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Agenda item 8 is petitions. As I said earlier, this forms a significant part of the work load of the committee. We are always seen as a good target for petitions. As members know, we circulate petitions as they arrive and committee members can comment on them if they wish to take any further action.
I agree. Especially as that review moves into its implementation stages, we need to monitor how epilepsy will be catered for.
So will we maintain a holding position on the issue for the time being, on the basis of what Richard Simpson has suggested?
Members indicated agreement.
The next petition, PE223, is from Mr and Mrs McQuire and calls for the Scottish Parliament to ensure that multiple sclerosis sufferers in Lothian are not denied the opportunity to be prescribed beta interferon. We covered the issue of multiple sclerosis earlier and are awaiting reports on the matter. We have asked our researchers to do some background work for us. We can return to the issue in due course.
Both the Health Technology Board for Scotland and the National Institute for Clinical Excellence are producing reports. The NICE report has been set back. It was to have come out on 3 December, but it has been postponed. Clearly, the HTBS is in communication with NICE to ensure that they do not duplicate work. A subgroup of the HTBS is examining the area and the Multiple Sclerosis Society in Scotland is represented on that working party. A comprehensive set of arrangements is in place and it would be inappropriate for us to get involved until the groups have reported.
We might want to comment on the issue on the back of those reports. I suggest that we adopt a holding position in relation to this petition as well. Is that agreed?
Members indicated agreement.
On the petition about rapeseed crushing, the committee has no comment to make other than to suggest that no action be taken. Is that agreed?
The issue affects a number of people, but I do not know how the Health and Community Care Committee can deal with it. Perhaps the Transport and the Environment Committee—
As you will see from your note, Dorothy-Grace, the Transport and the Environment Committee is leading on the matter. I suggest that this committee should say that we do not want to take any further action. The lead committee referred the petition to us for comment. If we say that we will take no action, it is up to that committee to decide what it wants to do. Is that agreed?
Members indicated agreement.
The next petition, PE148, is from William Brian Anderson on behalf of the Organophosphate Information Network and calls for the Scottish Parliament to investigate various issues relating to specialist referral and diagnosis of exposure to organophosphates.
I believe that this matter is being considered by a Westminster committee. Duplicating that work would not be the best use of our time. It might be better to wait for that report to come out to see whether it has any implications for Scotland.
Is that agreed?
Members indicated agreement.
The next petition, PE192, is from Alex Doherty and calls for the Scottish Parliament to order the Mental Welfare Commission to regard all of its records as health records and to comply with access requirements.
It may be that, under the functions of the Mental Welfare Commission, the item should be reviewed. I suggest referring the correspondence to the Millan commission.
Is that agreed?
Members indicated agreement.
The next petition, PE214, calls on the Scottish Parliament to investigate the current recruitment crisis in the cardiac transplant unit at Glasgow royal infirmary. We have a response from the Executive. Some of the information in it is heartening, as it shows that there have been developments since we received that petition.
I think that we should keep a watching brief on the matter. Perhaps in February, we should ask the Executive for a progress report, as there are a number of concerns about progress towards the reopening of the unit. I have doubts about whether it will reopen on schedule. We should reassure the petitioner that we are keeping abreast of the matter and reassure ourselves that progress is being made.
Our interest is in the unit as a national service. If the intention is that it should reopen in the spring of 2001, it would seem reasonable for us to reconsider the matter. February would seem to be a reasonable time to do that. Are we agreed?
Has the standard that a patient who is waiting for a heart transplant can expect of transplant services declined as a result of the suspension of the unit?
It is impossible to say. The number of transplants has declined, but it is impossible to say categorically that that is because the unit has closed; it may be due to a lack of donors.
At the moment, the Executive's response is that a certain amount of people's pre-and post-operative treatment and care can be taken care of in Glasgow, but the operation itself involves patients going to Newcastle. The level of service is therefore not the same as it was, but it is impossible to say exactly what changes have taken place—the need to travel to Newcastle is one obvious change for Scottish patients.
