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Chamber and committees

Public Petitions Committee, 29 Sep 2004

Meeting date: Wednesday, September 29, 2004


Contents


New Petitions


Fire Control Rooms (PE765)

The Convener:

Item 2 is consideration of our new petitions, the first of which is PE765 from Jim Malone, on behalf of the Fire Brigades Union Tayside. The petition calls on the Parliament to urge the Executive to ensure the retention of eight fire control centres in Scotland. Jim Malone is present to give evidence in support of the petition, together with Libby Logan and John Duffy. Welcome to the committee. You have three minutes in which to make a verbal submission, after which we will ask questions.

Jim Malone (Fire Brigades Union Tayside):

On behalf of the FBU Tayside, I thank the committee for considering our petition for the retention of the eight fire control centres within the eight brigade structure in Scotland. Emergency fire control centres provide a highly skilled, experienced work force whose talents have been recognised by Audit Scotland as providing the best value-for-money public service in the United Kingdom. Our petition, which is in response to the Scottish Executive's much-maligned Mott MacDonald report, emphasises the level of disquiet that exists among all fire service stakeholders.

Mott MacDonald has put together a package of exaggerated savings, has underestimated costs and has failed to understand the true nature and range of the work of emergency fire control centres. Indeed, we believe the report to be so dangerously deceptive and inaccurate that the Executive should acknowledge the contents of previous, unbiased reports, such as the UK pathfinder report "In the Line of Fire" and "The Future of the Fire Service in Scotland". Those significant reports supported the retention of the current number of brigades and emergency fire control centres and, significantly, had the support and co-operation of all fire service stakeholders.

Our petition asks the committee to support the current arrangement of the eight brigades and emergency fire control centres, as they provide outstanding service for the people of Scotland. If the Mott MacDonald report were implemented and emergency fire control centres were centralised, regionalised or merged into one, two or three centres, there would be a reduction in the number of emergency fire control centre operators handling an increased volume of calls, resulting in a reduction in the intervention time window. The shorter the time from the emergency occurring and the call being received and handled, to the arrival of sufficient resources to undertake emergency operations, the longer the window. Any reduction in the intervention time window would dictate that more people would die in fires and other emergencies. That is contrary to the wish of the Executive to deliver true improvements to fire service delivery.

Mott MacDonald acknowledges the diversity and uniqueness of Scotland's culture, geography and language, yet it totally disregards the importance of local knowledge. Front-line firefighters rely on pinpoint accuracy when attending emergency incidents, and emergency control centre operators use local knowledge to direct appropriate resources to each incident, using fire survival guidance to save lives time and again. Scotland's emergency fire control centres should be supported by this committee. The fire service continues to improve, develop, modernise and adapt to new technologies, delivering best-value service to its communities. Please support our petition and help us in our fight to provide an improved fire service in Scotland.

We are joined by John Swinney, who would like to add a few words.

Mr John Swinney (North Tayside) (SNP):

The day before the worst of the flooding problems that we experienced in Tayside in early August, I visited Tayside's fire control centre. I was struck by two things. First, the significance of the depth of local knowledge that was retained by the people who were operating the fire control centre that day—in a large rural area, such as the one that I represent, that is of fundamental importance. Secondly, to my layman's eye, the intensity of the pressure under which those people were operating at a time of high demand on the service was quite beyond comprehension. Based on what I saw that day, I believe that, if a number of incidents happened throughout Scotland, the strength and speed of the response would be diminished if there were only one, or even three, fire control centres in the country.

I support the petition. Without misquoting anyone, it is fair to say that, although the FBU is presenting the petition today, there is broad political and stakeholder support for the position that has been outlined this morning.

Ms White:

I am concerned about the loss of local knowledge that might result if there were only one, or even three, fire control centres. I am also concerned about the time that it might take each fire brigade to travel to incidents if there were centralised fire control areas, given the geography and, perhaps, the bad weather.

Perhaps I could offer an illustration of the sort of problem that has been described. When my car broke down on the Erskine bridge after the Automobile Association moved down south, the person I talked to did not even know where the Erskine bridge was. Do you have anything to add to that?

Libby Logan (Fire Brigades Union Tayside):

One of the problems of having a centralised control centre would be the difficulty in ascertaining where the person was. Many addresses are similar and when someone is in a panic, as they often are in a fire situation, they might not give you the perfect address. In a larger control area, the operator would have to do further interrogation, which holds up the mobilisation of the service, which means that it will take them longer to get to the scene. In a fire situation, the sooner the service arrives, the better.

Local fire control centre operators also understand the distances that appliances might have to travel. For example, they will know how far it is from Pitlochry to a road traffic accident somewhere on the A9. An operator in a bigger control centre could not possibly retain local knowledge about everywhere in the area that they deal with and the computer would not necessarily make the right decision.

John Scott (Ayr) (Con):

You mentioned the UK pathfinder report. Could you comment on its findings compared to those of the Mott MacDonald report, which you say is discredited?

It strikes me that operators in a central fire control room might have difficulty understanding regional accents. Someone from Aberdeenshire might not understand a Glasgow accent and vice versa. In that regard, it is worth noting that, when people are in a panic, as they would be in a fire situation, they tend to go back to their local dialect. I would be interested in your comments on that.

John Duffy (Fire Brigades Union Tayside):

The Government-sponsored reports that we alluded to in our statement, the most recent of which was published in 2002, have said that the status quo—eight brigades and eight fire control centres—should be retained. We point out that, just two years after the most recent report, Mott MacDonald has completely changed the Executive's opinion.

I agree with your point about regional accents. In Scotland, people's accents and language are quite distinct. Gaelic place names are an issue, especially in the Highlands and Islands. Getting someone outwith a particular Highlands and Islands district even to understand such a name can be difficult and there are local nicknames for places that do not appear on the map. Such knowledge is passed down from generation to generation in a control room and it could not possibly all be recorded on a computer. There is a temptation to say that technology is the answer to everything, but we simply could not programme in all the knowledge that the control operators keep.

John Scott:

Have you any anecdotal evidence from your colleagues in the other emergency services on how the centralisation of their services is affecting the response time? I am thinking of the ambulance service in particular and I know that police response times are perhaps not all that the people who wait for a response expect.

Jim Malone:

We distinguish between what we do and what the ambulance service and the police do, because fire control centres deal with every 999 call in the same way—the same attention and care is paid to each call. There is no prioritisation of calls, as happens in ambulance and police control centres. Prioritisation means that calls are left unattended. During the firefighters dispute, the same thing happened in the joint operating centres: 40 per cent of all calls received no attention. Fire service control centre operators answer every call with the same care and treat them all as being equally important. We are quite happy to put our record up against those of the ambulance service and the police control centres. We do not want to go down their road.

Jackie Baillie (Dumbarton) (Lab):

The Mott MacDonald report has received wide criticism from several quarters. Very few people, including me, are persuaded that one control room would be adequate.

I want to test what you are saying against some of what the Justice 2 Committee has been hearing. People have talked to that committee about resilience and new dimensions work, which amounts to an expansion of what the fire service does. There is a recognition that some of the control rooms could be targeted or could crash. We have one major control room in Strathclyde, which handles 48 to 50 per cent of all calls in Scotland. If something happened to that control room, is there another control room that could cope adequately with the task of absorbing those calls? I do not think that there is.

John Duffy:

The Strathclyde fire brigade area is bordered by four other fire brigade areas and any decision to share out calls would be determined by which area the work could be shared with. Such arrangements are already in place. During the flooding to which John Swinney referred, our brigade used resources from Fife, Grampian and Central Scotland fire brigades. There is a system in place at the moment.

