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Chamber and committees

Communities Committee, 24 Oct 2006

Meeting date: Tuesday, October 24, 2006


Contents


Schools (Health Promotion and Nutrition) (Scotland) Bill: Stage 1

The Convener:

We move to item 3. I welcome David Cowan from the bill team; Maria McCann, who is branch head of the supporting for learning division; and Gerry Bonnar from the office of the solicitor to the Scottish Executive. Thank you for attending the committee.

I will start by asking you about the need for the Schools (Health Promotion and Nutrition) (Scotland) Bill. If the local authorities and schools around Scotland are widely embracing the Executive's hungry for success policy, why do we need the bill?

David Cowan (Scottish Executive Education Department):

Local authorities are widely embracing hungry for success, although the report by Her Majesty's Inspectorate of Education on the implementation of the policy in primary schools showed that implementation is patchy across Scotland. In the first instance, therefore, we want to ensure that there is a consistently high standard across Scotland. Also, as you will know, hungry for success covers only school lunches. We want to go further than that. We think that schools are implementing the policy well and have taken some steps forward, but we want to go further and cover all food that is provided in schools. Beyond that, we want to make health promotion a central purpose of schooling rather than the add-on that it currently is. In essence, we want to lock in the achievements of hungry for success and our health-promoting schools policy, build on the momentum and ensure that practice is raised to a uniform standard throughout Scotland.

The Convener:

How did the Executive consult on these proposals and whom did you consult? The committee is particularly keen to know how you engaged with the consumers of the legislation—the young people and children in our schools—to ensure that it will meet their needs and their aspirations to be healthy Scots.

David Cowan:

We consulted widely. We sent nearly 6,000 copies of our consultation document to a wide range of stakeholders, including schools, education authorities and others with an interest in education, health organisations and local authorities. There is a long list of other consultees, which I will not go into but which we can provide if you would like. We sent out nearly 6,000 copies of the consultation document, and the Scottish health-promoting schools unit and NHS Health Scotland organised further targeted events on our behalf. We also held two in-depth stakeholder meetings to determine what the key elements of a health-promoting school are and to consider the financial implications of the bill. From that, we ended up with 371 responses, of which 96 per cent were in favour of the proposals overall, although many made comments on certain aspects of the bill.

We wanted to get the views of young people, so we commissioned the Scottish Out of School Care Network to carry out a targeted consultation with primary school children. It organised five focus groups across Scotland, which were designed to be as representative as possible of primary school children in Scotland. The groups aimed to find out the children's views about school meals, food in schools and healthy eating rather than health promotion more widely. We also commissioned Young Scot to conduct an online survey of secondary school pupils, to which we received a very good response. There were 335 responses to that survey from 29 local authorities.

The consultation with the primary and secondary school kids reinforced the need for the bill. The consultation with primary school children was interesting, as it showed that most primary school children are aware of what healthy eating is all about and the need to eat five portions of fruit and vegetables a day. However, the children said that, given the option, they would choose unhealthy food. That reinforced the need for the bill. We were impressed with the number of secondary school kids who are positive about the proposals, although a few of them argued for maintaining the provision of unhealthy food in schools. That showed the progress that is being made, but it also reinforced the need for the bill.

Christine Grahame:

The policy memorandum states that the bill will

"Place a duty on the Scottish ministers, local authorities and managers of grant-aided schools to endeavour to ensure that all their schools … are health-promoting environments".

What does that mean?

David Cowan:

The consultation document discussed health-promoting environments, but we received a considerable amount of feedback suggesting that we may be confusing the issue in talking about health-promoting environments as opposed to health-promoting schools. We have, therefore, decided to revert to focusing on our health-promoting schools policy. A "health-promoting school" is defined as

"one in which all members of the school community work together to provide pupils with integrated and positive experiences and structures, which promote and protect their health."

Will the word "environment" be taken out of the bill?

David Cowan:

Yes.

Christine Grahame:

There are many new builds in the primary sector and there are issues to do with schools that are provided through public-private partnership schemes and the private finance initiative. For example, classrooms and gyms in such schools are sometimes smaller and there has even been an impact on ventilation in schools elsewhere in the United Kingdom. Will consideration be given to how new schools are built and whether the school's structure—I am avoiding the word "environment"—promotes health?

Maria McCann (Scottish Executive Education Department):

Yes. The Scottish health-promoting schools unit's publication "Being Well—Doing Well" explores the need to take account of health promotion in the context of new build or refurbishment. We have been in close contact with colleagues who work on the school estate strategy and the issue is acknowledged in work to develop the specification.

Many authorities, such as Scottish Borders Council, are building new primary schools. Are they aware of the document?

Maria McCann:

As far as we know, it has been sent to all local authorities.

The issue relates to my next question. What type of activities should schools promote? I am talking not just about the promotion of good food but about pupils' lifestyles.

