ ويسر this is where it goes back to إن شاء الله تعالى الشيخ إبن وعثيمين statement will bring it إن شاء الله تعالى also إبن وعثيمين said something regarding that we can't go against a Muslim leader because he done a sin we can't go against him however big that sin maybe as long as it doesn't reach كفر أكبر كفر which is clear cut شيخ إبن وعثيمين was asked about the Saudi government has made obligatory for people to pay fines and if the people when the fine is over due the Saudi government what it does is that it increases the fine so you'll give you a period of time if you don't pay more they charge you more شيخ إبن وعثيمين was asked is this considered ضرائب is it haram he said نعم it is كل شيء يؤخذ بلا حق anything that's taken unjustly from in the ضرائب this is considered from the what is considered from the ضرائب the tax which is haram وهو محرما here أهل السنة والجماعة distinguished two things شيخ إبن وعثيمين إمام of this time أهل السنة the leader if he does something wrong they criticize the sin they say that this sin is haram لا يدروز and they speak about that but they don't speak about the leader behind his back they do not speak about the leader behind his back they speak about the sin يا إخوة distinguish the two شيخ إبن وعثيمين was asked a question about a matter and he said it's haram then he straight away went back to the leaders issue he said وَلَكِلْ عَلَى الْمُسْلِمِ but what is upon the Muslims is أَسْسَمْ وَطْعَعَ they need to listen and they need to obey وَأَنْ يَسْسِمْ عَلِي وُلَاتِ الْأُمُورِ they need to listen to the Muslim leader وَيُطِعُهُمْ they need to obey him وَإِذَا طَلَبُ مَالَنْ if he asks from them wealth أعطاهم إياه they give their wealth to him وَلَا يَجُوزُ it is not permissible and to take that that person takes these kind of examples or these kind of issues مثل هذه الأمور وسيلة he takes it as a path and he uses these kind of sins as a way إلى القدح في ولاة الأموري to what slander the Muslim leaders وسبِّهم في المجالسي and in private gatherings you start to what even public gatherings you what you insult them you give them names وما أشبه هدالك and anything like that انتها كلام we speech finished شيخ من عثيمين رياضه صالحين ونشرح في رياضه الصالحين he said مَهما فسق ولاة الله how ever much the leader is fasq he is a wrong doer how ever much he is a criminal مَهما how ever much he is a fasq ولاة الأموري the Muslim leader لا يجوز القروج عليه it is not permissible for you to go against him I'll uprise against him لو شريب الخمر even if he drinks alcohol لو زلوا even if he commit zina and it's known that he commit zina لو ظلموا even if the leader is transgressing and he's wronging his people he's lashing their backs he's taking their money unjustly and that's لا يجوز القروج عليه it is not permissible to go against him now we ask are you more fearing of Allah than Ibn Ubaaz and these 30 أئمة so we really need to question ourselves and not the Ulama and the people of knowledge and the Asr is third the third Asal ليس كل من وقع في الكفر أصبح كافيرا not every person who falls into a kufr becomes a kafir not every person who falls into a kufr becomes a kafir يلقى يوجد عند الواقع في الكفر ما يمنع من تنفيلي because it could happen something that's preventing you from becoming a kafir you've come with a statement or a kufr a statement which is kufr or an action which is kufr but you personally may not become a kafir for it are we all together very good where did you get this few قعيدة from شيخ الاسلامي بموتينيا he said in his مجموع الفتاة with the 16th volume page 434 he said شيخ الاسلامي بموتينيا he said not every single person who does a mistake becomes a kafir and he's talking about matters which are kufr لاسي يبع في المستقل in دقيقة especially when they are matters which are very detailed and let it cut through رفيها نزاع الأمة where the arguments of the people have become what have become very high the disputes regarding it has become very high so إبريتينيا says not every mistake that occurs from a person he becomes a kafir because of it especially if this matter is a detailed matter where there's a lot of disputes regarding it he also said another more clear statement he said he said it is not permissible for anybody to make any Muslim a kafir وإن أخطأ وغلب even if he does mistake and show coming حتى تقام عليه حجة until the proof is established on this person وتبين له المحجر and the matter that's been disputed regarding has been clarified for him ومن تبت الإسلامه بيقيني anyone who is Islam has been affirmed by certainty لم يزل it is not removed ذالك عنه بشك no one is allowed to remove that without بلا يزل rather it doesn't even go إلا بعد إقامة الحجة unless the proof is established on him وإزالة الشبهة and the doubt is removed are we all together أصول الشيخ الإسلام إبريتينيا سن ولكن المخصودة هنا إبريتينيا says إبريتينيا says in another place مجموعة الفتاة with the 23rd volume page 348 he says ولكن المخصودة هنا the intent here is أن مداهب الأئمة the methodology the view of the scholars is built upon distinguishing between the dua and the thing that he did هذا التفصيل بين النوع والعيني the thing he did and the one who did it you have to distinguish between the two if we agree number