In New York, after what happened on 9/11, the decision has been taken to move from having one central control room to having five of them, so the idea of putting all your eggs in one basket does not sit evenly with the concept of resilience.

Helen Eadie (Dunfermline East) (Lab):

Along with Westminster colleagues, I visited FBU representatives in Fife to hear their representations. Will you expand on the significance of the new technology that you have for the taking of addresses from very distressed people? We were shown the integrated risk management plan—I think that that is what it is called—that you have on computer, which contains very detailed knowledge. I am not coming down on a particular side of the argument; I am trying to get at whether the new technology overrides some of the arguments that you are making. During my visit to the local fire brigade headquarters, I was shown that by pressing a button one could get detailed information to pop up.

Libby Logan:

Operators need to be able to get the address out of the person in the first place, which can be very difficult to do in a panic situation. Often they need to ensure that they are hearing the correct address. Operators in a larger control room may not be aware of other possible spellings for that address. The technology is very good when it works, but people are needed to operate it. I am not saying that we cannot operate it, but the greater the choices that are available, the greater the possibility of a mistake.

Campbell Martin (West of Scotland) (Ind):

What is your opinion of a Scotland-wide control centre? You mentioned difficulties with local accents and places that may not appear on maps. If a national control centre received a call reporting a fire at a place called Third Park cottages, which is a wee group of cottages that probably does not appear on a map, would it know that the site was within a mile of a nuclear power station?

John Duffy:

I hazard a guess that it would almost certainly not know. In that situation, the control operator would need to spend a lot more time figuring out which brigade area was affected. At the moment operators occasionally come across addresses that they do not know and have to locate, but that would happen much more often in a national control centre. After working out which brigade area was affected, they would need to decide which was the nearest fire station and what response they should send. All of that takes up time. We refer to the intervention window, which is determined by the time from the call coming in to the fire engines turning up. If that time between call and response is increased, people's chances of surviving an incident are diminished. Whatever we can do to increase the intervention window benefits the caller, because they are the person trapped. The sooner the fire engines get there for them, the better. In a local control room, where operators have local knowledge, far fewer supplemental questions are asked.

Mike Watson (Glasgow Cathcart) (Lab):

I have a couple of questions about the attitude that you highlight in your papers about the Mott MacDonald report. You say that it did not consider the issue of return to duty, that it failed

"to understand the role of control rooms and the role of firefighters"

and that it failed to mention the skills of control room staff. I apologise for missing the start of your evidence, when you may have covered this point, but did the consultants meet the FBU when carrying out their survey? Did they ask you how things operate and take evidence from you? Did you submit written evidence to them?

Jim Malone:

It is important to note that Mott MacDonald spent on average about 30 minutes in each control room in Scotland. The FBU produced evidence covering all the points that Mike Watson has mentioned. The Mott MacDonald report was published for England and Wales, but the Executive is implementing its recommendations. We do not think that the report takes into account the diversities in Scotland. Those are recognised at the start of the report, but they are not addressed in the findings.

Scotland is unique. Fire Brigades Union members and control room operators are looking to the Executive and the Parliament to show that uniqueness and to see that Mott MacDonald does not represent the people of Scotland or what happens in fire control rooms in Scotland. Fire control rooms in Scotland are unique, and we want to retain their diversity. We say that the report is much maligned, because every stakeholder who has appeared at meetings of the Justice 2 Committee that we have attended has spoken against Mott MacDonald, with one maverick exception. They have spoken in favour of the existing eight control rooms and brigades.

This is a resilient system that works. There has been no pilot and there is nothing to show that the Mott MacDonald recommendations will work if implemented. The current system works, and we are here to argue for it.

Mike Watson:

But the views of Scotland, as it were, have not been identified in the report strongly enough to highlight such differences. Did you feel that the FBU—in Tayside and Scotland-wide—gave Mott MacDonald the information that would have allowed it to come to the conclusion that you are recommending now?

John Duffy:

That kind of information would be openly available. We will speak to anyone about the future of the fire service. Information was certainly submitted to Mott MacDonald; however, most of what appears in its report is simply a copy of its England and Wales review, which concluded that the service must regionalise. As a result, if it carried out the same review in Scotland and came up with any other answer, it would contradict what it said in its earlier report.

The FBU queried and objected to the choice of Mott MacDonald, but it was ignored and the decision was carried through. Mott MacDonald's report on Scotland is basically a photocopy of its England and Wales report and takes no account of our separate identity or the specific problems that we face.

Did the Scottish fire brigades and fire boards represent Scotland's distinctiveness when Mott MacDonald invited them to do so?

Jim Malone:

Their responses to the Fire (Scotland) Bill and the Mott MacDonald report have been as one. We feel that two or three boards might have been pushed in a certain direction. After all, boards that said that they did not want a system of three controls might not get one of them. In this respect, I am thinking in particular of Lothian and Borders and Grampian. We know that we had support in those authorities.

We feel that we should keep the system of eight brigades, because it works. In his evidence to the Justice 2 Committee, firemaster Williams of the Chief Fire Officers Association Scotland said that if the number of control rooms were reduced to three, two or one, resilience would be lost and the number of brigades would then have to be reduced to three, two or one. We are not simply arguing that the number of control rooms should be retained; we are arguing for the future of the service in Scotland.

So management and staff in Scotland differ in what they would be prepared to accept at this stage.

Jim Malone:

No. As the Official Report of the Justice 2 Committee shows, our management, the firemasters and CFOA fully supported the retention of the eight control centres alongside the eight brigades. At the moment, the command and control structure is one control for one brigade. That is how the system works.

You might or might not be able to answer this final question. What is driving the Mott MacDonald report? Is it simply cost savings? After all, I have seen your figures comparing the fire service with the police and ambulance service.

Jim Malone:

You are exactly right. The report is an Exchequer-run exercise to save money. However, as our witnesses pointed out in the Justice 2 Committee, the amount of money that Mott MacDonald says will be saved has been highly exaggerated.

So is the conclusion that, because money has to be saved, time will be of the essence and that, ultimately, lives will be lost?

John Duffy:

There will be a straight trade-off between costs and lives. Last year, the fire death rate in the UK increased. This is not the time to be making cuts in the fire service.

Members have had the opportunity to question the witnesses. I now seek members' suggestions on what we should do with the petition.

Jackie Baillie:

Given that the Executive will make a decision on this matter soon, and that the Justice 2 Committee has come to the end of its evidence taking, I wonder whether we should do a number of things. We should write to the Executive to indicate the concerns that have been expressed and send a copy of the petition to the Justice 2 Committee for its information. At a subsequent meeting, the committee will pull together the evidence that it has received and reach conclusions for its stage 1 report. As a result, it might find it useful to have the petition in front of it.

John Scott:

I wonder whether it would make sense to suggest that we in Scotland commission our own report into the future of the fire service. I realise that we have not discussed that idea with the FBU representatives, and I do not want to reopen the discussion.

Nor would I want to pre-empt what the Justice 2 Committee is doing.

I am not aware of what the Justice 2 Committee is doing.

The Convener:

We are considering the petition and I am trying to find ways to address the concerns that have been raised and find out with whom we can raise them. Jackie Baillie has suggested that we send the information on our discussion to the Justice 2 Committee for its information, but we also want to know whether the Executive knows about the information that has been presented. Given that it has been said that management and staff are at one on the matter, it would be useful to get some written response from the Chief Fire Officers Association to accompany the information that we have received when we send it to the Executive.