Maria McCann:

A health-promoting school would adopt the whole-school approach that is advocated in "Hungry for Success: A Whole School Approach to School Meals in Scotland", so health promotion could permeate everything that happened in the school. Of course, the curriculum is key and issues such as healthy eating can be explored through all subjects. For example, physical activity and its implications can be considered in the context not just of physical education but of mathematics and science.

We encourage the active participation of pupils in considering the wider school environment, such as the playground, out-of-school activities and travel arrangements to and from school, which are important. Some schools have majored on physical activity and have taken action such as numbering stairs and providing pedometers. Such schools are very aware of health promotion in relation to everything that pupils do in the school day.

Christine Grahame:

We have talked about the issue in relation to school builds and you have mentioned the curriculum. What is the view of the teachers unions? I have two sisters who are primary school teachers, who tell me that a lot of material is thrown at them but they just want to get on with teaching.

Maria McCann:

We have had a positive response from the teaching profession. Health-promoting schools consider the health of all members of the community, including teachers. The Educational Institute of Scotland supports the initiative and has produced its own publication on health-promoting schools. There has been positive coverage of the initiative in TES Scotland—The Times Educational Supplement and we think that teachers regard it not as an extra burden but as being for the benefit of all.

Christine Grahame:

Attempts have been made to sell off school playing fields—or slices of them. If we want to provide a healthy environment for children, it is important that playing fields that give them space in which to run do not disappear. To what extent will consideration of such matters be fed into the system?

Maria McCann:

The benefit of the approach in the bill is that local authorities will be required to include health promotion in their improvement plans, so they will be accountable at strategic level. Authorities will have to take account of health promotion when they make decisions about how to deploy resources or what to do with local playing fields, which will link into school development plans. Health promotion will therefore be in the main stream of local authorities' strategies, which is the best way of providing safeguards in the context that you describe.

Patrick Harvie:

The underlying idea behind health-promoting schools is a fundamentally civilised one, but I wonder how the definition was arrived at. In the document that you mentioned, "Being Well—Doing Well", health is taken to mean

"physical, social, spiritual, mental and emotional well-being".

The bill states that health-promoting schools are those which promote the

"physical, social, mental and emotional health and well-being of pupils".

I would not disagree with leaving out spiritual health, which seems to get us into some deep philosophical areas, but I note the exclusion of sexual health, which is another health area that is significant to the Executive. The Executive's sexual health and relationships strategy has much to say about schools and young people. How did you arrive at the definition in the bill? Was thought given to the place of sexual health?

David Cowan:

You picked up the fairly obvious point that we did not want to get into the spiritual element of the matter in legislation. The definition was derived from the World Health Organization's definition, which was filtered through "Being Well—Doing Well", but we modified it slightly for the bill. Sexual health will be covered by the bill because health education is an essential element of health promotion and it will be picked up in the guidance.

It is difficult to pick up each and every element of health-promoting schools in the definition in the bill, but we will provide statutory guidance that will spell out in more detail each element that will be covered. You can rest assured that sex education, drug and alcohol education and a variety of other things will be covered in the guidance for health-promoting schools.

That is reassuring. Will the impact of the health-promoting schools initiative have any other consequences for the guidance? Have any other lessons been learned in developing the guidance?

David Cowan:

Yes. In the guidance, we hope to build on existing policy. We have already pulled together expert groups on physical activity and mental and emotional well-being as well as nutrition. Those groups are considering the various elements of health-promoting schools and they have examined existing policies and guidance. We hope that we can take forward any lessons that have been learned from previous policies.

Patrick Harvie:

You clarified the point about health-promoting environments, but the definition in the bill mentions the "environment and facilities" of a school. How will they be monitored? What work will be done after the bill is enacted to monitor a school's environment and facilities?

David Cowan:

We will be in discussion with HMIE, but it already considers a variety of things to establish whether a school is health promoting. We will look to see whether that approach is robust enough when the bill is enacted. If we need to make any changes, we will do so, but in essence HMIE asks a series of questions and uses a series of indicators to determine whether a school is health promoting. We will re-examine that approach and consider whether it needs to be changed in the light of the bill.

I assume that there will be a single set of guidance that applies to all schools.

David Cowan:

That is more than likely. Like other education policies, it will match the three-to-18 curriculum. However, we recognise that some elements of it will not be appropriate for three to five-year-olds, five to 12-year-olds or whatever. It will be tailored for each level of schooling to make sure that it is appropriate.

So there will not be separate guidance for denominational schools.

David Cowan:

No.

What progress have schools made in implementing the current non-statutory nutritional standards?

Maria McCann:

We have been monitoring progress through HMIE inspections. HMIE has associate nutritional assessors who are specialists in the field. They have reported that the quality of the food provided and the nutrient standards in the primary sector were good in most of the schools that were inspected—they used a four-point scale in which "good" is the second level and "very good" is top of the scale. There was some way to go because standards were not uniform across all the schools that were inspected. However, HMIE picked out nutrient standards and the quality of food provided as one point on which progress had been made.

