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The first item on the agenda is consideration of new petitions. Does the committee agree to take petition PE333 before petition PE332? A petitioner is present to answer questions on PE333, although he does not want to make a statement.
Petition PE334 is from the Scottish Campaign for Nuclear Disarmament and calls for the Scottish Parliament to ask the Executive to initiate a review of emergency planning measures for nuclear submarine accidents in Scotland to ensure that there is adequate protection for the local population and the environment.
The petition arises from an incident that happened in the Mediterranean on HMS Tireless in May 2000, although the full consequences of the incident became public only in December.
Please wind up.
For example, under the current scenario, measures would be taken within a 10km radius. If the scheme used a worst-case scenario, an accident at Faslane would mean that those measures would have to be carried out in Edinburgh.
Thank you, Mr Ainslie. I apologise for not warning you in advance that you would have three minutes and that I would give you notice to wind up when you had 30 seconds left. That is my fault, not yours.
They are drawn up jointly. A committee, which has representatives of various bodies, including local authorities, draws up the Clyde public safety scheme. I am not certain about the position of the Scottish Executive; the papers that I have are pre-Scottish Parliament, although they show that there was Scottish Office representation.
Does every area need to have a scheme in place to deal with accidents to nuclear-powered submarines?
The schemes are berth related. There are schemes for where there are berths.
Other than the Clyde estuary and Rosyth, where else are there berths in Scotland?
There are Z-berths around Skye and Loch Ewe. Although there have previously been other berths further afield, those are the only ones outwith the Forth and the Clyde at the moment.
Are the plans open to public scrutiny?
Yes. The plans are publicly available.
Do you know whether the plans have been reviewed in recent times?
I am pretty sure that they have not been reviewed.
There is talk of HMS Renown being decommissioned at Rosyth. Would that be a problem in the light of the kind of incident that you are talking about?
In a sense, decommissioning is a separate issue. There is a question over what happens to decommissioned submarines. The Babcock proposal may well result in more submarines being decommissioned at Rosyth.
Have you any suggestions on how the safety procedures could be improved? What needs to be done to make the situation safer?
At the moment, there are pre-planned counter-measures for out to 2km from the berths. Apart from taking the Scottish CND line that we should not have nuclear submarines, I suggest that, if the chance of a serious accident is greater than previously estimated, the public protection measures must be prepared for a wider area. The protection measures need to reach further away from the berths.
You say that the radius is only 2km at the moment?
There are pre-planned counter-measures to 2km from the berths. There is then an extendibility zone out to 10km. The extendibility zone is mentioned in the scheme, but detailed provisions do not have to be in place for it.
Can you clarify whether there are any other measures that the Ministry of Defence would take outwith the 2km zone around Faslane? I live not that far from Faslane and am aware that the MOD regularly monitored the background radiation levels on Bute and similar areas.
There is still a Z-berth at Rothesay bay, so there will be a 2km pre-planned counter-measure zone around that berth. Detailed plans for specific measures, such as distribution of potassium iodate tablets to the public, exist for within the 2km zone only. The plans for distributing tablets out to 10km, if that had to be done, are a bit vague.
Thank you. As there are no further questions, we will discuss how to dispose of the petition. The suggested action is that we agree to pass the petition to the Executive and ask it to comment on the issues that the petition raises. The Executive should have the opportunity to clarify its position. After we have had a reply, we can consider the petition further. Are we agreed?
We move to petition PE337, which is from the Retained Firefighters Union. The members' briefing paper said that there was only one signature on the petition, but in fact we have now received 1,600 signatures.
Thank you. The background is that the public requested the petition and the RFU implemented it for them. Strathclyde fire brigade proposes to change the status of Oban fire brigade, which is a two-pump retained station. The brigade wants to make one pump in the station whole-time and one pump retained, doing away with 10 of the retained firefighters through natural wastage, under notice served to the Minister for Justice under section 19 of the Fire Services Act 1947.
Thank you. Two MSPs who represent the local area, George Lyon—also a member of the committee—and Duncan Hamilton are here to speak in support of the petition.
I want to thank Steve Farrell for arranging for the petition to come before the committee today at short notice. I do not have a lot to add to the evidence that has been given by Walter Stewart, other than to say that real questions are being asked by the Retained Firefighters Union and that public concern is demonstrated by the 1,600-signature petition that has been submitted.
I, too, add my support to the petition. There is no need for me to reiterate the specific issues, as those have been made clear. One of the points that will no doubt be made, quite correctly, by committee members, is that the parliamentary process is slow to pick up on specific local problems. However, I will make three points that demonstrate why I think the petition is important. First, the petition is indicative of the wider process in Scotland. Oban may be the first case, but there will certainly be further examples and it is important to get the process right at the beginning so that it can be rolled out in different areas.