Ms White:

I agree with what you and Jackie Baillie say. We should also ask the Executive for any comments that it has on the petition, particularly the allegation that the Mott MacDonald report did not address the Scottish perspective. I would like to go as far as what John Scott has said, but that is for another meeting, and I would certainly like some comments from the Executive on what the petitioners have raised.

Yes, we can ask for some kind of explanation from the Executive.

Forgive me for asking this, because I am new to the committee, but is it too early in the process for us to call people in to answer questions?

The Convener:

It is not common for us to do that, Rosie. We expect responses and, if we are not content with the responses and cannot find another way of getting to the bottom of an issue, we leave open the option of bringing someone in front of us. We must start a process, and I suggest that, to do that, we contact the Executive and ask for its comments on what we have heard this morning and on the concerns that have been raised in the petition.

Rosie Kane:

The reason that I ask is that I had dealings with Mott MacDonald over a report that it produced for the Scottish Office on the dumping of toxic waste in Rutherglen. Its work was seriously flawed on that issue as well; so for me, Mott MacDonald does not have a good track record. I would like to ask the company about issues of which it was clearly not made aware and to which the Executive might react, such as local knowledge and how it affects the length of the interrogation that is needed, as well as the uniqueness and diversity of Scotland. How do we fill that gap?

The way that it has been done before is to do exactly what you have suggested: write to Mott MacDonald and ask it to respond to the points that have been made.

Thank you.

Is it agreed that we write to all three—the Executive, Mott MacDonald and CFOA—to get the fullest picture that we can and get responses as quickly as possible before any decision is made on the matter?

Members indicated agreement.

Could we include the FBU in that?

The Convener:

We have had information from the FBU this morning and submissions from the petitioners. If we send all that information to the Executive and Mott MacDonald and ask them to respond to it, we can address the responses in due course.

I thank the petitioners for coming this morning. We will let them know what responses we receive.


Fatal Accident and Sudden Deaths Inquiry (Scotland) Act 1976 (PE767)

The Convener:

Our second petition is PE767, which is from Norman Dunning on behalf of Enable. The petition calls on the Parliament to urge the Scottish Executive to review the operation and effectiveness of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976.

Norman Dunning, the chief executive of Enable, will give evidence to the committee in support of the petition, accompanied by Elizabeth Mauchland. I welcome them to the committee. They have three minutes to make an opening statement, after which we will ask questions.

Norman Dunning (Enable):

Thank you for receiving our petition and giving us the opportunity to speak to it. Enable, as the committee is probably aware, is the largest Scottish voluntary organisation for people with learning disabilities and their families. I am the chief executive and Betty Mauchland, who accompanies me this morning, is one of our voluntary members. She is a member of our health and medical issues group but, significantly, she has personal experience of a fatal accident inquiry.

Our petition is perhaps wider than one might expect from an organisation such as Enable, as it goes beyond our immediate concerns about learning disabilities. It arose from our experience of supporting families in two fatal accident inquiries. One inquiry was into the death of Tracey Roberts and the other was into the death of Betty Mauchland's brother, James Mauchland. Both individuals had learning disabilities and died in hospital care. Our experience of those inquiries was, first, that it was a struggle to get an inquiry held because inquiries are not mandatory for people who die in hospital care. Secondly, the processes took a long time; the determination in the case of James Mauchland was reached some three years after he died. Thirdly, we do not know the cost to the public purse of such inquiries, although we know what they cost from our perspective. We guess that an inquiry costs between £100,000 and £200,000 as a minimum.

The process is adversarial; as Betty Mauchland will confirm, it is like being in a criminal trial. One feels that one is being disbelieved and questioned, even as a family witness. We are also concerned about the use of experts. In both inquiries, a number of people who were called to speak produced medical or nursing experts. That added to the cost, but it also led us to question some of the expert views, which seemed to us to be partisan according to which point of view the expert had been paid to represent. That does not seem to be the best way to get professional advice.

Then there is the cost to the individuals concerned. In both cases, the families ran up costs of £20,000 to £25,000. Legal aid is available in these circumstances but, as the committee will be aware, a lot of families will not be eligible for it. A cost of £20,000 to £25,000 is considerable for families who are expected to meet it themselves or who will need the assistance of an organisation such as Enable to proceed. However, the financial cost pales into insignificance when it is compared with the emotional cost and trauma for the families who are taken through the process. Put yourself in their situation: a close relative has died in circumstances that are questionable, worrying or concerning and the family has to go through a long process—in Betty Mauchland's case, it lasted three years—before there is a determination. During that time, they are subjected to lots of questioning and doubts and, at the end of the process, it is difficult to achieve the closure that one would ordinarily want on a bereavement.

Given all that I have said about the conduct of fatal accident inquiries, it seems incredible that the outcome has no legal force. A sheriff reaches a determination, but it is no more than a recommendation to an individual or a public body. Such determinations can be ignored; in the Mauchland inquiry, it was left to Betty, or to us as a voluntary organisation, to press for the recommendations to be implemented. There has to be a better way to do that and there must be a question in people's minds about the huge consumption of public resources that is required to achieve the ends.

We would like the support of the committee to examine the fatal accident inquiry process. We are aware, with due modesty, that we are talking only about our two experiences. We would like the committee to consider how the sheriff's recommendations at the end of what is a long judicial process could be enforced. Should the recommendations not have legal force? Under the Fatal Accidents and Sudden Deaths (Scotland) Act 1976, recommendations do not have legal force. When such recommendations are made, should there not be some means by which they are monitored to ensure that they are acted on? Should they not be dealt with in an arena in which it is not up to individuals or charities such as ours to try to pursue the recommendations?

Do members have questions for the petitioners?

John Scott:

Having gone through a bereavement in a hospital, I can identify with your comments and I know that there must be an emotional cost to going through such an inquiry. Like you, I find it hard to believe that the sheriff's findings have no legal status. How might the existing arrangements be improved?

Norman Dunning:

The inquiry should be inquisitorial rather than adversarial. Its purpose should be to find out what went wrong. The families' perspective is that they want to know how the situation might be avoided in the future. The current arrangements lead to a defensive response, perhaps because people are afraid that there might be further legal action and they might be sued. That does not help to get to the truth of the matter nor, which is important, does it help to prevent the situation from happening again.

In Betty Mauchland's case, it was never part of her motivation to sue anybody or to pursue them or to find blame. She simply wanted to try to put things right, but everybody went into a defensive mode to protect themselves, whereas they should have helped to find out how the same thing could be prevented from happening again to somebody else.

Betty Mauchland:

Under the current set-up, people are very defensive in FAIs. That has been my experience. The inquiry was about defending doctors and health trusts and minimising blame rather than about finding out what happened. In the end, it was distressing to watch. Going through an FAI is quite harrowing. For me, the grieving process is not complete three years after the death. When somebody dies, you expect that you will get closure, but I had to wait such a long time. The FAI lasted over a year and it sat for 26 days but, ultimately, its recommendations were not acted on. I am sorry if I am going off on a tangent and not answering the question directly, but I am telling you how I feel. I have never been in a place like this before.

Enable surveyed all the health boards in Scotland, but the one in Glasgow, which is the largest in Scotland, did not even respond. The recommendations were made over a year and a half ago. Why did I have to go through that to get the justice that I should have had?

I have not gone through an inquiry process myself. Was it worth it in the end? Would you do it again if you had known then what you know now?