That leads me on to my next question. What are the benefits of giving nutritional standards a statutory basis?

Maria McCann:

It sends the message that the nutrient standards are not optional, will not go away and have to be paid attention to because they are so important for health.

Why then will the new legal obligation to meet the nutritional standards apply only to local authority and grant-aided schools but not to independent schools?

Maria McCann:

The obligation to meet the standards will apply to independent schools where a local authority is purchasing a place for a pupil, but such pupils are a very small minority. We consulted on the coverage of the obligation and were advised that the independent sector should have as little legislative burden placed on it as possible so that it can maintain its independence. Some consultation responses raised that issue, but it was not enough to make a change to the bill.

David Cowan:

Essentially, it is not normal practice for the Executive to impose legislative burdens on independent schools as, by their very nature, they are independent. That is Scottish Executive policy. The main reason is that we do not provide funding for meals in independent schools; such funding is the tie that we have with local authority schools that we do not have with independent schools.

However, we do not want to ignore pupils in independent schools, so we have been in touch with the Scottish Council of Independent Schools to talk about the bill. It is actively encouraging the schools that it represents to implement the hungry for success approach, and it already works with the Scottish health-promoting schools unit. We intend to share any guidance that we issue on health-promoting schools and the new nutritional regulations.

Cathie Craigie:

I will certainly want to come back to that point. I understand that private nurseries will be in the same position and will not have to meet the requirements of the legislation. I take it that many local authorities purchase private nursery places, so is it the same answer for them?

David Cowan:

No. We considered various possibilities for nurseries. We want to ensure that the same standards apply as much as possible across the nursery sector, so the bill will apply to local authority nurseries. I take your point about purchasing places in private nurseries, but local authorities rarely purchase food provision as part of their nursery provision. Food is generally not an element of the purchase because most nursery children do not get lunch; they get two sessions in one day and lunch is not included. So we considered whether there were better ways to get purchase in the sector and we discovered that the Standards in Scotland's Schools etc Act 2000 gives us the power to issue guidance that covers the whole pre-school sector, nought to three and three to five. I believe that that power is in section 34 of the act.

Gerry Bonnar (Scottish Executive Legal and Parliamentary Services):

The power covers local authority arrangements for pre-school education. Where local authorities are making arrangements with private providers, under section 34 of the 2000 act ministers can issue guidance on the purchase of provision.

David Cowan:

Basically, we are looking to issue guidance that will cover not only nutritional regulations but health-promoting schools. We think that we are getting better purchase in this sector than we would have if we had limited our efforts to the bill itself.

Cathie Craigie:

The legislation will cover lunches and snacks in local authority schools and nurseries. You are probably right to point out that local authorities are purchasing half-day places, which will mean that lunches will not be involved. However, I have visited loads of private nurseries in my time as an MSP and know that they provide snacks just as local authority nurseries do. How do we deal with that issue?

David Cowan:

In January 2006, we issued nutrition guidance to all nurseries. It contained menu planning and food-based standards for what should and should not be acceptable. That is monitored by the Scottish Commission for the Regulation of Care. This year, the care commission will introduce some questions on nutrition to find out what is provided by nurseries. We recognise that we want to instil good habits in kids as early as possible and that nurseries are important in that regard. We are trying to develop an approach that is appropriate to that sector. It is a varied sector, so I think that legislation would not work in this instance. Further, as nurseries have not had the experience of the hungry for success campaign in the past three years, they have not been building up towards the kind of things that it relates to. We want to encourage change in this sector and will be monitoring the implementation of the guidance that we issued in January.

Cathie Craigie:

Guidance has already been issued to local authorities and schools, but we are introducing the bill because we are saying that it is better if that guidance is enshrined in legislation. Is it good enough simply to issue guidance to the private sector? Would private nurseries have such a big hill to climb to provide nutritious snacks and light lunches?

David Cowan:

I am telling you the advice that we have been given, based on the varied nature of the situation. The pre-school sector contains a variety of groups from local authority nurseries to playgroups with six people in them, which means that the situation is difficult to monitor. We are not going to introduce the same nutrient standards as schools will have because it is not intended that we will conduct inspections across the board in the nursery sector. The care commission is monitoring the situation and we will keep an eye on that to see whether the guidance is being taken forward.

Cathie Craigie:

You can be sure that we will come back to this issue as the bill progresses.

What has been the process for developing the regulations on nutritional standards? Will more information be provided to the committee on the content of the regulations?

David Cowan:

As part of the process of developing the regulations, we pulled together a short-life expert working group to make recommendations with regard to the nutritional requirements in terms of nutrient-based standards and food-based standards. That group has concluded the majority of its work and will have only one or two further meetings. It has already made the bulk of its recommendations for school lunches and other food that is provided in schools. Ministers are considering those recommendations at the moment and will make decisions about when to share them.