The anxiety being felt by some patients and their families is focused not only on when the unit will reopen, but on check-up operations at Glasgow royal infirmary. The concern since the unit closed is that patients have claimed that operations are being cancelled at the last minute. One person claimed that he had turned up from Wick to be told that he could not be seen until the next day.
There is no limbo period for pre- and post-operative care. The situation is as it was before. Only the operations have been transferred. Post-operative care is still available to all patients at the GRI.
That is the point. The situation may have improved in the past month or two, but the patients group claims that over the months too many post-operative appointments have been cancelled. Could the convener write a letter to check up on that?
We are beginning to stray from the matter before us. We are being asked to do something specific. That is now turning into a trawl of every complaint and concern that exists about the wider issue. If we did that with every petition, we would never finish—we would be administrative postbags.
I feel uneasy about the fact that we are going more into the day-to-day operation of the service than into the question raised in the petition. It would be reasonable for us between now and February to ask whether the current service is being run effectively, but we can deal with that through the Executive. We will also ask the Executive further questions raised by its response, which was quite good, about the on-going running of pre- and post-operative services. We will return to the reopening of the unit in February.
I understand from the Sunday papers that interviews were held yesterday for a new consultant and that two of the existing consultants are being trained at the Freeman hospital. When you ask the minister for an update, convener, will you also ask for an update on lung transplants at the unit, which she also promised to consider?
That is a fair point. Is that agreed?
Members indicated agreement.
We have received a number of petitions on car parking charges. Clarification on the matter was sought from the Executive, which has responded by saying that it is unaware of any breach of policy. Although car parking charges should not be introduced to subsidise health care provision, they have been introduced for several other reasons, such as the better organisation of car parking. Do members have any further comments on the issue?
I understand that the health board in that area is reviewing car parking charges in light of the Executive's clarification. I think that we should simply note that situation.
We should note both that and the committee's support of the Executive's position that there should be no cross-subsidy of health services.
A few unanswered questions surround the matter. Since the meeting at which we discussed hepatitis C with the minister, substantial new evidence has been produced. It is incumbent on the committee to deal with that. The first step should be to take evidence from the Haemophilia Society. We can decide what to do next after we have asked the society questions on its evidence. We should talk to the blood transfusion service, and perhaps take evidence again from the minister.
That is a serious issue. As Nicola Sturgeon said, the minister told us that she would be willing to meet the Haemophilia Society again. As convener of this committee, I feel that that would be a reasonable thing for the minister to do in the circumstances. Committee members may have opinions on that—especially when we consider that the minister raised the point in evidence to us. What she said was welcomed by committee members.
To follow on from what Nicola Sturgeon said, I agree that we should take evidence from the Haemophilia Society. We should hear from the blood transfusion service too. To hear from one but not the other would serve no purpose.
Initially, we asked the Executive to include such people. The Executive ruled that out, but members seem to be suggesting that we should continue on that tack and ask the researchers to give us information on the acquisition of hepatitis C by non-haemophiliacs, so that we can get an idea of the extent of the problem and how it comes about. That might lead us on to consider the screening of blood products and other questions of hygiene.
It is crucial that we take evidence. This issue has been with us for more than a decade and is not going to go away. We must listen to all the available evidence. I support asking the Haemophilia Society and the Scottish National Blood Transfusion Service to give evidence.
Can I be clear that we are confining our evidence taking to the question of screening? I assume that we are not going to go back over the old ground about heat treatments and so on. That has been covered adequately in the report. In relation to the new evidence about whether the blood should have been screened, we must decide whether the information was available and whether the screening test was appropriate and focused—in other words, that it did not produce too many false positives and false negatives. I would not support the committee broadening the inquiry to consider heat treatment.
The Executive report examined heat treatment. If we have witnesses from the Haemophilia Society who do not believe that that report is adequate, I do not know how we can get the information from them without going back to the Executive's response on heat treatment.
We will find that a deal more evidence is produced.
