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Chamber and committees

Health Committee, 29 Jun 2004

Meeting date: Tuesday, June 29, 2004


Contents


Petitions

The Convener:

Item 3 on the agenda is public petitions. I am in the committee's hands, but it might be useful for us to discuss how we deal with public petitions at an away day, or half day, at some point during the recess. We had decided that we would deal with petitions quarterly, but we may want to revisit that decision in the light of other matters and the committee's burden of work.

I refer members to committee paper HC/S2/04/18/5, which details all the petitions on which the committee awaits further information to aid our future consideration and which I ask members to note. I thank the clerks for a full report on what has happened to all the petitions to date. Is the committee content simply to note the paper and, where appropriate, to write pushing letters to the Executive or whoever?

What paper are we talking about?

The Convener:

We are talking about paper HC/S2/04/18/5, which is a detailed narrative on several petitions and is a public document. In respect of six of the petitions, we are waiting for commissions, the Executive or whoever to report. Are members content to leave it to me and the clerks to write reminders and to chase matters up?

Members indicated agreement.

Mr Duncan McNeil (Greenock and Inverclyde) (Lab):

Among the options that are open to us is that we pursue further inquiries. However, rather than go through all the petitions, make decisions on them and end up having maybe four days or four half days of inquiry on each, can we park them, group them together, look at them again and assess how much time we want to allocate to them and so establish our priorities? We could then decide whether we want to have an inquiry or to take evidence. The last time we dealt with petitions, we went through them all and—nice people that we are—agreed to pursue all the issues. That meant more work for the clerks or implied work for the committee. I suggest that we give all the petitions an equal chance in respect of our taking further evidence on them.

The Convener:

I have read all the petitions, which raise serious issues, and I hope that the committee can pick up and develop some of them. At our away day, we will perhaps need to discuss how we deal with our inquiry work load and the burdens that the Executive puts on us, which we must deal with at the same time as we try to do justice to petitioners. I do not want to pre-empt discussions, but we should perhaps establish sub-groups to deal with certain petitions and report back to the committee.

Some of the petitions are splendidly researched and highlight extraordinary difficulties in the system that deserve attention. As Mike Rumbles said previously, we cannot just put them through the system; we have to work out how we can deal with them, especially as so many petitions come to the committee. I am content for us to come to another view and to say that we will defer consideration of the petitions pending discussions at our away day. Are members content with that? I am not pre-empting any decisions on the petitions that are before us, but that is an option. There are some pertinent points in the petitions and I feel that they are going round in circles, which is not fair.

The point is that we cannot deal with all the petitions in the time that we have been allotted.

That is right.

Mr McNeil:

In that case, how should we deal with them? It may be that, after we look through them, we will find that three of them deserve further investigation or inquiry—perhaps a half-day evidence-taking session or whatever. We need to devise a system under which we can park some of the petitions so that we can take a harder look at the remaining ones and decide on our priorities, including deciding on which petitions we want to take further evidence.

The Convener:

That was my point about the away day. Consideration of the petitions cannot be done in any real depth in committee. We could today take a view on which petitions we feel merit further consideration. We could then defer the item until our away day, when we could discuss the petitions and how we will deal with them.

Perhaps we could appoint a couple of reporters to look into the subject and update the committee. I am conscious of the burden that would be placed on the committee if we were to sit twice a week, especially on members who sit on other committees. We need to decide how to deal with petitions so that they are not just shuffled around. I suggest that we deal with today's petitions and decide which we want to consider in more detail. We can, at our away day, discuss how we should deal with petitions in terms of the committee's work programme.

Mr David Davidson (North East Scotland) (Con):

I want to return to the convener's point about reporters. I think that I suggested once before that we should set up—on a cross-party basis—a standing sub-committee to vet petitions, so to speak. I am thinking of a sub-committee of two or possibly three members who could consider the petitions that come to us to decide whether they are worthy of the committee's consideration. It would then be up to the committee to decide whether a petition went further. Some petitions are repetitive. We are hearing evidence that some are being reworded and resubmitted—people have the time and spirit to get on and do that.

The Convener:

I agree fully. Every member is aware that we have not worked out how to manage the issue and that we need to be able to prioritise petitions. However, we have petitions before us today and the petitioners know that their petitions are due to be considered. I am in the committee's hands—we have 20 minutes in which to discuss petitions. We need to decide whether to pluck out certain petitions and deal with them today. We also need to decide whether to defer others so that, at our away day, we can consider how to prioritise and deal with the batch of petitions that require further investigation.

We should do that. We should go through the petitions today and decide which to examine in more detail at the away day. I suggest that we leave it at that.

The petitions are on the agenda; it is important that we go through them today.

I agree. It would be inappropriate for us not to do so.


Autistic Spectrum Disorder (PE452)<br />Psychiatric Services (PE538)


Autism (Treatment) (PE577)

Petitions PE452, PE538 and PE577 concern autistic spectrum disorder. Members have paper HC/S2/04/18/6 in front of them. I invite comments on the petitions.