Will the recommendations be shared?

David Cowan:

I would expect so.

What are the key differences between the standards, the regulations and the current guidelines?

David Cowan:

We cannot say at this point, as the regulations have not yet been decided. As I said, recommendations have been made but, until ministers decide what they want to take from those recommendations, we will not know what the regulations will be. The key difference will be that the regulations will cover all food and drinks that are provided by local authority and grant-aided schools, not just lunches. That means that they will cover food that is available in tuck shops, vending machines, breakfast clubs and so on.

Are there exceptions to the requirement to meet nutritional standards?

David Cowan:

Yes. The biggest exception is packed lunches; the bill does not cover food that is brought into school. We have also made allowances for school trips, sports days, school discos and cultural events such as Burns suppers.

I hope that you are not suggesting that a Burns supper is not nutritional food. I like tatties, neeps and haggis—they are very good for you. I am sure that you do not want that suggestion attributed to you.

David Cowan:

I suppose that it depends on how rich the haggis is.

We are also looking at exemptions for events that are organised by third parties such as parent-teacher meetings and community events that are held in rural schools and there are also health, cultural or faith-based reasons for making an exception.

Christine Grahame:

I concede that some of those reasons are common sense, but let us return to the issue of packed lunches. Young children might vote with their lunch boxes, so to speak. They might say, "I am not going to eat the nutritional meal. I will bring in crisps and sweeties." How can you deal with that, other than acting as the food police for parents or carers? Is there not a danger that that is what will happen?

Maria McCann:

The bill does not cover packed lunches, but we want to work with parents on the issue. Many young people will bring packed lunches into school and our health-promoting schools policy will come into play in this regard. We want to share with young people and their parents our knowledge of how to make healthy choices. A strand of work is in place under which we will look at the different channels that can be used to communicate with parents on choices, including for packed lunches.

We also want to communicate with the young people, who have a major say in what is chosen for them. Health promotion—the education side—is crucial and complements the regulations that will affect the food that is served in schools. We want young people and parents to be able to make informed choices about the food that they put into packed lunches and the food that they serve at home. In particular, we want young people to be able to make those choices when they leave school.

Christine Grahame:

This is a sensitive area. Rightly or wrongly, there could be quite a bit of resentment from parents.

What action can be taken to engage local businesses such as local shops and cafes that depend on trade from young people? Whatever the time of year, the chippy in Gala is jammed out with young people at lunch time. The bill does not cover food that schoolchildren buy on the street.

Maria McCann:

We have discussed the issue with the Convention of Scottish Local Authorities. It is keen to use the community planning process and the influence of local councillors and of communities more generally. We want to take this forward as a discussion issue. We have evidence that shops and mobile units are serving more healthy food and that they have made that conversion as a result of this kind of dialogue. We do not anticipate that every chip shop will change what it serves and we know that it will be a slow process. However, we have the backing of local councillors and politicians and that is a major way to go.

We also want to encourage young people to think about the choices that they make when they buy lunch outside their school. Again, the best way is for them to know what the healthy choice is and encourage them to want to make it. That is not easy. The consultation showed that the tendency is for young people not to make the healthy choice. We have to make it as easy as possible for them to do so. Hopefully, the community will co-operate in supporting them to do that. In that way, a cultural change can be made throughout the whole nation.

I am not trying to be difficult, but I note that the consultation did not elicit many responses. In some places—I think that it was Fife—only three people responded.

Maria McCann:

Two.

I stand corrected. A substantial number—90—responded in Dumfries and Galloway; they really got stuck in. One has to look carefully at the results, as they do not seem to be representative of young people across the country.

Maria McCann:

We also did something even narrower. We talked to the pupil council of Notre Dame high school through a videoconference link. When one talks to young people in detail, one gets a sense of their growing knowledge about healthy eating and of a level of sophistication about food choices. They would take more healthy options if there were more choices such as smoothies. We can use knowledge from encounters with young people to try to meet their needs as consumers and customers, but that is only one of many strands to encouraging healthy eating.

I hear what you are saying. Smoothies are trendier than the haggis that was mentioned earlier.

John Home Robertson:

I will follow up on the important point that has already been raised about chip shops and corner shops. It is not much use to create a healthy eating ethos in a school and persuade parents to send in healthy packed lunches if the school is surrounded by corner shops and chip shops that dole out junk food and generate a lot of litter. That is a genuine problem. I accept that local authorities are trying to engage with the people who are part of that problem but, if we are to legislate on the matter, is there not a case for taking some additional powers of control over food outlets that are within walking distance of schools? I am the old Stalinist on the committee; let us have a go at it.

Gerry Bonnar:

In the Executive's view, that is principally a planning matter, so it would not come within the scope of the bill.

John Home Robertson:

A planning matter? It is funny that you should say that to the Communities Committee.