I do not want to keep on interjecting on every comment made by committee members, but I think that the point that was raised earlier—that when we have heard evidence from the Haemophilia Society and the Scottish National Blood Transfusion Service, we must decide whether we believe that the report published by the Executive is adequate—covers all the issues. The question for the committee is how we proceed if we feel that it is not an adequate response. That leads us into whether the matter requires further work by the committee, the Executive or somebody else.
I agree that it would be impractical and unfair to constrain the discussion, so I support the convener's view that the discussion about the issues and the evidence should be wide ranging.
I think that everybody supports the principle that there should be further investigation of the broad issues. However, we are struggling to agree on, or even to understand, the terms of reference. I think that we should agree that the matter will return to our agenda and that there will be an inquiry. We can then try to draw up terms of reference. We should have a debate, based on the evidence and the arguments that we have heard this morning. The last thing that we should do is begin an inquiry when members have different ideas about what we are discussing. We all agree on the principle, but as this is such a sensitive issue, we should take a wee bit of time to sort out the terms of reference properly.
I do not think that there is so much confusion about the terms of reference—the issue is quite simple. In response to what Richard Simpson said, I say that it is inconceivable that we could invite representatives from the Haemophilia Society to give evidence and then tell them that they can only discuss certain aspects of the matter. We should take evidence from the society on the points on which it disagrees with the Executive's report, or on which it thinks that the report has not been exhaustive and has not taken into account particular pieces of evidence. It would be fair to tell the society that we expect it to be quite focused so that we do not go back over matters that are not disputed by the Executive or the society. We should also ask about any new evidence—in relation to screening, for example—that was not examined for the report. If we agree to do that, what we are trying to achieve becomes clearer.
If I recollect correctly, the area of contention was the chronology of what happened. That information exists. In fact, we addressed much of that when Susan Deacon attended the committee. It is important that we do not try to conduct the investigation again and that we focus on one or two clear points on which we could make some progress. We received a lot of information in the report, and accepted much of it. The chronology of events was, however, the issue. We could ask about that and the new evidence on screenings.
The other matter about which the Haemophilia Society is unhappy is how the report addressed the manner in which people were informed of risks in advance of treatment, and the manner in which people were dealt with after they contracted hepatitis C. The society will want to raise that as well.
Will our clerks produce a note on the issues that members think should be raised? I remain concerned that we will try to repeat the inquiry. If we are to do that, we must appoint a special adviser, take evidence from absolutely everybody and do the task properly, but I do not think that that is our role. We should focus on our concerns. We can draw up a list, send it to the Haemophilia Society and find out whether the society agrees with it. I do not mind that. However, I do not wish us to go back into the entire inquiry again.
We should take evidence from the Haemophilia Society about its concerns. Then, by all means, the clerks should draw up the note on the issues that the committee wants to progress with. We may think that some of the society's concerns are not justified. However, in fairness to the society, we must give it the opportunity to tell us about its disagreements with the report, what new evidence it has and what its concerns are. After that, we can boil down the issues.
I agree. We have heard the minister speak to her report. The Haemophilia Society has intimated that it is not happy with the report. As things stand, if the minister refuses to meet members of the society—and that appears to be the situation—natural justice demands that we should hear from the Haemophilia Society. That will allow the society to put on record its thoughts about how the report has not gone far enough, which I think will relate to how information was passed on to the people involved. The society will be able to dispute points about chronology and other matters in the report. We must hear the other side of the argument, from the Haemophilia Society.
If the Haemophilia Society could list the areas that concern it following the Executive's publication of its inquiry, we could cross-reference that with the areas that we have already dealt with. That would keep our work quite narrow, rather than rehashing what we have already dealt with.
We have not dealt with anything. We have heard the minister give evidence on her report. As Margaret Jamieson said, we have heard one side of the story. Natural justice would suggest that we should hear the other side and give the Haemophilia Society—
We heard from the Haemophilia Society.
Yes, but not in response to the report. We should give the Haemophilia Society the opportunity to respond. I agree that, after that, we have to focus on what we do next and on what progress we can make. However, to try to shut the debate down before we have heard one side of it is not fair.