Mike Rumbles:

The paper says that the Executive does not support proposals to set up an autism-specific facility and that its preference is for a managed clinical network that would provide better multi-agency care and support. The petitions make reference not only to services but to research. That is the issue on which we focused the last time we discussed the petitions briefly.

A couple of professors came to talk to me yesterday in my constituency on the subject of the petitions. They want to set up a research centre in Aberdeen that would act as a UK centre. The professors could not be at the committee today, but they asked me to pass on their suggested approach to our consideration of the petitions—which I am aware were not submitted by constituents of mine. Instead of our looking at the research that is done on a UK-wide basis, the professors suggest that we focus on the research that is available in Scotland. It is important that that initiative is supported.

The petitioners call for a Scotland-wide approach to autistic spectrum disorder, for a Scottish treatment facility and for Scotland-wide research; however, the Executive's view is that it wants to decentralise services. There is a middle ground between the two approaches: we could do a little more work on that without closing the matter down.

The Convener:

You focused on research, but I have concerns about the way in which adults who have ASD are managed in the system. That management seems to be very ad hoc and in some ways casual, in that patients are referred to mental health services without consideration being given to the nature of their particular disorders.

I make no special plea. Do members want to defer consideration of the petitions and to include them in the group of petitions that we will consider taking a step further? We are perfectly entitled to consider all the petitions and then to take a measured view—I am open to doing that. We can discuss the various petitions one at a time and then collectively, and we can then decide how many petitions we can consider, which we will prioritise and for which we will appoint reporters. That would not mean that nothing would happen in relation to the petitions that were not chosen, but it would give us a starting point. Are members happy to take that approach?

Members indicated agreement.

Mr Davidson:

The two gentlemen who went to see Mike Rumbles yesterday are probably the gentlemen who have visited some of us in Parliament during the past few months. My impression is that the door is partially open to possible benefit from research. It might be useful to consider that.

We can accept the clerk's recommendation and we can ask the two fine gentlemen who found their way to Mike Rumbles and David Davidson to make further representations to the committee.

Do you mean oral representation?

No. The paper from the clerks suggests that we await a response from the petitioner to the Executive's funding announcement. Have we received a response?

The Convener:

We have a response from one of the petitioners, but we await comments from the petitioner who lodged PE452 and PE538. We could accept option 1 in the clerk's paper, which is to await

"the comments of the petitioner for PE452 and PE538 on the Executive's funding announcement".

We would then have the package and we could take the petitions—and any others that we decide to take—to our away day and decide how to deal with them. That decision could provide a model for our approach to other petitions.

We have to decide whether to take the petitions to the away day.

The Convener:

No. I propose that we take the petitions to the away day to discuss how we will deal with them. It would obviously be inappropriate to do everything in private, but we could discuss the ramifications for the committee's time, rather than the value of the petitions, at the away day—

That would be a starting point, but we would have to—

The Convener:

After the away day, we could bring back all the petitions that we had discussed and we could deal with them in an open forum, at which members would be free to make comments. I am just trying to manage our time.

We will write for comments. During the summer recess we will receive further comments from the petitioner who has not yet responded, which will form part of the material that we discuss.

The petitioner has a responsibility to contact us, does he not?

Yes, absolutely. I am sure that he is paying attention to what we are saying.


Aphasia (PE475)

Petition PE475 was lodged on behalf of Speakability. I refer members to paper HC/S2/04/18/7. I am having problems with this petition, too: I am having problems with all the petitions that we are considering.

Helen Eadie (Dunfermline East) (Lab):

I heard the petitioners give evidence at the Public Petitions Committee about services for people who suffer strokes and for other people who have aphasia. We should add the petition to the group of petitions that we will consider for prioritisation when we establish our time commitments.

I agree with Helen Eadie.

I am concerned that the Executive has no plans to record aphasia specifically. I would have thought that such records would provide important data.

One of the options for consideration from the clerk is the recommendation that we take up the petition as an inquiry.

Another one.

We could consider doing that. We must be consistent.

We will consider the petition at the away day.

The clerk recommends that we have an inquiry.

We make the decisions.

There is no point in the clerks working on a matter for weeks and months and making recommendations to us about it if we are just going to throw it away.

I was not suggesting—

I am trying to assist us in our difficult task.

The petition raises issues about simple data recording and I am not content with the Executive's response on the matter.


Digital Hearing Aids (PE502)

The Convener:

The next petition is PE502, which was submitted on behalf of the Royal National Institute for Deaf People Scotland. Previously, we took a decision in good faith but, on looking back on the correspondence, it appears that the Executive's answer complied with the requests that were made. What are members' views on that and on the recommendations that have been made?

I am not sure that any further action is required, as the petitioner's requests seem to have been replied to.

Are members content to close petition PE502?

Members indicated agreement.


Mental Welfare (Complaints Procedure) (PE537)

The Convener:

Petition PE537 is on the performance of the Mental Welfare Commission and the health ombudsman in handling complaints. Paper HC/S2/04/18/9 makes an interesting recommendation about the Scottish public services ombudsman. It suggests that the committee could

"invite the Ombudsman to provide the Committee with further information on the work of the Office of the Ombudsman".