Given that we are in the business of legislation, if we are concerned about what school pupils are eating and know that a lot of them are eating fast food from such outlets, surely it would be myopic not to look at the issue.

Gerry Bonnar:

To be clear, I am trying to give a helpful legal answer rather than a policy answer.

Yes, but we are politicians and you are a lawyer.

Gerry Bonnar:

I am sure that my friends will want to assist.

David Cowan:

We are aware of the issue. The focus of the bill is somewhat restricted, in that it considers food in schools. It is difficult to encourage healthy eating in a school if there are chip vans right outside or chippies just down the road, but there are also European Union regulations on restrictions on trade, so we must be careful how we deal with the matter. We cannot say that, if food in schools is to be healthy, food outside schools must be healthy. We cannot achieve what we want in that way; there are other ways of doing it.

We have talked to various local authorities that are taking action on that front. Fife Council has introduced its own healthy food vans, which often sit outside schools and compete with chip vans. Other local authorities are starting to put restrictions on the licences that they issue to chip vans, prohibiting them from operating within X miles or metres of a school. We have pulled that information together and will share it with local authorities so that they can examine what other councils are doing and consider how they can take steps to try to solve the problem.

The Convener:

Those are policy issues that we will want to pursue with the minister when he comes to the committee.

Is the Executive concerned at all that the introduction of more stringent regulations will result in a decrease, rather than an increase, in the number of children taking school meals?

Maria McCann:

We cannot rule out that possibility and, obviously, we cannot at this stage go into detail on the regulations and the action that they will translate into. When the hungry for success nutrition standards were introduced in primary schools, there was a small decrease in uptake but, now that adjustment has been made, the uptake has righted itself and returned to previous levels. There is a similar pattern with uptake in secondary schools. The target date for the implementation of hungry for success in secondary schools is December 2006, so those schools are going through a similar process.

There have been major improvements, but there is a tendency to react negatively to change even when it is change for the better. We were therefore pleased that the decrease in uptake in primary schools was as small as it was, and that uptake has now risen. By building on the hungry for success policy, and by capturing more pupils as consumers, we aim to increase uptake. However, we cannot guarantee that that will happen.

Dave Petrie:

I want to ask about snacks—and I begin by saying that I am not an advocate of the Boris Johnson snacks policy.

As a former teacher, I am slightly concerned about the idea of pupils having something to eat at any time of the day. That seems to be offering an open goal to pupils who want to disrupt the class. I hope that the head teacher would have some control, and that kids would not be able to say, "I feel like an apple," or, "I feel like an orange," at any time of the day, thus disrupting the class. Also, have you considered the impact on catering and canteen staff of offering breakfast or snacks? What benefits to children will the proposed power for local authorities to provide snacks at school offer?

Gerry Bonnar:

The notion of "any time of the day" relates to when the education authority would make arrangements to provide snacks, rather than to when the child would have a right to seek a snack.

Maria McCann:

The Education (Scotland) Act 1980 specifies that it is the midday meal that the education authority can provide, but we wanted the flexibility that the notion of "any time of the day" would provide. It is not that the child would be able to have a snack at any time of the day.

Okay, but that is not clear in the bill.

Maria McCann:

No, and I can understand how you could interpret the provision in that way.

You asked about the benefits to children. You may be aware of our free fruit initiative for primaries 1 and 2, about which independent evaluators have been very positive. Of the school respondents, 90 per cent said that children had been eating more fruit and that there had been changes in eating habits. We have therefore continued with the initiative. Some authorities would like the flexibility to expand the initiative to cover other year groups. You may also be aware that some authorities provide free breakfasts for all primary pupils, all secondary pupils, or both. We want to give authorities the power to do what they already desire to do.

The benefits of children having breakfast have been well documented; when children have breakfast, their concentration and their ability to learn greatly improve. That is why some authorities want to address the issue. The provision of free fruit has been very successful in encouraging good eating habits.

David Cowan:

Mr Petrie also asked about catering staff.

Yes. I wondered what the impact on them would be.

David Cowan:

Many local authorities already provide breakfast clubs of one sort or another, and some clubs are provided by parents or voluntary organisations. Some schools, but not many, bring in caterers; the breakfasts tend to be fairly simple—cereal, toast and juice. We do not have much information, but where local authorities provide the service, it does not seem to create a massive problem for catering staff.

I notice that, at present, kids get free fruit three times a week. I take it that, under the bill, that would increase to five times a week.

David Cowan:

That could happen, if local authorities chose to provide such a service.

Right. Are there any practical difficulties that local authorities might face in making use of the power to provide snacks?

David Cowan:

Not that we are aware of. Maria McCann talked about the free fruit initiative, which most local authorities have found fairly straightforward. There has been the odd mention of difficulty with storage.

That is what I was thinking of.

David Cowan:

A bit of preparation time has been needed on occasion. Schools and local authorities have found fairly creative ways around difficulties and have managed to provide the service quite happily. We know of one school that used the initiative to involve parents, who came in to help to prepare the fruit.