The minister gave a commitment to the committee. She seems to be saying something different from what the Haemophilia Society is saying. It is reasonable for the committee to write to the minister to remind her of the commitment that was given to the committee and to indicate that we expect her to fulfil that commitment. In the event that that commitment is not fulfilled, it is within the competence of the committee to ask the minister to come back before us. At that point, we can undertake some of the functions that a meeting with the Haemophilia Society would have fulfilled. It is not right that the minister should make one statement to a committee and give a completely different message to the organisation that the commitment concerned.
Yes, and one from the west of Scotland group of the Haemophilia Society.
The petition from Thomas McKissock deals with a specific issue. We need to determine what we will do about that. However, the other petition calls for a public inquiry. To some extent, we have been over that argument previously. If we think that it is legitimate to have a revolving inquiry in the committee and for us to rehash matters every time a decision is made, every petitioner will ask us to go over subjects again, even although we have already undertaken work. There is an argument for saying that new evidence on the issue should be examined carefully, but we need to separate what we have done from what we are trying to do. I think that the committee will create a rod for its own back on a range of issues if it starts rehashing work that it has already done.
I am not aware that we have closed our inquiry. Nicola Sturgeon is correct when she says that Susan Deacon used her time to talk about her report. We have not listened to the Haemophilia Society's opinion of the report. It would only be good manners, having heard from one side, to hear from the other. That is very important. When we have heard that, we can decide on a course of action.
This is not just about the petitions—we agreed to discuss the letter from the Haemophilia Society at the same time as the petitions. The letter states that the society disagrees with the report and would like to bring its views to the committee. Anything short of allowing the Haemophilia Society to give evidence and voice its concerns would be totally inadequate. We should decide what to do after having heard the evidence. At this stage, all we need to do is to agree that we will listen to the views of the Haemophilia Society. There has been a suggestion that we listen to the views of the Scottish National Blood Transfusion Service at the same time. That seems reasonable. After we have heard that evidence, we can decide whether we should begin another inquiry.
I do not agree with Hugh Henry that such a decision would compromise us in the future. The case is unusual. We cannot ignore the direct petitioners or the Haemophilia Society. I hope that this is a one-off, although it may not be. If necessary, we should make recommendations as to whether there should be compensation.
We have not decided what sort of evidence to take. We should ask the Haemophilia Society to detail in writing its objections to the report. All we have is a statement that the society is not happy with the people who carried out the inquiry. We need more details. The oral evidence should rest on questions that arise from the written evidence. We should also ask the society to present evidence on screening.
I want to pull together the various suggestions for action. I did not recall—and nor did the clerk—that we had decided that, once we questioned the minister about hepatitis C, that would be the end of the matter. We asked her about several issues on that day; we took advantage of her presence to ask several questions because we had not had responses to six letters. Our final letter said that, if we did not receive a response, we would ask questions when the minister appeared before us to answer questions on other matters. That was why we took that approach.
Members indicated agreement.
The second point relates to the wider issue raised in the petition from Mr McKissock, on hepatitis C being contracted by non-haemophiliacs through health treatment provided by the NHS. Is the committee happy to request a research note on that issue, so that we can revisit the matter at a future meeting?
Members indicated agreement.
I suggest that we invite the Haemophilia Society and the Scottish National Blood Transfusion Service to give evidence. It would be reasonable for us to ask the Haemophilia Society to outline in advance its areas of disagreement with the report and the subjects that the society believes the report has not fully covered.
We are going to invite the Haemophilia Society, but the petitioner is from the west of Scotland group of the Haemophilia Society. How do we work that out?
When investigating petitions in the past, we have not always questioned the petitioner. We have taken on board the tone, spirit and letter of a petition and have then taken information and evidence from other people in order to arrive at a position. We can clarify this with the Haemophilia Society, but I presume that the west of Scotland group would be happy to be represented by the society, of which the group is an offshoot. There should not be a problem with that, but we can clarify the situation.