As a local member for the area, I am surprised that the only information I have been given on the matter is from the Retained Firefighters Union. I still await a response from Strathclyde fire brigade about some of the issues.
Strathclyde fire board would definitely be aware of the proposal. The elected members of the fire board in Rhoda Grant's area—Argyll and Bute—would also know about the proposal, but the local elected members who carry out other business in the community would not necessarily know about it. I think that the fire board was privy to the proposal and hoped that it would slip through without being challenged. The proposal came to light only when the RFU challenged it.
You talked about job losses for the 10 retained firefighters. Will they be able to transfer? You said that there are 70 surplus whole-time firefighters in Strathclyde. Has any move been made to allow the 10 local retained firefighters whose jobs are at stake to transfer?
No. They cannot transfer directly. Although new directives for part-time workers are coming in, there is less favourable treatment for part-time workers.
Would the whole-time firefighters whom Strathclyde fire brigade plans to transfer parachute in and out of the area or would they become locals? Would they move to the area or would the process be worked in some kind of shift system?
They would have to commute locally, otherwise they would not get to work in inclement weather, for example. As the committee knows, Oban is fairly remote. Strathclyde fire brigade would have to try to redeploy people to the Oban area and rehouse them so that they would be in close proximity to the fire station and could get to work. The nearest whole-time unit is 96 miles away in the Clydebank area. It would be very hard to commute and sustain that type of establishment.
What size of area do you serve around Oban? How far do you go?
The Oban area is vast and runs right up to Fort William; it runs to Inveraray and Lochgilphead. There are other retained fire stations within the area.
Did the independent report that the RFU commissioned find that Oban is still a C-risk or D-risk area?
Yes.
Are there any local members who sit on the Strathclyde joint fire board who would be party to the decision?
Yes, there must be. The member for Argyll and Bute on the fire board would have to be party to the decision.
Did he or she support the changeover?
I believe that such members are commissioned to support it. If the fire board go along with the proposal, they have to support it—there is no doubt about that. Some elected members will support the idea of a full-time unit.
Is the Retained Firefighters Union separate from the Fire Brigades Union?
It is completely different. The RFU was formed in 1976 as a breakaway union because members felt that the FBU was not doing enough to support retained firefighters in Scotland and nationally.
Obviously, Strathclyde fire brigade's argument will be that it is trying to improve the service. As part of that argument, has the brigade talked about having more retained firefighting crews? You talked about crews from Oban meeting up with crews from anywhere between Fort William and Inverary. If the idea is to provide a better service, one would have thought that an allowance would have been made for having more retained firefighters in the smaller surrounding villages.
That would have been a good logistical idea. If the local volunteer units were upgraded to retained standard, the network in the community would be tightened up. Local volunteer units are not trained to the same standard as retained and whole-time firefighters, who are at the same standard. Rhoda Grant has rightly touched on the fact that it would be a great advantage, as well as a logistical support, if the local volunteers were upgraded to retained status. There would be a tighter and more secure fire service with a heavier weight of delivery within the rural community.
If there are no further questions, I thank Mr Stewart for an excellent presentation.
We should ask Strathclyde fire brigade to answer the questions that have been asked today. Strathclyde fire brigade is clearly the driving force behind this. We should accept that the RFU submitted the petition because it expected that the Scottish Parliament could give some added weight to the questions that it wants answered. We should write directly to Strathclyde fire brigade and ask it to furnish us with some explanations for some of the points that have been made today.
The convener is saying that we cannot instruct other elected members, since that would be outwith our remit, but could we not ask them nicely? Could we say that it would be helpful if we were given some information? I think that the convener's problem is that we cannot—
I understand that, but I think that we are entitled to ask the question.
Yes. Could we ask the question, and it would be up to Strathclyde fire brigade to respond?
As always on such occasions, advice is being whispered in my ear.
On that very point, I have written to Jim Wallace enclosing details of the RFU case and asking him to take that into account before any final decision is made. I know that Ray Michie, too, has written to Jim Wallace and I am sure that Duncan Hamilton has as well. I am sure that other elected members have also done that. The sooner we can get the petition across to him the better, but it has been flagged up to him already.
Okay. We shall pass the petition to Jim Wallace immediately and we shall write to Strathclyde fire brigade asking it to respond to the comments that we have heard this morning.
Agreed.
Does Duncan Hamilton want to add anything?
Thank you for the right of audience, convener. What will happen to the impending decision while we wait for answers on those points? Obviously, it would be better if the decision were not taken until we have the answers. Would it be possible to add to the letter that we send to the minister, or when we pass the petition to the minister, the fact that we would appreciate having the answers before the decision is taken?
Yes. We can also point out to the minister that we have written to Strathclyde fire brigade and that we would be grateful if this information could be considered before any final decision is taken. Is that okay?