Betty Mauchland:

I do not know. That is a difficult question to answer.

The FAI was started by a doctor who complained to the procurator fiscal. At the start, I did not know what I was going into. I had never been in a court before and I did not know court procedures; it was all new to me. The stress that I experienced between the initial information coming from the procurator fiscal that there might be a fatal accident inquiry and the inquiry taking place was quite harrowing as well. There was very little contact between the procurators fiscal and myself, and I had to deal with five procurators fiscal.

To answer your question, even though the process was harrowing and although the end result was not all that I had hoped for in terms of a legally binding determination, if the people here can make a difference and change things, I am glad that I did it.

Ms White:

You mentioned the fear that people will sue being a barrier in a fatal accident inquiry. Do you think that it is an issue that if we push this matter further, people may go ahead and sue? Do you think that, because of the barrier that the law and—as we are coming to see—health boards have between the public and themselves, they are not prepared to engage in the process? Do you think that if we did as you suggest, people would not need to pay the £20,000 to £25,000, as the matter would be covered by legislation?

You talked about monitoring. Would an independent body monitor the results? It seems crazy that a health board can get a recommendation and not even reply. Would it be an independent person monitoring that, or would it be health boards or the Parliament?

I know that that was four questions, but I was quite succinct.

Norman Dunning:

There are different ways of tackling this. One is to improve the current fatal accident process. In relation to that, there are two specific issues. Section 4(6) of the 1976 act makes provision for a sheriff to sit with experts—that is not the exact wording of the act. If that was made mandatory rather than voluntary, that would immediately get away from the business of everybody calling all their expert witnesses. The sheriff could sit with his own witnesses. If the sheriff then tried to establish what had happened rather than who was at fault, that would change the whole nature of the proceedings. We could change that part of the act.

The other way in which I would like the Parliament to consider changing the 1976 act is by making the recommendations of the sheriff binding. There would need to be some input from people who are skilled in the law—which I certainly am not—to see how that could be done. I think one could do that. However, the Parliament might want to consider whether the fatal accident inquiry is the right process at all, given what you have heard about the legal process. My suspicion is that, as long as it is a legal process, the sort of things that Betty Mauchland has encountered will happen. There will be delays and fear of a compensation culture. Perhaps the Parliament should give consideration to different ways of inquiring into things that have gone wrong to prevent their happening again, especially when public bodies are involved. I think that many people misunderstand families' main motivation, which is to prevent the same thing from happening to other people.

I am sorry, but I have forgotten the rest of your question.

I have forgotten what it was myself. No—I think that you have answered all my questions.

Jackie Baillie:

I echo the sentiments that other members have expressed. It must be very hard to lose a family member and then go through the process that you have had to go through. All credit must go to you for sticking it out, as that is important. I hope that we are not too terrifying.

Betty Mauchland:

No. I am settling down now.

Jackie Baillie:

That is good, but do not get too settled.

I would like to clear up one matter. I understand that a fatal accident inquiry does not determine legal liability for death, so any future judicial proceedings cannot be founded on the determination of a fatal accident inquiry. Therefore, if subsequent issues to do with compensation and so on are separate, it makes it even more worrying that the recommendations are not legally binding. If there is no connection between the two, the very least that a fatal accident inquiry should be doing is carrying things through.

I appreciate that you are not lawyers, but if you were to make the recommendations binding, would you make one agency responsible for seeing them through, or would you make a variety of agencies responsible, because a fatal accident inquiry will not relate to purely one agency? I know that you have given a number of examples, but who would you prefer to do the monitoring to ensure that recommendations are implemented? Is it a matter for the courts?

Norman Dunning:

Sitting in these grand surroundings, I think that my preference is for the monitoring to be done from here. It is for such a reason that the Scottish public wanted this body. We wanted a central authority that can look across organisations—one that can look into what public bodies do, but which also has powers beyond that. We would also like the monitoring body to be democratically accountable. So my preference is that the body be located here. My second preference would be to have somebody who is responsible to the Parliament.

Rosie Kane:

Thanks for coming today. You said that you had never been in a place like this. We do not often meet people like you, so thanks for talking to us about what you have been through. I have a couple of questions on the background. What were the recommendations from the inquiry? You said that there was no response from Greater Glasgow NHS Board, but did you get decent, interesting or useful responses from other health boards? Fatal accident inquiries look into the events leading up to and surrounding the death of an individual. Did the inquiry do that?

Betty Mauchland:

Sheriff Dunbar made 21 wide-ranging recommendations. Some of them involved training. Others involved appointing specialist nurses for people with learning disabilities, because the thing people with learning disabilities need more than anything else is stability. If you have ever been in hospital, you will know that you see a sea of faces. Lots of different nurses and doctors come in on different shifts. There is no continuity. The idea of appointing a consultant nurse in every health board was important, but it has not even been implemented in Tayside—and Jimmy died in Ninewells hospital in Tayside.

Although on paper Tayside NHS Board has done a fair amount of work in its action plan, some health boards—if they have done work—have not responded to Enable's survey. We made a reckoning a couple of weeks ago. It is worrying that the largest health board in Scotland ignored the question that was put to it by Enable. A number of recommendations were made. If the board had done anything, I would have expected it to respond.

What other questions did you ask?

The remit of a fatal accident inquiry is to examine the events leading up to and surrounding the death of an individual. Did it do that?

Betty Mauchland:

No, because I do not think that fatal accident inquiries do that. It is all about damage limitation. The inquiry does not consider the real cause of death. An inquiry should be an inquiry; it should explore as many avenues as it can to reach a reasonable answer. The inquiry into Jimmy's death took place over 26 days, which seems like a long time, but on some of those days the inquiry met for only an hour or less, so it did not explore all the avenues. The inquiry did not deliver, although it made recommendations that have not been implemented. The process was too adversarial and did not do what it was supposed to do. It should have been an inquiry into a death, but it turned into a case for the defence.

Helen Eadie:

I declare an interest, because my daughter is a procurator fiscal depute—do not let that put you off, Elizabeth. It is nice to see you here. You and Norman Dunning have raised serious issues, which give us real cause for reflection. When the meeting ends we will want to think further about what you have said.

A range of statutory agencies might have to have regard to a sheriff's findings. Is there an onus on such agencies to have an input to this whole vexatious question? I am thinking about the Health and Safety Executive and other statutory agencies, including the professional agencies that set standards for hospitals.

Betty Mauchland:

There are different approaches to fatal accident inquiries. If a fatal accident inquiry is held as a result of an accident at work, the Health and Safety Executive kicks in and, I suppose, monitors the implementation of recommendations. No such body exists in relation to deaths in hospital.

For clarification, would the sheriff's findings automatically be sent to the various agencies that might have an input?

Norman Dunning:

Not necessarily, unless the sheriff directed that that should happen. In the case of Jimmy Mauchland, the recommendations to health boards were specific and useful, although they perhaps did not go as far as we might have expected. However, as Betty Mauchland said, there was no mechanism even for their distribution to health boards. That happened only because we asked a member of the Scottish Parliament to lodge a question to the minister and the minister arranged for the recommendations to be sent to the health boards, which is a rather hit-and-miss approach.

Rosie Kane asked about feedback from health boards. Is there evidence that health boards have acted on any of the 21 recommendations that were made as a result of the case that you highlight? Health boards were not required to act by the FAI.