Many of us—including Hugh Henry and Irene Oldfather—supported Brian Adam when he called for an independent inquiry on hepatitis C. We ought therefore to continue with that, ensuring that we hear the minister's response before proceeding.
Can I respond to that?
Yes—I think that you have to.
I do not think that we are arguing otherwise. We have been saying that the committee should not retrace the ground that it has already covered but should try to move on. I remind Ben Wallace that I said that we should move forward on the basis of some of the new evidence that has come to light.
Let me clarify the matter for the committee. We are dealing with petitions that came to us in the normal way. The committee's response to the petition from the west of Scotland group of the Haemophilia Society was influenced by the fact that the Executive had intimated that it was going to commission an on-going report. Had that report not been undertaken, the committee might have taken a different approach to the petition, but we decided to wait for the Executive's response before we acted on the issue.
My objection is that the organisations that you will invite to give evidence are the two protagonists in the case—the Haemophilia Society, with its concerns over the report and the screening, and the Scottish National Blood Transfusion Service. I recommend that you, as the convener, also invite an independent expert, so that we can receive evidence from someone who is not directly engaged in the conflict.
Do members have any problems with that?
Although Richard Simpson may have the right idea, he is perhaps a bit ahead of the process, as that is a decision that we should make after we have heard the evidence from the Haemophilia Society and the blood transfusion service. At that stage, we can determine whether we require independent advice.
Does the committee agree to the course of action that I suggested?
Members indicated agreement.
We can revisit the situation when we have taken evidence.
The starting point for the petition was concern over parental choice on the MMR vaccine. In my early reading on the subject, I have found that, although some parents and medical practitioners are adamant that there is a link between the vaccination and autism, others, including public health officials, are equally adamant that there is no link.
On your way back from Finland?
Yes.
If the committee is happy with the principle, Mary Scanlon and I will investigate whether the timing of the evidence taking by the Dáil committee would make it helpful for her to go there. Like all decisions on whether a committee member can travel, the matter would then be referred to the conveners group. Is that agreed?
Members indicated agreement.
Mary Scanlon will then report back to the committee on her visit at the beginning of the year.
I will do it. Such things as allowances have changed in the past few weeks. Should I contact Malcolm Chisholm directly?
Yes.
Is there a deadline?
You should look at the material first and then tell me when you think you can finish the report. Is the proposal that Dorothy-Grace Elder act as reporter on fuel poverty agreed?
Members indicated agreement.
The final petition is from Glenorchy and Innishail community council general practitioners who have to run a practice single-handedly. Margaret Jamieson was appointed as our reporter on this matter.
I have met the Scottish Medical Practices Committee, the British Medical Association, the Scottish Executive and the medical director of the primary care trust in my area. However, I have put the matter on the back burner while we await the health plan. I will reassess the situation on Friday and speak to Jennifer Smart. I did not want to do much work on this before we had learned whether the health plan addresses the issue.
That is the end of this agenda item. I understand that Ben Wallace wishes to say something on the record before we move into private session.
As some of us will no longer be members of the committee in January, I place on record my thanks to the clerks, Jennifer Smart, Joanna Hardy and Irene Fleming, who keep the committee going and without whom we could not work. I also thank the convener and those members who are staying for putting up with me.
I am glad that I let you put this on the record.
I do not think that the restructuring has been born out of a desire to seek better accountability or the better operation of the committee. It has been the result of the views of certain MSPs from different groups who have their own reasons. I do not think that that is a good basis on which the Parliament should proceed. Changes to the structure of committees are not best handled by a coterie of MSPs, but should be decided by the Procedures Committee, for which Parliament is bigger than the parties. That would lead to a procedure that befits a Parliament rather than a procedure that merely suits the way in which our groups work.
Thank you, Ben—mild to the end. Some members will be leaving the committee and we will begin the new year with a clean sheet and new personnel in place. I thank all members for their hard work and support. I wish everybody a happy Christmas and a good new year. Those of us who have reading to do will be kept out of mischief for part—not all, I hope—of the time. I will see you all in the new year.
Meeting continued in private until 12:27.
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