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Chamber and committees

Public Petitions Committee, 21 Sep 2005

Meeting date: Wednesday, September 21, 2005


Contents


Current Petitions


National Heritage Committee (Cramond) (PE801)

The Convener:

We move now to consideration of current petitions. As we have linked the first two of these petitions to a previous petition, we shall now consider PE801, by Ronald H Guild, calling on the Scottish Parliament to urge the Scottish Executive to establish a permanent national heritage committee and to ensure the protection of the whole Cramond area's environment, including islands, and the proper investigation and preservation of the natural, manmade and cultural elements of the site, together with the establishment of an appropriate museum.

At its meeting on 20 April 2005, the Public Petitions Committee agreed to write to the petitioner. A response has now been received from Mr Guild and circulated to members for discussion. Do members have a view on it?

John Scott:

On the basis of the responses received from Historic Scotland, Scottish Natural Heritage and the City of Edinburgh Council, I think that we should probably close the petition. It seems to me that they are dealing adequately with the situation.

Do other members agree that that is the case?

Jackie Baillie:

Mr Guild has pursued the issue vigorously through the Parliament, and through the Parliament's Education Committee, previously. I have to say, with regret, that I do not know where we can go with the petition, given the responses from Historic Scotland, SNH and the City of Edinburgh Council, so I support John Scott's recommendation.

Is it agreed that we close the petition?

Members indicated agreement.


Food Supplements (European Directive) (PE738)<br />Food Supplements (Scotland) Regulations 2003 (PE828)

The Convener:

The next petitions are PE738 and PE828. PE738, by Joanna Blythman, calls on the Scottish Parliament to urge the Scottish Executive to ensure that the voice of consumers of vitamin and mineral supplements is heard as the European Commission prepares to set maximum permitted levels as part of the food supplements directive, and to consider all options, including a derogation, that would allow Scots consumers access to the vitamin and mineral potencies currently available.

PE828, by Fraser McNaught, calls on the Scottish Parliament to urge the Scottish Executive to ensure that the implementation of the Food Supplements (Scotland) Regulations 2003 will not prevent consumers from accessing health supplements and herbal remedies beneficial to their health.

At its meeting on 27 April 2005, the committee linked PE828 with PE738, and sought an update from the Executive on the food supplements directive. A response from the Executive has now been received and circulated to members. The European Court of Justice published its judgment on 12 July 2005, which accepts the validity of the directive. Do members have a view?

Given the European Court of Justice decision, which accepts the validity of the directive, there is not much more to do. We should close the petitions. The court's decision is pretty much the final word.

Do members agree?

Members indicated agreement.

I have every sympathy with the petitioners, but we have gone to the highest court available and it has made its decision.


Planning Applications (Third-party Right of Appeal) (PE809)

The Convener:

Our next petition is PE809, by Angela and William Flanagan, which calls for the Scottish Parliament to legislate to provide third parties with a right of appeal regarding planning applications.

At its meeting on 23 February 2005 the committee agreed to write to the Executive and to seek an indication whether any changes to the right of appeal will be included in the planning white paper, which is to be published in spring 2005. A response has been received and members have had a chance to read it. Do members have views on the petition?

The petition is very live. The Communities Committee will deal with the forthcoming planning bill in due course, so I suggest that we refer the petition to it to consider as part of its scrutiny of the planning bill.

Are members happy to do that?

Members indicated agreement.


Egg Stamping Legislation (PE733)

The Convener:

The next current petition is PE733, by Peter Siddons, which calls for the Scottish Parliament to urge the Scottish Executive to provide guidance to egg producers in Scotland on relevant legislation relating to egg stamping and whether it is compatible with the provision of the EU Council Decision 94/371/EC.

At its meeting on 20 April 2005, the committee considered responses from the Scottish Egg Producers Retail Association, the National Farmers Union, the British Egg Industry Council, the British Free Range Egg Producers Association and the University of Dundee and agreed to invite the views of the petitioner on those responses. A response has been received from the petitioner and circulated to members. Do members have any views on what to do with the petition?

John Scott:

Again, on the basis of the responses that we have received from all the people to whom we wrote, I do not think there is any point in taking the petition further.

All the respondents seem to be in favour of stamping eggs with the ink, as discussed by the Scottish Egg Producers Retail Association, the NFU, the British Egg Industry Council and the British Free Range Egg Producers Association.

Do members agree?