Norman Dunning:

Some health boards have taken action. Our survey sought to ascertain whether action had been taken. However, a voluntary organisation such as Enable can ask boards to tell us what they are doing, but boards should be required to provide that information to someone. As Betty Mauchland said, one of the largest boards has not replied to us, but it is not the only one. Some boards replied constructively and we will follow up what they are doing. We have suggested that boards that are demonstrating best practice should publicise their work among other boards, so that the exercise is regarded not as negative but as a way of tackling the issues. Enable, with the help of Betty and other volunteers, is happy to take action, but it should not be left to us to do so. There will be circumstances in which individuals have to attend inquiries without the support of an organisation such as Enable and will not be able to pursue the case in the way in which Betty has done.

Members have no more questions, so we will move to recommendations. What do members suggest doing with the petition?

John Scott:

It would make sense to invite the Lord Advocate, the Law Society of Scotland and the Scottish Law Commission to comment on the issues. Thereafter, we might refer the matter to the Executive. In the meantime, we can obtain an initial response from the bodies that I suggested.

Do we want to write to ask the chief medical officer for Scotland to explain why the Greater Glasgow NHS Board has not responded or why he has not directed it to respond to Enable?

Jackie Baillie:

I suspect that the Minister for Justice might be interested. I know that the committee cannot take up specific cases, but if we asked in general terms what the mechanisms are and used the case that we are discussing as an example, that might be helpful.

Are members happy with that?

Norman Dunning and Elizabeth Mauchland put their case forcefully. Is there a way to let the minister know what they said?

The Convener:

As a matter of course, we send the Official Report as supporting evidence to ministers or whomever we write to for responses. All such people receive copies of submissions and the information that we obtain at meetings.

Do we agree to write to the three bodies that John Scott suggested and to the minister for responses to the views that have been expressed?

Members indicated agreement.

I thank both witnesses for attending. Your evidence was interesting and I hope that the experience was not too harrowing.

Betty Mauchland:

Thank you.


Speech and Language Therapy<br />(Agenda for Change) (PE768)

The Convener:

Petition PE768, which is by Susan Bannatyne, calls on the Scottish Parliament to consider and debate the implications of the proposed agenda for change legislation for speech and language therapy services and service users in the national health service. Susan Bannatyne is present to give evidence in support of the petition and is accompanied by Nicola Orr and Judith Philip.

I welcome you to the committee. You have three minutes, after which we will ask questions.

Susan Bannatyne:

I thank the committee for giving us time. The three of us will share our opening statement.

The petition is a personal response to the proposed implementation of agenda for change for the NHS. We are all practising NHS speech and language therapists.

As members know, agenda for change aims to rate all NHS jobs in the same framework. A pilot year has just been completed in which agenda for change was tested in early-implementer sites. We recognise that agenda for change is an attempt to ensure equality of pay and conditions throughout the NHS and we value the positive changes that it will make for some staff groups but, after examination of the early-implementer reports, significant concerns remain for our profession. We are aware that other staff groups—administrative and clerical staff in particular—will also fare badly.

As far back as 2002, there were concerns that speech and language therapy would be negatively affected by agenda for change. In the early stages, the union signed off a set of job profiles for each profession. However, many speech and language therapists were unhappy with them and felt that they did not accurately reflect the knowledge and skills required for speech and language therapy posts. Comparisons with profiles for other professions increased concern. For example, pharmacists score more highly on communication than do speech and language therapists—the communication specialists. Profiles leave speech and language therapists unable ever to attain the highest level of knowledge and skills, unlike clinical psychologists, for example, whom a European court previously ruled as being of equal value.

Nicola Orr:

Our concerns have been raised through union representation at every level and through individual therapists contacting their MSPs, MPs, the Scottish Executive and the press, but we feel that those concerns have not been addressed adequately. We have prepared a document detailing our concerns, entitled "Information in Support of Petition", which you should have in front of you and which details the issues that we are asking the Parliament to investigate. Those issues include the fact that 30 to 50 per cent of speech and language therapists require pay protection, which would be lost should they move post or be promoted. Some speech and language therapists could face a salary drop of up to £10,000 a year and there could be knock-on effects of pay protection on opportunities for career progression, the balance of skills and experience within departments, recruitment, retention and morale. The younger generation of speech and language therapists see their career prospects vanishing before their very eyes.

Judith Philip:

Our issues with agenda for change are about more than just money. The loss of salary and the need for pay protection are concerns, but the greatest concerns are the consequences of that for career structure and, ultimately, for our service users. Our service users are individuals whose lives are affected profoundly by their difficulties. They are your granny who has had a stroke, your premature baby, your elderly neighbour with Parkinson's disease and your nephew with an autistic spectrum disorder. It could also be you. They are just a fraction of the individuals with whom we work—individuals who cannot take communication for granted.

Communication is at the heart of human interaction and, as speech and language therapists, we enable a parent to communicate with their child, an adult who has lost their voice box to speak again, a pupil to access the curriculum in a mainstream school and a stroke victim to eat safely. Those might seem like small things for those who can take communication for granted but we, as speech and language therapists, have the privilege of enabling people to find their own voice and to participate in the community around them.

We have made representations to the Scottish Executive about our concerns. I wrote to the Executive's Scottish pay reference and implementation group in August following the issuing of a joint statement that the pay side of agenda for change would go ahead subject to union votes. I received a response to that letter yesterday, copies of which are available through the clerk, which reinforced our concerns that the Executive is not addressing the key issues. We would like the committee to recommend investigation of the issues of levels of pay protection for speech and language therapists, the effects on career structure and on service users, the accuracy of the job profiles that were drawn up under agenda for change and agenda for change's effective reversal of the European court ruling on equal pay.

Thank you very much. We are joined this morning by Keith Raffan, who has expressed an interest in the petition.

Mr Keith Raffan (Mid Scotland and Fife) (LD):

I have constituents who have taken up the issue with me and who are concerned about the lack of progress that has been made. In a week I will meet some of the representatives who are here today to discuss how to progress the matter. My concern is about the avenues that the petitioners have explored so far. You say that you have contacted MPs and MSPs. You have raised three clear issues—career structure, levels of pay protection and the effect on client users. Do you feel that you have made progress or do you feel that you have been hitting your head against a brick wall?

Judith Philip:

We feel that we have not really made progress. Although I was pleased that SPRIG had replied to me, I felt that it was hedging on the issues. You will see from the letter that it makes points about the possibility of addressing concerns about matching an individual's job description with the job profiles. However, it does not address our concern that the profiles that were drawn up were not suitable and it does not acknowledge the huge effects that we think pay protection will have on career structure and service users.

I see from the papers that Amicus is one of the unions that are involved. I have read that it is analysing the results from the surveys that it has carried out. What other unions are involved? What are the trade unions saying?

Judith Philip:

Agenda for change will affect all NHS workers apart from dentists, doctors and some senior management. The unions for all other health professionals will therefore be involved. The two biggest unions concerned are Amicus and Unison. I believe that Unison is to recommend that its members vote for agenda for change. Although agenda for change is very likely to be voted through, we are concerned to ensure that it is the best that it can possibly be. We do not want to stop it just because of our issues; we can see that it is doing a lot of good, but we want to ensure that problems are ironed out.

Are there specific unions apart from Amicus that are directed at your area of work? Unison is a big public sector union; are there smaller unions that are aimed at your profession?

Nicola Orr:

It is just Amicus to which speech and language therapists are affiliated.

Has the union given you any direct response? Have you had any meetings with trade union officials to discuss the issues?

Judith Philip:

I am a union representative, although I am not, of course, speaking in that capacity now. We have taken our concerns to the senior representatives of the unions, but we were concerned enough also to raise the matter as individuals.