Good. Finally, what are the reasons for not allowing free school meals to be provided for every pupil, as some of the consultation responses suggested?

David Cowan:

In its consultation, the Executive sought views on extending eligibility, while making it clear that Executive policy is that we do not believe in providing universal free school meals. The Executive believes that resources can be used much more effectively. We want to target resources where they are needed and to ensure that the families whose children are entitled to free school meals are encouraged to take them up. That is more important than providing free school meals to those who can afford to pay for them.

Tricia Marwick:

We have already touched on the point that the convener made about the declining uptake of school meals in secondary schools and the only marginal increase in uptake in primary schools. I acknowledge that the hungry for success initiative will not be introduced in secondary schools until later this year. However, have you identified any reasons for the declining uptake in secondary schools and the only marginal increase in primary schools, even after the hungry for success project, which aimed to increase uptake in primary schools?

Maria McCann:

A reason for the decline in uptake in secondary schools that local authorities identified in this year's school meal survey was the adjustment to the new menu. Some also said that they had had teething problems with the cashless systems. We know that there are complex reasons for people choosing whether to have a school meal. The choice is not just based on the food that is available. Young people are highly influenced by their friends, and if their friends want a packed lunch, they might choose to join them. Some older pupils want to get out of school to have a break from the school environment, just as people want to get out of the office to have a break from the office environment.

In promoting uptake, we have been encouraging local authorities to consider all the factors involved. Some pupils find the dining area unattractive or are put off by queuing or the level of noise. Promoting the uptake of school meals is complex and has to be carried out locally, so that the specific factors that influence pupils can be considered.

The bill proposes a duty to promote uptake. The reason for that is the guaranteed healthy option. Through the Scottish health-promoting schools unit, we support local authority networks so that authorities can share practice and say what works in their locality. In that way, they are able to pick up information and tips.

Tricia Marwick:

Is it not worrying that in both primary and secondary schools less than half the pupils have school meals? We have discussed a range of factors, including the built environment and peer pressure. How confident are you that giving legislative status to promotion and to the standard of food will make the breakthrough?

Maria McCann:

Our aim is to improve uptake, but we need to be realistic. We do not suggest that 100 per cent of pupils at any time will take school meals, but there is headroom to increase uptake. That will certainly be our aim. The legislative basis will provide a renewed impetus and focus for local authorities, but only time will tell whether that is successful.

Tricia Marwick:

The reasons given for the low level of uptake relate to issues that will continue to exist, such as the built environment and peer pressure. Would it not have been better to address the concerns about the built environment and peer pressure before introducing legislation to set nutritional standards?

David Cowan:

It is important to consider that issue within the context of the bill's overarching purpose of health promotion. Health promotion involves both ensuring that food in schools is healthy and encouraging kids—we cannot force them—to choose to eat healthy food. A key element of the health-promoting school is to teach kids about healthy choices and healthy eating. Research and experience from elsewhere show that, if health promotion policies are introduced without ensuring that nutritional food is made available in schools, kids will not make the healthy choices. The two things need to be put together; we cannot deal with them in isolation.

With the rolling out of the health-promoting schools policy, we hope that children will make better choices about healthy lifestyles and healthy eating habits. As Maria McCann said, we will watch the stats to see what happens and we will continue to monitor the situation, but I do not think that the two issues can be separated out. We hope that educating kids and making healthy food available will result in an increase in uptake.

Tricia Marwick:

Given that the uptake of school meals is dependent on factors such as parental influence and pupil preferences, what will be the specific impact of the statutory duty on education authorities to promote school meals? Can the Executive set targets for how things should improve when so much is outwith the Executive's control?

David Cowan:

Obviously, the hope is that uptake will increase. That is our ultimate aim. The purpose of the duty to promote uptake is to ensure that local authorities are doing what they can to encourage pupils to take lunches by, for example, improving the quality of the food and of the dining experience, ensuring that information is provided on what is available and involving pupils and parents in menu selection. Local authorities can do a variety of such things, but we will be looking for evidence of activities to promote school lunches. That will be the interim measure, if you like. Basically, it will be great if we get an increase in uptake, but we want to ensure that local authorities do not simply sit back and let pupils decide for themselves. We want to ensure that local authorities actively promote the uptake of school lunches.

How will the Executive measure the success or otherwise of the new duty on local authorities? For example, does the Executive intend to set targets for the uptake of schools meals in each local authority area?

David Cowan:

We do not intend to set targets. As I said, we will look for evidence of promotion of school meals. In the short term, we will measure success through HMIE reporting on how schools are doing with health promotion policies, the hungry for success initiative and nutrition standards in schools. We will continue to look closely at the school meals statistics over the years. Clearly, we hope that uptake of school meals will increase. We will watch the figures and try to isolate the different factors that determine success. In the long term, we will look at national health service statistics to identify whether the measure has helped to improve health in Scotland.