one that what he did is kufr that doesn't mean I've agreed that the man who did it is a kafir so there's two things that already needed from you first of all let's agree that this thing is kufr once we do agree that this thing is kufr we then now have to move on to say what that the kufr falls on to him and this is the masala that we spoke about which is مطلق الكفر and kufr which is معين تعيين الكفر also شيخ ابن عثيمين was asked a question in his لقاء باب المفتوحة رحمة الله they asked him about these people who are not judging by the book of Allah and they're not judging by the Sunnah of the Prophet and they are judging by the French laws and the British laws they brought it into their countries are they kufr شيخ ابن عثيمين he said in لقاء باب المفتوحة the first liqa the question was question 31 ابن عثيمين he said هذا يحتاج إلى النظر this matter requires a look الله لكه ده الإمام أنا عاليم he doesn't just say كفا he doesn't say that he says هذا يحتاج إلى النظر this matter requires a look ما هو السبب الذي حمله على هذا what is it what is it that made him do this why is he judged by the French law why the British law وهل أحد نغره من من يدع العلم this somebody who claimed knowledge to see him into this وقال أن هذا لا يقالف الشرع and said to the leader that this doesn't oppose the sharia and you can do this and madam what's the reason فالحكم في هذه المسألة the ruling pertaining to this issue لا يمكن it is not possible for me to give إلا على كل قضية بعينها unless each issue is revised independently الله أكبر انتا كلام الله أكبر فائدة benefit to make taqfir on a particular individual after it has been agreed that the action the thing is qufr after it's been agreed that this action is qufr and this statement is qufr once it's been agreed to then take it and place it on the individual you would need four conditions to be present and four matters to be absent the four conditions that you would need for it to be present is number one knowledge that person has to have knowledge of this matter if he is ignorant then he is excused the second one is القصد he has to have intended this action this leader has to have intended this action or this individual has to have intended the action again I'm saying he intended the what the action I'm not saying he intended the qufr and that's two different things for example if I say for instance let's just give the hadith of the man who said الله he said to Allah أنت عبدي you are my slave وانا ربك على يوم your load did he get it wrong? أخطأ من شدة الفرح when he said that is that not a statement of qufr? is it not a statement of qufr? it is a statement of qufr but is he a kafir for saying that statement? no it's not a kafir why is he not a kafir? because he got it wrong he did not intend that statement he was very happy he was overwhelmed so he did a mistake and he did not intend that statement number 3 is إختيار he had to have the free will he had to have will it should it has to he had to have the choice to do this and if he was told to do this under duress he was subjugated into it somebody put him at gunpoint that of course it is not whatever statements of qufr he says he is not going to be held accountable for it number 4 is إن عدام التعويل السائخ there should not be a acceptable interpretation if he has an acceptable interpretation which is acceptable meaning it's understandable interpretation then he's what? he's excused if his interpretation is acceptable when I say acceptable it means that it's understandable where he's coming from of course it's not acceptable because you'll be told after that what you're saying is qufr but he won't be made a kafir why? why would he not be made a kafir? because he's got a will which is سائخ an interpretation that is understandable the fourth and final principle that we need to agree upon is الخروج على الحاكم الكافر going against a Muslim leader who is kafir so he's a sorry going against a kafir leader going against a kafir leader is not unrestricted you can't unrestrictedly go against a kafir leader we already said before you can't go against him right but it's not unrestricted it's restricted with some conditions that have to be met when those conditions are met then you are allowed to apprise against him as for a Muslim leader under no circumstances that you'll have to go against him but if he's a kafir you are allowed to go against him under conditions what are the conditions? first of all it has to be وقوعه في الكفر البواح he has to have fallen into كليكة كفر الذي عدنا من الله فيه يبرهان which we have a كليكة evidence in this regard we have a proof أمام الله تعالى the day of judgment we can say oh Allah he came with a كليكة كفر we have to have the kufr here has to be clear it can't be a matter where the scholar is disputing whether if it's kufr or not it has to be كليكة كفر number two قامة الحجة علي the proof has to be established on the leader number three القدرة على إزالته we have the ability to remove him الله أكبر he's careful but we have the ability to remove him what do we have? we have the ability he's a kafir and we've now agreed that this man has come with كليكة كفر or even he's coming out and saying I'm no longer a