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Gaelic Language (PE437)<br />“A Fresh Start for Gaelic” (PE540)
The first two current petitions are PE437, on the subject of the creation of a Gaelic language act, and PE540, on the date considered for the implementation of recommendations from "A Fresh Start for Gaelic".
I find this all very strange. I understand that the manifestos of the Liberals and of the Labour party contained firm promises that Gaelic would have secure status. Time has passed since the manifestos were published. To say that no parliamentary time is available is strange. If a Parliament wants to find time, time can be found.
When we discussed the matter previously, the petitioners said that they wanted something more substantial than Mike Russell's bill.
They wanted more than that.
We agreed not that the Executive should publish a bill, but that it should start a consultation, the results of which would be available when the Gaelic board was up and running. That would cut out some legwork for the board, so that it could introduce a bill earlier. I understand what the Executive says about parliamentary time—we do not have time to deal with a bill before the end of the session. If the consultation was under way and the board was working on that, a bill could be available quite soon in the new session.
As everybody knows, since the Parliament was established in Edinburgh, the action that it was likely to take to support Gaelic has been the subject of long and heated debate. At the outset, the expectation that Gaelic would have secure status was stronger. It is unfortunate that that has not happened yet.
Do we agree that we will ask the Minister for Tourism, Culture and Sport to inform us of his views on Mike Russell's bill, which will be published next week, and to indicate what attitude the Executive will take towards the bill? In our letter we will clarify that we are calling on the minister not to publish a draft bill now, but to begin the consultation that will lead to the publication of a draft bill later.
The minister has agreed that, once he has seen the contents of Mike Russell's bill, he will report back to us. He may be sufficiently encouraged by the contents of the bill to advance it himself.
The key point is that we should receive the minister's response to Mike Russell's bill.
That would be nice.
Do we agree to proceed in the way in which I have described?
Stranraer (Protection of Jobs) (PE451)
The next petition for consideration is PE451, from Mr Malcolm Fleming, on the survival of the Loch Ryan ports. We have considered the petition before. At a previous meeting, we agreed to seek an update from the Executive on the progress that has been made through the various initiatives that it is taking on this issue.
I have a query.
I thought that you might.
The Executive refers to the expenditure that it has allocated to the A77 and the A75. However, the plan to upgrade the north end of the A77 hardly affects the overall requirements of the Loch Ryan ports and Stranraer.
I appreciate that the Maybole bypass is an important issue, but it is not specifically part of the petition. I acknowledge that the bypass and the general investment issue are subsumed in the petition.
The bypass is part of the general travel situation that affects access to Cairnryan and Stranraer. The A75 is a bad road. When one heads eastwards from Stranraer, the heavy lorries make the journey a nightmare at times, although there has been improvement.
Another petition might be a better way of focusing specifically on the Maybole situation, because the Executive has given a substantial response to PE451.
Perhaps Phil Gallie's point could be set in the Scottish context, because Maybole is a fairly typical example of a Scottish village that is under threat. It was built originally in the stagecoach era and was renewed by the Victorians. For far too long, we have been overdependent on the Victorians. There is no doubt that our buildings are being shaken up—the Royal Mile is an example of that. Would it be possible to set the Maybole situation in the Scottish village context?
A possible compromise has been suggested to me. If we agree to conclude the petition, we could do so on the basis that we write back to the Executive to ask it to respond to Phil Gallie on the issues surrounding the Maybole bypass. That will keep the issue alive.
Okay.
During my time in Europe, money was available—post-chunnel—to all member states that asked for it for any links across oceans between one state and another. It is a pity that we did not ask for any money for the north of England or Scotland.
Why did not we ask for any?
The money was not asked for because it would have had to be matched.
Do members agree with my suggestion that we conclude consideration of the petition and write back to the Executive to ask it to correspond with Phil Gallie about the Maybole bypass?
Autistic Spectrum Disorder (PE452)
Petition PE452, which was submitted by Mr James Mackie, called on the Parliament to investigate a range of issues relating to methods of diagnosis and treatment of adults with autistic spectrum disorders in psychiatric wards in Scotland. The Executive has given a detailed response, which is contained in members' papers. It appears that the Executive and local authorities are undertaking a great deal of work with a view to improving the diagnosis and treatment of people with autistic spectrum disorders.
Domestic Abuse (Advertising Strategy) (PE496)
Petition PE496, from Mr George McAulay, called on the Parliament to investigate the Scottish Executive's handling of its recent domestic abuse advertising strategy. When the committee discussed the matter some time ago, a number of members expressed concern that, in spite of the small-scale distribution, the original videos, which contained the phrase "constant threat", might still be in use in schools, even though it had been accepted that that wording was unacceptable. We agreed to urge the Executive to consider withdrawing the original campaign videos.