What evidence of promotion of school meals will the Executive look for from local authorities? What specific things will authorities be required to do?

Maria McCann:

Authorities could take a range of actions, but it is more about the active engagement of young people and parents and strategic leadership being taken with schools to ensure that the promotion of school meals is a priority. The environment that is provided and the way in which meals are served are among the many other aspects that demonstrate evidence of promotion. There will be variations among localities, but it will be important for schools to understand where they are now, where they want to get to and how they will do that, and to explain their choices coherently. There is no standard reply, but a number of indicators would be used by HMIE when collecting evidence.

David Cowan:

The bill will introduce anonymised systems. We will consider whether the removal of any perception of stigma has an impact, and some parents who had not done so previously might encourage their children to sign up for free school meals.

In addition, the Scottish health-promoting schools unit shares best practice among local authorities and we will be talking to HMIE, local authorities and COSLA about the things that they think we should be identifying. Some local authorities use grab bags, which have been quite successful. Other local authorities use different methods to promote their lunches. Promotion might be as simple as postering or involving people more. A school could ensure that information on entitlement to free school meals is provided more than once a year and that that information is in languages that are appropriate to the community that the school serves.

The Convener:

I do not wish to be accused of wanting to tie the hands of local authorities; it is important that they have flexibility. However, it strikes me that if all we are going to do is monitor whether local authorities have made an attempt to promote the uptake of school meals without actually requiring them to take action, we could find ourselves saying in five or 10 years' time that nothing has changed and that there has been no increase in uptake. If we go to any school in my constituency—and probably any school in the constituencies of the other MSPs around the table—we might find a general willingness to promote health and to support children in making the right choices for their diet. However, if we do not impose requirements, we might not get the changes.

David Cowan:

We will have to consider that. Judging from our conversations with COSLA, authorities are keen to maintain flexibility in this area, and they would not welcome targets.

Tricia Marwick:

You have spoken about promoting school meals, the environment and the various things that you hope individual schools and local authorities will do. What is it about the proposed legislation that will allow steps to be taken in a way that the present system does not? What is there to prevent individual schools and authorities from doing now all the things that you have said need to be done? Is it not the case that they could all be done already without the bill?

David Cowan:

Yes and no. The whole point is that we want to build on the momentum that has already been achieved though the health-promoting schools policy and on the achievements of hungry for success. As I said, hungry for success covers only school lunches; we want to ensure that all food is covered, and that is what the regulations under the bill will do.

During the consultation, we got feedback from teachers that the current health promoting-schools policy tends to operate as an accreditation system, which means more paperwork, more reporting systems and more hoops to jump through. We want to make the policy a central purpose of schooling. The overarching purpose of the bill is health promotion, and it will amend the Standards in Scotland's Schools etc Act 2000. Local authorities and schools will have to set out plans and strategies for health promotion. That does not happen under the current system, which is an accreditation system that each local authority develops differently. We want to ensure as much uniformity across Scotland as possible.

Christine Grahame:

In paragraph 35 of the policy memorandum, the Executive says:

"it is likely that island and remote rural authorities will experience higher costs for ingredients for school meals than other areas as is currently and historically the case."

The paragraph continues:

"It is not anticipated that this will be exacerbated by the Bill."

What evidence do you have for making that statement?

Many burdens are placed on local authorities. Paragraph 37 refers to the recommendations in "Hungry for Success" and says:

"each local authority is at a different stage of implementation and there may be additional costs for some authorities as they adapt to the nutritional requirements and adopt health-promoting schools policies."

Paragraph 37 begins:

"It is difficult to estimate the full financial implications of the Bill for local authorities."

The local authority in my area has projected 1,000 job losses in the next four or five years, because of cuts in its funding. The bill seems very nice—I was going to call it a motherhood-and-apple-pie bill—but what funding will be available to enable local authorities to provide what is required? What representations have you had from local authorities, which will have to make cuts in the coming years?

David Cowan:

The various elements of the hungry for success initiative were costed, and by 2007-08 almost £120 million will have been paid to local authorities to implement the recommendations in the "Hungry for Success" report—as you know, all local authorities should have implemented them by the end of 2006. Money has been made available to enable local authorities to make the transition to healthy school meals and to train staff. Money has also been made available through estates for the upgrading of dining facilities. Hungry for success was costed on the basis of a 6 per cent increase in uptake of school meals, which did not happen, so local authorities have been well funded to make the transition and meet the nutritional requirements. Some authorities have not yet implemented hungry for success, but the money will remain available until 2007-08.

Was the money ring fenced?

David Cowan:

No. It was provided for nutrition, with a strong recommendation on what authorities should do with it.

Maria McCann:

The money was initially ring fenced. The national priorities action fund has existed since 1997 and initially all the various strands of the fund were ring fenced. However, COSLA made strong representations that it wanted the flexibility to be able to transfer moneys, and that flexibility was granted.