believer he's coming out and he's saying I'm no longer a believer what do we say? to remove him requires what? ability okay we're going to that many more details four is القدرة على تنصيب مسلم المكانه fourth one is that we are able to place a مسلم in his place so if this camp is taken out and we get rid of him we place we put in his place what? a مسلم leader we don't leave the spot empty or we don't or another kafir who's greater in kufr doesn't come there has to be a Muslim now so we have to have somebody ready but after we take him down we shouldn't say okay who's going to take the place? because what happens? everybody thinks he's the right one for it fold on corruption happens we need to have the person we're going to put in place we've already chosen him it's already agreed upon and we're going to put a believer in place number five is there should not come out from this uprising against this kafir it should not come from it مفسدت with a harm على المسلمين on the believers أعظم من مفسدتي بقائه greater than the harm of him remaining in the seat him remaining in the seat is a harm no doubt about that a kafir should not run the affairs of the believers Allah has not made a kafir a welly over the believers that is definitely a harm but trying to remove him and get rid of him should not bring about a greater harm let me bring the statement of the علامة regarding this issue الحافظ المحجر رحم الله he said about the kafir leader that we're talking about somebody we all agree he's a kafir ابنو حافظ المحجر سلق فلا تجوزو طاعدو it is not permissible to obey him فيدالكا the kafir leader is not obeyed بالتبجيب rather what is obligatory is مجهدتو the Muslims have to fight him they have to remove him لمن قد عليها you are underlined that for the one who has the ability to do so ability means you are able you have the strength you have the power you have the capability it's not like you're going to take you're going to what you're going to bring out her daggers from your house and little knives kitchen knives you can go against him when he's got what it's called the babat it's called aeroplanes and we all together it has to be ability that's the statement of Hafظ المحجر شيخو الإسلامي بلو تيمس فمن كان من المؤمنين بأرببوه فيها مصطبع any believers who are in a land where they are weak the believers are weak or they are at a time هو فيها مصطبع or they are in a time when they are very weak فليعمل بآية الصدر the Muslims should come with the verses that speak about patience وصفح and forgiveness and من يؤدي الله ورسولة for those who are having Allah's messenger we should just be patient and we should just look over look it we shouldn't go speak about it من الذين أوتوا الكتابة the disbelievers Christians or the Jews وأما أهل القوة as for the people who have strength فإنما يعملون بآية القتال those ones are going to apply the verses of fighting fighting with who أحمة الكفري the leaders of disbelief until he state and finishes رحم الله so we are either أهل القوة or we are what أهل ضعف we are either people who have strength or we have people if we are people who are weak what do we implement it's nothing we can do we take the ayat which say خذ العفوة وأمر بالعرفة وعرض عليك جاهلين ألم ترى إلى الذين قيل لهم كفوا ايديكم وأقيموا الصلاة وأاتوا الزكاة كفوا ايديكم hold your hands back pray your Salah أاتوا الزكاة to give your charity those ayat is what we take on board and we all together if we have قوة and we have strength وقات المشركين كافتن كما يقاتلونكم كافة we take those advices out and we apply them based on our ability إبنو باست says إلا يسوك لما دي آيض عبادة إبنو صامت where the Prophet said don't go against the leader إلا أنتروا كفرن بواحد عندكم من الله فيه إبراهب until you see a click of a kufr from him إبنو باست is explaining the ayat he said إلا إذا رأو المسلمون the Muslims have to see بواحد كليكة كفر who has to see it the Muslims so it's not something a group of people saw it has to be the Muslims it has to be that click it's out there in the open everyone knows it it's out there in the open بواحد كليكة كفر عندهم من الله فيه إبراهب and they have the evidence for it أمام الله تعالى in the day of jinnah فلا باست then إبنو باست said it's no problem after he's become with that click of a kufr there's no harm and يقرجوا على هذا the Sultan that they go against that leader لإزالاتي to remove him إذا كان عندهم قدرح but if they have the ability and they have the strength أما إذا لم يكن عندهم قدرح but if they don't have the ability and they don't have the strength فلا يخرجوا don't go out أو كان الخروج يسببوا شبرا أكثر or you going against him will bring out and it will produce a greater evil فليس لهم الخروج it is not permissible for them to go against him رعاية للمصالح العباد العامة observing the greater benefit والقاعدة الشرعية and the principle in the Sharia states that is consistent المجمع عليها that is unanimously agreed upon by all the علماء is لا يجوز it is not permissible إزالة الشرعي to repel and to remove a harm بما هو أشرر منه with a greater evil you're not allowed to remove a current evil with a what a greater evil بلي أجيبو or rather what is obligatory is در أشرعي repelling the evil بما يوزينه so repel this evil get rid