Ms White:

From what you have said, the pay situation is rather worrying, particularly in relation to your comments regarding the European courts. Five years down the line from 1999, some people are only just getting equal pay. You will, I hope, be able to give us your honest view on these concerns. I note that 98 per cent of speech therapists are women. You also mentioned that domestics, administration staff and secretaries, who are also women, are in the low-pay bracket. From your point of view—not as a union rep but as someone in the profession—does the fact that 98 per cent of your people are women have something to do with the low pay situation?

Susan Bannatyne:

We would like to think not. That is the most honest answer that I could give to the question. I sincerely hope not. Although the petition specifically mentions speech and language therapy, many domestic and clerical staff will suffer just as much as we will, if not more. They already have to deal with separate issues; for example, we are quite used to drawing up job profiles in our profession, whereas that is completely new for the domestic staff. We have to deal with that process as well as with the possible negative results at the end of it.

Ms White:

Perhaps you should be politicians—you did not give an answer, as I would see it. Your submission mentions non-statemented and non-recorded children, and it covers some of the reasons why attempts were made not to grant you equal pay. Could you elaborate on that? Is it being suggested that you are not treating as many people as you do treat because some of them are not recorded?

Susan Bannatyne:

That probably relates to the severity of the cases that are dealt with. Children who are statemented or recorded are probably at the most severe end of educational needs. That does not take away from the work that we do with non-statemented or non-recorded children. That might explain where that comment has come from.

Mike Watson:

I am very concerned about the contents of your petition. I should say at this point that I am a member of Amicus. I remember when speech and language therapists joined the union. There was a very long-running case that went all the way to the European courts concerning equal pay for work of equal value. I recall that it took about 10 years to go through. It seems that, on the face of it, the situation that you have described could unpick that. That is obviously a matter of great concern.

You mentioned Amicus and Unison. When you said that Unison was likely to advocate a vote in favour of agenda for change, I assume that that would mean the whole document. Am I right in thinking that the choice is either to accept or reject the entire document?

Judith Philip:

The Scottish Executive's August statement said that the pay part of agenda for change will go ahead as had been stated originally but that some of the pay and conditions parts, which were causing a lot of difficulties, would be put on hold. Those elements will go ahead however, and I believe that the ballot is on the package as a whole.

Mike Watson:

In any job evaluation exercise, there will be winners and losers—that is the nature of the beast. The additional information that you supply with your petition says that

"the basic pay of experienced therapists is set to be reduced by up to £10,000 per year".

Can you give me some idea of the pay scale that we are talking about? What are the figures at the top and the bottom of the pay scale?

Susan Bannatyne:

The bottom of the scale is approximately £18,000 a year for a newly qualified therapist and up to about £60,000 for people at management level.

So the drop of £10,000 would affect only the management level.

Susan Bannatyne:

It would affect the more senior staff.

Nonetheless, one sixth of someone's salary is a huge drop.

Susan Bannatyne:

The additional concern in that regard is that senior staff are closer to retirement age and, given that our pensions operate on the basis of final salary, the pensions of our most experienced staff will suffer as a result of the change. That concerns us greatly.

In general terms, what would be the effect on the starting salary?

Nicola Orr:

If pay protection came in, it is likely that more middle-of-the-road and senior therapists will stay in post because they will not want to move to new jobs or take promoted posts because they might get a lower salary and worsen their pension situation. That means that junior therapists will not be able to move up the career structure. We feel that there will be no throughput of staff.

We are already a shortage profession and, although we hope that people will continue to train as speech and language therapists, we do not know what the effect of the implementation of agenda for change will be in that regard.

Mike Watson:

You also say that the effects are "disproportionately devastating". Have the implications of the changes come out of the blue? As the process evolved, was not there an indication that you were likely to be hit particularly hard? I find it strange that, given that we are right up against the implementation date, the unions were not dealing with this earlier.

Nicola Orr:

You and us both.

Judith Philip:

As I said in our opening statement, there were concerns from very early on. People were not happy with the job profiles that were drawn up and there were concerns about the early implementation year. It has been difficult to get information about how we have been affected. We have been able to glean only scant information from the reports. Before we are asked to vote, we would like to have detailed information about how we will be affected.

Another of our concerns is that, because of the way in which the job profiles were originally written, the majority of speech and language therapists will be in the middle of the pay bands. That has implications for decisions about who takes on more senior roles and who has responsibility for various aspects of the service. That is a big concern.

Mike Watson:

I understand the points that you are making about blockage in the career structure of the profession.

Is there a private side? I presume that speech therapists work outwith the national health service and that they will not be subject to agenda for change. I presume that there would be an inclination for those trained in the NHS to leave the NHS—for obvious reasons, even though they might not want to—despite their having gone through several years of training.

Susan Bannatyne:

Yes, that is being joked about in speech and language therapy staff rooms throughout Scotland, but it is only half joking.

The time for joking is over.

Nicola Orr:

A recent phone poll was carried out by the Royal College of Speech and Language Therapists; 90 per cent of respondents said that they would leave the profession to pursue private careers if the changes were to occur.

John Scott:

Mike Watson has covered many of the points that I wanted to raise. However, I am particularly worried about the effect on recruitment. You outlined clearly what the effect would be on the highest-level salaries in your profession, but what would be the effect on average salaries and, in particular, the effect on new entrants to the profession?

Susan Bannatyne:

An on-going survey into recruitment and retention in the profession has been carried out every year for the past three years. As I understand it, this year's findings are that the situation is just starting to turn the corner and get slightly better.

As for the effect of agenda for change, new graduate therapists coming into the profession would receive a slightly higher salary than they do at present, so that looks like a good effect. However, as we have outlined, one is likely to be stuck at that salary; there will be no progression. At the moment, people who come into the profession can see how to work their way through, both financially and in terms of specialising and learning. It is likely that agenda for change will block that. The most likely outcome is that, even though new graduates might be slightly better off financially, they will be stuck where they are.

So there will be no career path?

Susan Bannatyne:

No—we would lose that.

Judith Philip:

I have been qualified for only a year, so I am one of the new graduates who could benefit now from agenda for change. However, I am so concerned about the situation at such an early stage in my career that I need to fight to do something about the profession that I have joined because it is a fantastic profession. That should demonstrate the level of concern.

So far, questions have understandably related to you as speech and language therapists and how agenda for change would impact on you. What would be the impact on the people who receive your services?

Susan Bannatyne:

I am a paediatric therapist who works in community services. We already have long waiting lists, so it can take up to a year before a person can get an initial assessment. That could be a one-off appointment; it does not mean that the person will return every week to work on any problems.

If fewer therapists come into the profession and we cannot fill jobs, it is logical that waiting times can only increase. The other impact on our clients would come from the skills mix. Although we complete a four-year degree to qualify, a lot of experience is also gained from working with colleagues. If we end up with more experienced staff leaving the profession to join the private sector or moving to other careers, we will run the risk of our clients not having such a good service.

Do members have recommendations for how we should deal with the petition?

If we ask the Minister for Health and Community Care for his comments, will we have time to do something about the situation, given that agenda for change comes into force on 1 October?

According to the information that we received this morning, implementation of agenda for change will be only partial; discussions about terms and conditions are on-going. I think that there is room for our input. Can that be clarified?

Susan Bannatyne:

I was just checking with my colleagues. As we understand it, implementation will take place in December, but conditions will be backdated to October.

So we have some time. That timescale would allow us to write to the Executive.