Bankruptcy Procedures<br />(PE501 and PE511)
Petition PE501 is from James Duff and calls for changes to the current bankruptcy procedures to ensure that judges and sheriffs are unable to allow litigation to proceed when they are aware that the relevant statutory provisions are not being complied with. Petition PE511 is also from James Duff and calls for a review of bankruptcy statute.
I would like to query a couple of points in the minister's response. He says that it is possible for the bankrupt to appeal but I would like to know whether someone whose business went bankrupt would be granted legal aid if they wanted to appeal? If not, there is an element of unfairness.
On the first point, the problem with the appeal is that it has to be done within a certain time scale, which Mr Duff was not within. The question of legal aid does not arise in his case as he would be time-barred anyway.
I thought that we were talking generally as we were not allowed to talk specifically about Mr Duff's case.
That would be a matter for the Scottish Legal Aid Board, to which applications could be made.
Bankruptcy is not one of the exceptions to legal aid, such as libel and defamation.
Legal aid would be available, depending on the person's circumstances.
Would the application be considered as a personal application rather than as a business matter?
It would depend on whether the Legal Aid Board thought that there was probable cause.
Phil Gallie's point about the legal technicalities is a matter for the courts to decide. Sometimes, technicalities involve matters of fairness and justice. An unfair procedure could have been used and so on. However, the courts or ministers would decide on that.
PE511, also from Mr Duff, calls for a review of the current bankruptcy statute. In her response, the depute accountant in bankruptcy makes it clear that there is no provision under the 1913 act for the accountant in bankruptcy—or AIB—to conduct an investigation into the conduct of trustees and commissioners following the discharge of a trustee. The depute accountant in bankruptcy goes on to confirm that direct administration of sequestration cases was afforded to the AIB only through the Bankruptcy (Scotland) Act 1985, as amended in 1993.
When we send that copy of the depute accountant in bankruptcy's response, could we underline the fact that the Executive is undertaking consultation? We could suggest to Mr Duff that an option lies there.
He has lodged a further petition, which we will consider at our next meeting. We have not heard the last of Mr Duff.
What would we do without him?
Planning Process (PE508)
The next petition is PE508, from Mr Philip Graves. It calls on the Scottish Parliament to take the necessary steps to review the implementation of environmental impact assessment—EIA—guidelines and the guidelines in planning advice note 58. The petition relates to a planning application made by West of Scotland Water to develop a £100 million water treatment works at Loch Katrine. The petitioners claim that the process of evaluating all potential sites, as required under EIA regulations, was not soundly conducted. We agreed to seek the views of the Scottish Executive and Scottish Water, and their responses are set out in the papers.
I have fairly strong views about this whole issue. Environmental impact assessments, and indeed health impact assessments, ought to come under the remit of an independent body, rather than being undertaken by consultants who are appointed by developers. There is a wider issue here, which applies all over Scotland. As we all know, people tend to employ the consultant who gives them the answer that they want. I have been involved at local authority level and know that that is what happens.
Helen Eadie obviously takes a more robust view of consultants than the Executive does. The Executive response states that it expects any consultants, whether employed by the developers or the planning authority, to act impartially and honestly. Let me put it this way: that is very trusting of the Executive.
Too trusting, in my view.
Does Helen Eadie suggest that we should create another quango? That is a fairly dangerous thing to do at a time when we are meant to be having a bonfire. The suggestion is that the developers should pay for that, but would that not require new legislation?
I absolutely agree that we do not want to go down the route of continually creating non-departmental public bodies or quangos. I sign up to the notion that we should remove executive agencies and have much more direct control. There is no question about that, but the way things stand at the moment does not make sense either. It is not good for the Scottish public that the environmental impact assessments are produced by consultants who are employed by the developers. I agree with the general principle that Winnie Ewing has put forward, but we need a different set-up from the one that we have at the moment. I am willing to work with others to determine how we achieve that wider objective of ensuring that the public interest is served.
I share Helen Eadie's concerns. She will correct me if I misquote her, but she stated earlier that SEPA was "not allowed" to see the health impact assessment in advance. Do the rules say that or is that just what SEPA says?
I had a meeting with SEPA at the highest level, where it was stated categorically that SEPA is not allowed to see the health impact assessments prior to planning approval being given by the planning committee. That is a matter of deep concern. In my view, if SEPA is required to monitor, control and regulate the set-up after things have been agreed by planners, SEPA should—given its experience, knowledge and understanding—have some input from the very start of the process, prior to planning approval being given.
The point that I am trying to make is that many of us—some of us anyway—have found that SEPA is not proactive and does not interpret its role as widely as some of us believe that it was meant to be interpreted.