of this evil with what something that's going to get rid of the harm that's already there أو يوخففو all it will reduce it are we all together so when we are trying to remove an evil what do we need two things brothers and sisters pay attention if there's an evil he's a kafir is this a harm yes it's a harm do we want to remove this harm yes we want to remove this harm how do we want to remove it with a means that will either fully get rid of this harm that's currently there or it's going to reduce it even if we're going to come with a harm equal to the current harm that we have it's not permissible let alone a greater harm we all together أم در أشرعي بشرعي أكثر as for repelling an evil with a greater evil فَلَا يَجُوزُ بِإِجْمَعِ المُسْلِمِنَ I can sense of the Muslims it's not permissible if they say فَإِذَا كَانَتْ هَا دِيَطْطَائِفَا if then this group and let it to lead is Allah to have the Sultan then if this group who wants to remove this leader because it's a kafir and let it do كُفْرًا بَوَحَمْ they want to remove this leader who has come with a kufr عندهم قُلْد but they have the strength to zeal who buy to remove him بِحَا وَتَبَعْ إِمَامًا صَالِحًا and they are able to place a righteous leader in the place إِمَامًا صَالِحًا طيبًا من دوني without أن يترتب على هداف أسادهم كبير without any greater harm coming from this on the Muslims على المسلمين وشرعون أعدم and a greater evil is not going to come to the believers from this من شرعي هادس سلطاني then the evil of this leader فلا بأس then there's no harm in doing so and removing him أما إذا كان الكروج يترتب عليه but if going against this leader is going to produce and it's going to bring about greater evil or it's going to dismiss and it's going to get rid of safety of the land وظلمون ناس and the oppression of the people is going to happen people are going to start oppressing each other the criminals, the pedophiles and the wrongdoers are going to come out واختيال ملا يستحقوا الاختيال and the people are going to be assassinated because the people are going to start taking their guns إلا غيري هادا other than that of the corruptions that are happening من الفساد العظيم فهذا لا يجوز then it's not permissible to go against him شيخ من عثيمين رحمة الله going against the little Catholic leader he's Catholic he said and it's the final quote that we're going to bring he said إن كنا قادرين إبن عثيمين says if we are able على إزالاته to remove him فحينا إذن أخر if we're able to remove him then we will go against him the Catholic leader وإذا كنا غير كنا قادرين but if we're not able to go against that Catholic leader فننخرجه then we won't go against him لأن جميع الواجبات because all of the acts in the Sharia which are made obligatory on us مشروطة بالقدرة والاستطاع it is stipulated with what condition it's condition that you have to have the ability to do so صلاة you're told to pray standing up if you're unable to stand up and pray what are you told to do sit down it's condition you are told to do it in accordance to your what ability so going against the leader is one of those obligatory acts it's all in accordance to our ability ثم إذا خرجنا if we go فقد يترتب على خروجنا نفسه if we go against him they might come from it a problem and a harm أكبر a greater وأعظم bigger than if he was to remain this man على ما هو in the way he is لأننا خرجنا ثم ظهرت العزة له لأن when we go against him on strength and power might come for him سرنة أديلة أكثر and then we become weaker وتمادة في تغيالي وكفري أكثر and then he becomes more تيرانكون he becomes more of a تيرانكون leader خاده it's stubborn doesn't want to listen and he steps more and goes more into his transgression and his wrongdoing and his kufr فهذه المساء الله but I want this last part to be understood properly these matters تحتاجوا it requires إلا تعقل people to use their brains وأن يقتلن الشمع بالعقل and that the الشريعة is also connected and it's brought with the أقل وأن تبعود العطفة and we get far from emotions let's get away from these videos that people watching new truth and then they become so emotional that وأن تبعود that the person who distanced himself from emotions فهذه أمورة regarding these issues فنحن محتاجون للعطفة he says we do need emotions to feel the pain of our Muslims ومحتاجون للعقل but we are also in need of our intellects and we are also in need of the شريعة حتى until لأن ننساق وراء العطفة so our emotions do not work it doesn't take so much that we lose our minds and we stop implementing the شريعة and then that emotions that we are living on will lead us to what it will lead us to destruction and that's exactly what you see our brothers look what's happening and they put videos on for the people and another video and then another video and then the person he's left what he's left looking at the Qur'an and the Sunnah that's a مقدمة إن شاء الله مقدمة عن أصول that we need to agree upon and then إن شاء الله و تعالى we will be إذن الله الكريم tomorrow we will go through شبحة after the other one after the other any mistake or shock coming that occurred for me while I was speaking it's from me الشيطان that Allah has messaged our free from it سبحانك اللهم بحمدك أشهد أن لا إله إلا الله أستغفرك و أتوب إلي