Judith Philip:

The matter has not been balloted by the unions yet. As Amicus members, we do not yet have a date for that, but we obviously hope that there will be scope to amend things, even after the proposal has gone through. I do not think that it would be the end of the matter just because it had been voted on. It certainly would not be for us.

Mike Watson:

I am happy enough to write to the Executive and I have seen the letter that Mrs Philip has given us today and the reply from the Scottish pay reference implementation group. I suspect that the Executive's opinion is that there has been a system, that it is objective, that there are winners and losers and that that is all that can be said. I think that it would be difficult for the minister to intervene at this stage, but we have to ask him whether he is concerned about the effects on NHS services for people who need the services of the women who are here today and their colleagues.

I suggest that we also write to Amicus and ask it for its interpretation. I think that it was making some sort of analysis of the proposals; we could ask for an update on that and for a formal statement of its position.

That was my point, convener.

We shall write to the minister and to the unions to get a clearer picture of where we are going.

John Scott:

Is there likely to be a group of people who could be classed as the recipients of your service and to whom we could also write? In terms of job protection, Amicus is the group to write to, but is there a user group, so to speak, whose members might have views on what that is likely to mean for them?

Judith Philip:

There is a range of user groups. Our service obviously splits into adult and paediatric services and I am sure that we can give you details of a number of user groups to cover the range of clients with whom we work and who might be able to comment.

It would be interesting to hear their assessment of the likely impact.

The Convener:

You could provide our clerks with user-group information. I think that it would also be useful to write to your royal college to hear its take on the situation. I know that writing to Amicus has been suggested, but as you are all members of the Royal College of Speech and Language Therapists. It would be useful to know what it thinks about the dilemma that you face.

Rosie Kane:

I have had language therapy, because I have nodules. I could see the witnesses looking at me because I keep clearing my throat a lot, and I get a row for that.

Given what Sandra White said about speech and language therapy having a predominantly female work force, I wonder whether it is a matter on which the Equal Opportunities Committee ought to comment.

The Convener:

Could we wait until we get our responses back? That might well be where we end up sending the petition, if we send it to a committee. Given the evidence that we have heard this morning, equal opportunities may well be an aspect of the case. However, until we get responses back from the bodies that we are writing to, it will be difficult to go to the Equal Opportunities Committee pre-emptively. That may be the course that we take, but we are at the stage of gathering information at the moment.

I am always jumping the gun, as you know. I am always in a hurry.

It is not a problem.

Is it the view of the committee that we should write to those bodies and get their responses to the issues that we have been discussing this morning?

Members indicated agreement.

I thank the witnesses for bringing their petition and for their helpful evidence this morning.


Voluntary Sector (Local Authority Funding) (PE762)

The Convener:

We come now to PE762, by James Clifford, on behalf of Craigneuk Development and Support Unit. The petition calls on Parliament to urge the Executive to review its guidance to local authorities on allocation of funding to the voluntary sector; in particular, the apparent emphasis on funding innovative or new projects at the expense of existing projects. The petitioners are concerned at the withdrawal of funding from the CDSU, which is a voluntary organisation that provides assistance to local unemployed residents in accessing education, training and employment opportunities.

The Scottish Executive is undertaking a strategic review of voluntary sector funding in partnership with the Scottish Council for Voluntary Organisations and the Convention of Scottish Local Authorities, and is in the process of agreeing a joint action plan, which is to be published before the end of 2004. Given that the committee is unable to become involved in the individual funding decisions of community planning partnerships, I suggest that we pass a copy of the petition to the Executive's strategic review of voluntary sector funding for information and that we close the petition. However, I do not want to do that until we have heard from Margaret Mitchell, who has joined us this morning to make a contribution in support of the petition.

Margaret Mitchell (Central Scotland) (Con):

I am grateful to the committee for affording me the opportunity to speak in support of the Craigneuk Development and Support Unit petition. Although the terms of the petition are probably self-explanatory, I think that it would be worthwhile for me to spend a minute or two on a couple of points that have wider implications for the voluntary sector in general.

The unit grew out of the work of a support or action group that was set up in Craigneuk to tackle anti-poverty issues. The group established the fact that there was a need to address the long-term unemployment of residents in the area and the unit was set up in 1991.

The unit has an excellent track record of success in the provision of education, training and opportunities for the unemployed. That success is evident in the fact that over the years it has been able to become to a large extent self-financing. It has entered into partnership with Motherwell College and other organisations and with Scottish Enterprise Lanarkshire for training contracts.

The main concern is that, despite the unit's proven track record and its ability to generate its own income, communicate successfully and provide successful outcomes against targets in terms of employment activities in Craigneuk, the local authority core funding that it relied upon has been withdrawn in favour of another organisation.

We need to consider the wider implications for organisations, including local citizens advice bureaux, of such a withdrawal of funding from an organisation with a proven track record, such as the CDSU. Sometimes a local authority will give all the money that it puts into training and information to its local CAB network, whereas other authorities seek to replicate CAB services. My contention is that, given the voluntary element of voluntary sector provision, it is not possible for authorities to replicate services with the same level of expertise, experience or value for money.

I want to mention not only the CABx but young carer projects, one of which operates out of Perth. Although projects such as the Perth and Kinross young carer project do excellent work, they are badly in need of the core funding that local authorities could provide if they were so disposed.

I ask the committee to consider the funding guidelines. That would be a superb move forward, which would give voluntary sector organisations a huge boost and would offer them a lifeline in the important work that they do.

The Convener:

Thank you, Margaret. That was helpful. I know of CDSU's track record, as it operates in a constituency adjacent to my own.

The Public Petitions Committee cannot consider individual funding applications. This type of issue has come before us before, but it is not our remit to sit in judgment on the funding decisions of local authorities or funding bodies.

In essence, PE762 asks the Executive to review its guidance, which is what the Executive is in the process of doing. Beyond passing the petition and the helpful comments that Margaret Mitchell has made about the issues that concern CDSU to the Executive, for it to feed into its review process, there is not much that the committee can do. Do members agree that that is what we should do?

Members indicated agreement.

I agree. Essentially, the situation is one of a new community partnership exercising choice. However worthwhile the group, sadly it is a loser in the process.

Members have agreed that we should pass PE762 to the Executive for information and close our consideration of it at this point.

That is helpful, convener. I am sure that that will help to raise awareness of the wider issues.


Sub-post Office Closures (PE764)

The Convener:

Our next petition is PE764, which has been submitted by Margaret Tait on behalf of the Stoneybank Tenants and Residents Association, Musselburgh. The petition calls on the Parliament to request that the Post Office considers sympathetically the needs and requirements of disabled and elderly persons who, in urban areas in Scotland, would be expected to walk substantial distances—sometimes in excess of 2 miles—as a result of the closure of certain sub-post offices.

The procedures used in determining the closure or relocation of a post office or sub-post office are set out in a code of practice agreed between the Post Office and Postwatch, the Consumer Council for Postal Services. The code specifies that proposals to close a branch must take into account a range of factors, including convenience of other branches and

"Facilities and access for disabled customers at other branches".

The Royal Mail is undertaking a programme of restructuring the urban post office network, which is expected to result in the closure of 3,000 urban post offices throughout the United Kingdom by the end of 2004. In its 2003-04 annual review, the Royal Mail states that it is

"determined that over 95% of our urban customers nationally will remain within a mile of a Post Office® branch."