Members indicated agreement.


G8 Summit (Peaceful Protest) (PE871)<br />G8 Summit (World Poverty) (PE874)

The Convener:

The next petition is PE871 by Rosemarie McIlwhan on behalf of the Scottish Human Rights Centre and G8 Alternatives group and calls on the Scottish Parliament to express its support for peaceful protest during the forthcoming G8 summit, including at Gleneagles itself.

PE874 by Shauna McIntyre calls on the Scottish Parliament to urge the First Minister to follow the advice of Sir Bob Geldof and lobby the G8 heads of state on the issue of global poverty.

At its meeting on 28 June 2005, the committee agreed to link PE871 and PE874 and to write to the First Minister inviting his comments on both petitions. Unfortunately, no response has been received from the First Minister. Do members have any views on how to deal with the petitions?

I have contacted the First Minister's office to find out why we have not received a response from him, given that he was keen to engage with us initially. I am not getting anywhere now, whereas I was quite hopeful at the start. It could be that there is not the same urgency. The situation that developed in the Parliament around that time means that matters are different from what they were when we discussed the petitions initially. I still think it is appropriate to get some response from the First Minister.

Jackie Baillie:

The purpose of the petition was in part to highlight the issue; it is a question of timing rather than anything else. The petitioners should take comfort from what happened subsequently and could perhaps even claim some credit for it. Whether we require a letter from the First Minister to close the petitions formally is a matter for your judgement, but I am clear that there was support for the petitions from the First Minister's office at the time.

I agree.

The Convener:

It depends whether we want to pursue the matter further. The First Minister has made public statements in response to the petitions and there have been discussions in the chamber on the matter. The issue is whether we want to express our disappointment that we did not receive a response. There is nothing more that we can do with the petition.

Helen Eadie:

The issue was responded to in the Scottish Parliament debating chamber. It would be appropriate to send copies of the Official Report of those parts of the debate to the petitioners. I recall that the issue came up in the context of First Minister's question time. The First Minister made it abundantly clear to everyone that he supported the events. As Jackie Baillie rightly points out, events afterwards indicated that there was strong support for them throughout Scotland. I was one of the people who queued for ever in the park. I was with all my church groups, local Labour party groups and so on. We queued for more than six hours and still could not get on the march, but we had a nice gala day in the park and enjoyed ourselves because we were there to support the event. Most MSPs were there.

John Scott:

I do not disagree with my colleagues on the First Minister's response. He was rightly enthusiastic about it all. However, there is a point of principle. A failure to respond, no matter how briefly, would set a bad precedent for other ministers, who might not respond if they feel that they have already said enough about a matter in Parliament. We should seek a response for reasons of tidiness and the functionality of the committee. The points that Jackie Baillie and Helen Eadie have eloquently expressed about the First Minister's view could be encompassed in a letter from his office. That would round off the process. If the committee is strong on anything it is strong on process.

I agree. We will not learn anything from a response from the First Minister, but it is appropriate that we receive one. We should pursue that.

Members indicated agreement.


Education Maintenance Allowance Payments (PE815)

The Convener:

The next petition is PE815, by Ian Dalrymple, which calls on the Scottish Parliament to urge the Scottish Executive to review the distribution of education maintenance allowance payments this year to ensure a fairer introduction of the new higher payments so that all eligible pupils gain an equal amount.

At its meeting on 2 March 2005, the committee agreed to seek the views of the Scottish Executive and in particular details of the transitional arrangements between the bursary and the education maintenance allowance. The committee has now received the Executive's response. What do members think? Does the response answer the question that was asked? Is there anything further to pursue?

I agree: there is nothing further to be gained. We have received the response.

Okay. We will close the petition.

Members indicated agreement.


HMP Peterhead (PE675)

The Convener:

The final current petition is PE675, which calls on the Scottish Parliament to investigate the suitability of HMP Peterhead for the long-term imprisonment of convicted sex offenders.

At its meeting on 20 April 2005, the committee agreed to write again to the Scottish Prison Service specifically to seek an update on the end of slopping out at Peterhead. A response has been received. Members are invited to comment.

An SPS consultation is on-going and the Minister for Justice has indicated that following that she will report on the future of HMP Peterhead. There is therefore no further point in keeping the petition open, so I recommend that we close it.

Are members agreed?

Members indicated agreement.

That was our last petition. That concludes our business.

Meeting closed at 11:54.