SEPA has discussed the issue with me because, at the highest level, it wants to be proactive—
I have never seen any indication of that. I know that Helen Eadie has put a lot of work into this, but I just query whether it is written down somewhere that SEPA is not allowed to see the health impact assessment. I have heard many odd stories from SEPA people over the past four years.
We clearly have a disagreement. The Executive believes that the process for consulting local opinion is adequate as it stands, whereas the petitioner does not believe that to be the case. The petitioner is concerned that developers pick the site and then appoint their own consultants, whereas he would much rather that local authorities appointed independent consultants to consider planning applications. I do not think that the committee will resolve the matter; therefore, I suggest that we pass the petition to the Transport and the Environment Committee, for its consideration. Is that agreed?
Strategic Planning (Fife) (PE524)
The next petition is from Iain Smith MSP and calls on the Executive to reconsider its proposal in the "Review of Strategic Planning" to replace Fife as a single planning area. We asked for the views of the Executive and its response is set out in detail. Members will be aware that those who are opposed to the city region-based strategic planning proposals that affect Fife have already had their views taken into account and addressed as part of the Executive's review of strategic planning. A full chapter of the Executive's response to the consultation exercise was devoted to those concerns. The Executive concludes that two-tier development plans would be required only for the four major city regions. In a recent meeting with the petitioner, the Deputy Minister for Social Justice made clear that that position has not changed.
Scottish Public Services Ombudsman Act 2002 (PE525)
Petition PE525, from Yogi Dutta, on the amendments to the Scottish Public Services Ombudsman Act 2002, calls on the Parliament to incorporate a range of measures to deal with grievances against Scottish local authorities. The petition was prompted by the petitioner's experiences regarding the approval by East Dunbartonshire Council of a planning application for the development of holiday accommodation in a green-belt area of Lennoxtown in 2000. The 2002 act sets up a new ombudsman service in Scotland, and the petitioner acknowledges the many benefits that the act introduces.
Civil Law Enforcement Scheme (PE529)
Petition PE529 is from Mr Horace Jann, on the reform and unification of the civil law enforcement system. Mr Jann wants to replace all sheriff officer commissions with a new civil law enforcement office and to ensure that those officers are properly trained and supervised at all levels. He also wants standardised fees and a table of fees of sheriff officers. The Scottish Executive's response goes a long way towards meeting all his demands. It makes clear that the proposals that are outlined in its "Enforcement of Civil Obligations in Scotland" consultation paper address fully all the issues that are raised by the petitioner. It is likely that, following analysis of the consultation responses and agreement of the proposals by ministers, legislation will be introduced by the Parliament in 2004. It is therefore suggested that we agree to copy the Executive's response to the petitioner for information and take no further action. We may also pass a copy of the Executive's response to the clerk to the Social Justice Committee, for information. Is that agreed?
In my experience, there were quite a lot of complaints against sheriff officers in Glasgow. The sheriff principal used to take the matter seriously and act quite quickly. The system seemed to work well.
Well, the new system promises all kinds of wonderful things. We will have to wait and see.
Scottish Transport Group Pension Funds (PE500)
Members will note that I have received a letter from the Deputy Minister for Enterprise, Transport and Lifelong Learning in relation to petition PE500, on the Scottish Transport Group pension funds, in response to various points that were raised with him following our meeting on 8 October. Copies of that letter were circulated to committee members on their arrival this morning, as they were not available in advance of the meeting. The letter was received only yesterday, so it was not possible to consider it as a formal agenda item. In it, the minister states that he is satisfied that a reasonable deal for the STG pensioners has been negotiated with Her Majesty's Treasury under the prevailing circumstances and that
I have not had time to read the minister's response properly, but I remember many of the details of the case. The letter from Lewis Macdonald does not answer the question that was raised by Fergus Ewing concerning the widows.
No. The matter will be considered formally by the committee at a later stage. The letter has been circulated purely for members' information.
Organic Waste Disposal (PE327)
I have also received a letter from George Reid about the Blairingone petition, PE327. Members will remember that there was some dispute about the fact that, although the Transport and the Environment Committee has carried out a proper investigation in the light of the petition, the Health and Community Care Committee has, so far, been unable to do likewise because of its work load. George Reid suggests that, as Dorothy-Grace Elder is a member of the Health and Community Care Committee and has said that she would be available to carry out an investigation into the health impacts that are mentioned in the petition, she might be happy to do so. I propose that, before we appoint Dorothy-Grace to do that, we agree that the conveners of the three committees and their clerks should meet to ensure that the investigation is undertaken with the full co-operation of the committees rather than in defiance of them. Is that agreed?
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