In response to a parliamentary question on 18 March 2004, the Deputy Minister for Communities, Mary Mulligan MSP, outlined that the Executive has

"made £2 million available until 2005 to sustain and improve sub post offices in deprived urban areas."—[Official Report, Written Answers, 18 March 2004; S20-1559.]

Susan Deacon has joined us this morning, having indicated an interest in this specific case.

Susan Deacon (Edinburgh East and Musselburgh) (Lab):

As the member for Edinburgh East and Musselburgh, which includes the Stoneybank area that the petitioners are from, I appreciate the opportunity to comment briefly on the petition. The petition was sparked by the proposed closure of a local post office in the area. I should say from the outset that I appreciate that the committee has considered petitions on the subject of post office closures before. I also recognise, as the convener set out in his opening remarks, that there are procedures in place for deciding national policy on the matter—the legislative powers for which lie at Westminster—and for making decisions about individual post offices, which are taken by Post Office Ltd.

However, the petition raises specific issues that are particularly germane to the areas of interest and responsibility of the Parliament. The petitioners have placed particular focus on the impact of the closure of some urban post offices on elderly and disabled people. The Monktonhall post office is one of 21 offices proposed for closure under the network reinvention programme for the Edinburgh area—or the greater Edinburgh area, I should say, as Musselburgh sits outside the city. Six of those 21 offices are in my constituency. The Monktonhall office is a good example of a closure that would have a particular impact on elderly and disabled people.

The documentation on the Monktonhall office refers to the fact that it is located on a road that has

"a very slight slope down, towards the town centre."

I and other local people would describe it as a very steep hill up from the town centre. That is a general point, which relates not only to that one office. A serious matter to be considered whenever changes to local post offices are being contemplated is the practical reality of each office closure for elderly and disabled people. Issues such as gradient, as well as distance as the crow flies, are very real if one is in a wheelchair, if one is elderly or frail, or, for that matter, if one is pushing a pram. For those reasons, the petitioners were keen that the Scottish Parliament should do all that it can to ensure that their concerns are factored into decisions about local office closures. The local MP Gavin Strang and I have made those points in relation to the specific office, but there are wider issues, as the continuing process of network reinvention takes place and changes are made to the post office network throughout Scotland.

Given the Parliament's interest in social justice concerns and equal opportunities matters, the broader points that my constituents raise in the petition are of concern to the Parliament. Many of us have raised those wider points in previous debates in the Parliament and I would hope that, through this committee and in other ways, the Parliament and the Executive could play an appropriate role in ensuring that those concerns are addressed in shaping the future pattern of post office provision throughout Scotland.

Mike Watson:

Our papers quote the Deputy Minister for Communities as saying:

"we have made £2 million available until 2005 to sustain and improve sub post offices in deprived urban areas."—[Official Report, Written Answers, 18 March 2004; S20-1559.]

I know that we cannot get involved in individual cases, but perhaps Susan Deacon can increase my knowledge of Musselburgh, which is not as developed as it might be. Is this post office in an area of Musselburgh that is regarded as urban, or is it on the outskirts, in an area that is more rural than urban?

I am happy to extend Mike Watson's knowledge of the Musselburgh area any time he wishes. For the purposes of the Post Office's network reinvention programme, the answer is that the office is in an urban area.

Is the area regarded as deprived?

The particular office is not, to my knowledge, classified as an urban deprived office. Again, that is the Post Office's definition.

Mike Watson:

Therefore, that might disqualify it from a share of the £2 million—which is not a huge amount if it is to cover the whole of Scotland. I asked the question because I wondered whether the office would be able to benefit from that money.

I suspect that every member round the table has experienced the closure of an individual office in their constituency. The Post Office does not have a good record—in fact, it does not have any record—in overturning an original decision to close a post office after public consultation. It seems that the Executive is considering short-term assistance when post offices are closing; we should write to the Executive to ask whether the reinvention programme is being carried out in a manner that meets the aims not only of the Post Office but of the Executive. However, I appreciate that this is a Westminster issue.

Helen Eadie:

Hello Susan. Can you tell us about the wider financial services in Musselburgh? It compounds post office closures if local banks close as well, or open for reduced times. I recently met representatives of the Clydesdale Bank and the Royal Bank of Scotland to discuss the issue of moving bank accounts to post offices. If that happens, it helps to make post offices a bit more viable. The representatives told me that they were involved in developing such schemes with around 1,600 post offices. What is the situation in Musselburgh?

As we all know, a problem for older people is that they may not have access to internet banking. Furthermore, I believe that HBOS is moving towards selling all of its automated teller machines and that the people who are buying them are going to charge £1.50 for every transaction. That will diminish the income of pensioners.

Susan Deacon:

Because I understand the remit of this committee, I have been careful to speak in wide terms, rather than speaking too much about the local situation. However, I am happy to speak more about the local situation. As Mike Watson suggests, we all know of situations in which the wider social issues in relation to a decision must be considered. We have to consider more than simply a post office's location on the map.

In Musselburgh, the situation is less to do with the health, shall we say, or availability of other financial services and facilities, and more to do with the location of the particular community in relation to the town centre. The distance between the two and the gradient are important. There is a distinct community at the top of a hill—with its own little shopping area, including a post office—that is quite self-sufficient. It has a disproportionately high number of elderly and disabled people, because of the historical nature of the housing in the area. Therefore, taking the post office away has an especially severe impact on the individuals who live there.

A wider point that has not been mentioned—although I am sure that my colleagues have experience of this as well—is the fact that the post office is part of a small but varied mix of shops that serves a community. There is a real concern that taking the post office away from those shops will threaten the wider viability of the little shopping area that supports the community. Such issues of social need ought to be given proper weight in the decision-making process. The more that the committee can say to add its weight to that, the better.

As Mike Watson said, there have been changes to decisions. I know only the figures for the Aberdeen area, which is ahead of Edinburgh in the decision-making process, where four post offices were reprieved following the consultation process. The consultation process for the Edinburgh area closed last week. I hope that the Post Office will demonstrate that the process was meaningful and was not just a case of going through the motions. Very strong cases have been made in support of the Monktonhall post office and several other post offices, and I hope that that will be reflected in the Post Office's eventual decisions.

The critical point is that we cannot consider such issues simply in terms of the footfall through the post office or even in terms of pounds, shillings and pence. We have to consider the disproportionate impact on elderly and disabled people, as the petition says, and particular communities.

I hope that that answers Helen Eadie's question. The issue is the location of this particular community in relation to the town centre and the alternative receiving branches, as the Post Office calls them.

The Convener:

Let us move to recommendations, as we have addressed the issue of post office closures before. Mike Watson has suggested that we ask specific questions of the Executive concerning its policy agenda on social inclusion. It might be helpful for us also to write to other interested parties such as the Disability Rights Commission, Age Concern and Help the Aged to find out their perspective on how the programme is rolling out and the impact that it is having on communities in Scotland.

Jackie Baillie:

I suggest that we also write directly to the Royal Mail about its programme. It gave a commitment that 95 per cent of customers in urban areas would live within a mile of a post office, but that is clearly not the case for this community. We can ask for an update on where the Royal Mail is with that. Postwatch Scotland has been very helpful at a local level—certainly in my constituency—in challenging some of the decisions. This case is right up its street, so I recommend that we write to Postwatch Scotland as well.

In addition, when we contact the Royal Mail about the matter of 95 per cent of customers being within a mile of a post office, we could ask how many customers 5 per cent represents—those who will be outwith the mile—and where they are.

Yes. We can ask that question. Are members happy that we deal with the petition in that way?

Members indicated agreement.