As was agreed, we now jump a petition and deal with PE333, which is from Mr Charles Douglas on behalf of the Humanist Society of Scotland on the legal status of humanist and secular marriage ceremonies in Scotland. Apparently, a non-religious marriage ceremony can be performed only in a registry office. In Scotland, there is no other possibility.
I will make a very brief statement.
I do not pretend to be an expert on humanism, but in Inverness, where I stay, the registry office is in the bottom of a multistorey car park, and that is an awful place for anyone to get married. As a result, a lot of people who want a civil wedding want the registrar to be able to go out of the registry office and conduct marriages in another place. Would that be useful for people across Scotland?
The position in Scotland at the moment is that it is the person—the registrar or the person ordained by a religious group—who is registered, not the place. In Scotland, people can go to the top of Ben Nevis and get married, whereas in England, it is the place—the church, mosque or registry office—that is registered. I do not know all the details of what a registrar can do, but if someone wanted a humanist wedding ceremony at the top of Ben Nevis, or wherever, we would be willing to provide that—as long as we had someone fit enough to go there.
Can someone from the Church of Scientology be authorised to hold weddings outside of registry office ceremonies, but a humanist cannot?
That is my understanding. We cannot conduct a legal wedding; a registrar's ceremony has to be involved as well. I married my son a while ago. He and his wife did what a number of people who want a humanist wedding do. They go to a registry office a couple of days beforehand, usually dressed in fairly informal clothes, and regard the whole thing as a bit of a nuisance—something that has to be done. They then dress up, as other people do, and have a nice wedding, where they can decide what vows they want to say to each other in front of their friends and relations. They can make a commitment to each other that is real and personal and much more meaningful than something that they are told has been said for several hundred years.
That sounded almost like new Labour—no insult intended.
I thought that all parties were meant to be doing that.
The problem is that the law specifies that ceremonies conducted by religious groups are the only exemption from the requirement for a registrar.
Five years ago, I think, we took counsel's opinion to see whether we could be regarded as a religious group. I do not have the written evidence with me, but I gather that the opinion was that even if that view was found to be correct, the registrar would not be happy to have non-religious people conducting ceremonies. The prejudice goes back a long way.
No doubt it interferes with your rights under the European convention on human rights.
That is exactly what we think.
Have you done any research into how the ECHR affects the situation?
Yes. We mention in the petition that we think that, in contravention of article 14 of the convention, the situation discriminates against the exercise of rights under article 12.
Absolutely. Thank you for coming along and answering our questions.
Petition PE332, which is from Mr Steve Ratcliffe, concerns controls for MSPs when recruiting staff. It calls on the Parliament to create controls that would require MSPs to declare details of members of their staff to the Standards Committee to ensure that, if an MSP recruits a relative, the most suitable person for the post has been hired.
I have no other suggestions. We probably have to do as suggested out of fairness to the petitioner, but the situation as it stands is probably adequate. It should be up to individual members whom they employ and how they appoint their employees.
The Equal Opportunities Committee recently submitted to the conveners' group a paper about how committee advisers should be recruited to ensure that that process does not contravene equal opportunities legislation in any respect. We could pass the petition to the Equal Opportunities Committee for information and ask whether that committee wants to comment on it, as well as passing it to the SPCB.
That might be a good idea. I think that legislation exists that allows that, if an employer has recruited somebody, and somebody else feels that they would have been able to do the job, they can take the employer to an industrial tribunal. I was certainly very aware of that when I was recruiting staff, so I ensured that adverts were posted.
We could do both or either: we could send the petition to the SPCB or to the Equal Opportunities Committee and ask for comments.
It must go to the SPCB as a first step.
We could then send it to the Equal Opportunities Committee for information. It would be up to the Equal Opportunities Committee whether it wanted to respond to the petition.
I agree with that.
Are we agreed?
The last new petition this morning is from Mr Lou Howson on behalf of the Confederation of Scotland's Elderly. The petition is on a subject that has become dear to all our hearts: the full implementation of the report of the Royal Commission on Long-term Care. The petition is supported by 19 other old-age pensioners' and senior citizens' groups and was submitted as a result of the debate at the meeting of the Parliament on Thursday 25 January and the subsequent statement by the Minister for Parliament that
That would mean that we would not receive anything back until August, when the implementation group has reported.
No. We will not have the detail but—
We will certainly not get detailed proposals back before then.
We can request a written statement of the Executive's intention in setting up the implementation group. We can ask when the implementation group will report. The proposals are that implementation would not start until April 2002 at the earliest, so there is no great urgency. However, we should get the Executive to respond in writing.
That would give the Executive the opportunity, which I am sure it wants, to clarify the position even further. The situation is not entirely clear even now.
Absolutely. Is it agreed that we pass the petition to the Executive and ask it to provide a written statement?
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