The public services ombudsman has been in post for only a short time. If members are content with the recommendation in the paper, there could be an informal briefing to the committee. I am in the hands of the committee, but there could be a pre-meeting briefing one Tuesday, subject to members' time.

Helen Eadie:

There is a national ombudsman organisation—perhaps we could write to it for its views on the petition. I went through a pile of papers at the weekend and was interested to learn that such an organisation existed. It has a track record and knows what procedures should be in place. It would be good to ask it for its views on the petition and to have a briefing after the recess.

Are you talking about the Scottish Public Services Ombudsman?

No. I am talking about the national organisation in London, which comprises representatives of the legal profession from throughout the United Kingdom.

As public services are a devolved matter in Scotland, I would first like to hear what the Scottish public services ombudsperson has to say.

I am not saying that we should consider the national organisation's views in isolation, but that we should consider them with other views because it will have set out criteria.

Mr Davidson:

Professor Alice Brown's position is now much more stable in that the various offices have now come together under her office. However, in responses to me on a number of issues, she has flagged up that some procedures that were in place in the past have been reviewed. I do not think that many of us know what the changes are.

Subject to members' diaries, can we arrange an informal briefing with the Scottish public services ombudsman? That would be useful for us as MSPs in any event, let alone for us as members of the committee.

There should be a briefing as per the recommendation, and not just on the petition.

The paper suggests that we could, if we proceed in that way, take no further action on the matter and close the petition. Do members agree to that approach?

Members indicated agreement.

I would still be happier if we wrote to the organisation that I mentioned. I can supply its address and details. It will have set out criteria relating to what we should expect. To write to it would do no harm.

Can we invite the Scottish Public Services Ombudsman to the committee first? That would be courteous. We could invite somebody else after that, if members wanted to do so.

I was not asking for a representative of the organisation that I mentioned to come. I simply wanted written information.

I have no difficulty with that proposal, but I would like to have a briefing. Are members content to close the petition on that basis?

Members indicated agreement.


Eating Disorders (Treatment) (PE609)

The next petition is PE609, which calls on the Scottish Parliament to ask the Scottish Executive to address, develop and fund specialised treatment of eating disorders in Scotland. I have concerns about this petition, too.

Mike Rumbles:

Mrs Smith is a constituent of mine. She came to see me on Saturday, as she cannot be at the meeting, and asked me to say that although she appreciates that we must prioritise, she thinks that the issue is a life-and-death issue, whereas some petitions do not involve life-and-death issues. I said that I would make her comments known to committee members at today's meeting. Mrs Smith is also a constituent of David Davidson, of course.

I thought that the letter from the consultant psychiatrist, Dr Harry Millar, was very telling.

Members know my interest in the matter. If a consultant is prepared to go on record with such information, we are almost obliged to hear evidence from him.

The Convener:

I do not know what members think, but I think that the response is detailed and considered—I hope that I am not being patronising in saying that—and that the issue is one of those issues that we glide over a little. Are members content to continue our consideration of the petition and to come back to it?

Members indicated agreement.


Hospital Closures (Public Consultation) (PE643)<br />Health Service Configuration (Consultation) (PE707)

The Convener:

Petitions PE643 and PE707 are dealt with in paper HC/S2/04/18/11. Petition PE643 is about public consultation on proposals to close hospitals that have obtained public funding through fundraising. Petition PE707, which is from Professor Young, is about the use of guidelines and the selection of expert advice on hospital closures or "shrinkages", if we may call them that.

Janis Hughes (Glasgow Rutherglen) (Lab):

When first we considered the petitions, we agreed to take evidence from the Minister for Health and Community Care as part of the evidence that he was going to give on the national framework for service change. The suggestion in the paper is fair enough because consultation on the matter is on-going within the NHS. I do not think that there would be any problem with our writing to the minister to request more information on opportunities for the public to participate in such consultation. I know that the minister is still deliberating on consultant-led maternity services in Glasgow, so any pre-emption of his decision would be wrong.

Mr Davidson:

Although Dorothy-Grace Elder's petition—petition PE643—is specific to a certain group of hospitals, I do not know of any hospital that has not had public funding in another way. The petition is really about consultation in general. I wonder whether that will be part of what we do in our inquiry.

The Convener:

Are members content with the second recommendation and with the suggestion that we absorb our consideration of the petition into our inquiry? That we would mean that we would close our consideration of the petition.

Members indicated agreement.

We could make it clear that we recognise the difference between consultation when a service is being closed down and on-going consultation of patients that is mentioned in the National Health Service Reform (Scotland) Act 2004.

I want to clarify that we will write to the petitioners to make it clear to them that their evidence will be used as part of the inquiry.

Absolutely.

I suggest a brief suspension until 8 minutes past 3. That will give members a couple of minutes to get back into their seats for the New York videoconference link at 3.10.

Meeting suspended.

On resuming—