We might want to ask the minister about money, convener.

The Convener:

That is entirely up to you.

We have touched briefly on capacity to deal with an increase in uptake of school meals. If all goes well and the bill is embraced and more children throughout the country begin to take school meals regularly than currently happens, will there be an issue to do with the physical infrastructure of schools? I am talking not just about the size of school dining halls but about the size of kitchens and the number of catering staff. Has the Executive discussed such matters with COSLA?

Maria McCann:

Yes. Local authorities frequently discuss such matters. Some authorities have experienced significant increases in uptake across the piece, but the picture varies from authority to authority. Authorities can take action to increase throughput at meal times, by timetabling two sittings, for example. David Cowan mentioned grab bags, which provide a guaranteed healthy packed lunch that pupils can eat wherever they want to eat it. The issue has to be considered on a case-by-case basis. We have declining school rolls, but that might have a minimal impact on accommodation. There is no single solution that will fit every school, but solutions can be found locally through innovative and flexible approaches.

David Cowan:

There have been some interesting examples that will be shared among local authorities. The health-promoting schools unit already has that function, and we will share any other ideas that we come across. I mentioned the healthy food vans that Fife has provided, which have helped to reduce queueing in certain circumstances. Some local authorities are considering options for providing chilled nutritious food through vending machines.

Patrick Harvie:

I have a question about physical capacity, especially of kitchens. Is the Executive satisfied that the school building that is taking place at the moment is creating schools that have kitchens that are up to the job of cooking with ingredients, rather than simply reheating and presenting processed food?

David Cowan:

That issue was raised during the work of the expert group on nutritional standards, which asked whether the necessary capacity existed. A catering representative on the group informed us that, generally speaking, the phased implementation of the hungry for success programme has meant that school kitchens are equipped for cooking, rather than just reheating.

In existing schools, that is truer in Scotland than in England, where the problem is greater. My question relates to new build. Is the capacity to cook food going in with the bricks in new schools?

David Cowan:

I am not in a position to answer that question, but we can get back to the committee on the issue.

Maria McCann:

Provision is definitely being made in the authorities with which I am familiar. The public-private partnership schools in Edinburgh, for example, generally have a kitchen, which in some schools has led to an increase in the uptake of school meals. We can provide you with more detail on the situation in individual authorities, if that would be helpful.

It would be helpful for us to get that reassurance.

David Cowan:

Some local authorities provide a central service.

A while ago you raised the issue of anonymity. What is the evidence that lack of anonymity is a barrier to uptake?

David Cowan:

We have looked at research into the issue. There is no evidence to suggest that, in itself, introducing anonymised systems will result in an increase in uptake. The research tends to show that whether people qualify for free school meals is not an issue for pupils. However, parents often cite embarrassment or concern that people will find out that their children are eligible for free school meals as a reason for not signing up for them. We want to remove that barrier. We want to reassure parents as much as possible that the systems that are in place are anonymised, so that the issue ceases to be a factor when they make decisions about their children's entitlement to free school meals.

So the evidence does not suggest that lack of anonymity is a barrier to uptake, but the Executive has decided to introduce anonymised systems anyway.

David Cowan:

Yes. There is no clear evidence that introducing anonymised systems will result in increased uptake, but we have taken the position that no one and no family should be stigmatised for taking a free school meal. If there is a perception that that could be the case, we want to ensure that we remove it.

Patrick Harvie:

According to the evidence that is before me, the expert panel on school meals found that stigma was not the most important factor in influencing take-up of free school meals. The evaluation of the hungry for success programme found that staff and children did not believe that stigma was attached to free school meals at their schools. Given that, what is the reason for removing from local authorities and schools the discretion to decide what is appropriate in their local area? Why are you requiring them to spend money on perhaps quite sophisticated systems to provide anonymity?

Maria McCann:

Authorities and schools do not have to use technology to provide anonymity. Some schools use a very simple system that involves everyone sending in an envelope and all children getting the same envelope back. They do not have to choose a cashless system. Often, cashless systems are chosen for administrative reasons and to improve efficiency and effectiveness rather than to provide anonymity, although people in local authorities and others see anonymity as a benefit. However, evidence exists that increased anonymity can be provided. The concern that exists is not strong, but it is sufficient for ministers to feel that it is worth ensuring that nothing will prevent young people from poor families—who could benefit most from school meals, as such meals represent a significant part of their nutrition—from taking up those meals.

Patrick Harvie:

You have talked about technological and non-technological systems for providing anonymity. Will you give a clear picture of the systems that are in use? What range of options would a school or local authority have if it decided to or was required to provide anonymity?

David Cowan:

There are various options, but we know most about cashless swipe-card systems, which many local authorities have introduced or are introducing. In primary schools in particular, most children still rely on some form of system in which everyone has the same ticket and payment is anonymous. There used to be differently coloured tickets for different meals, whether or not the meal was free, but most people have now moved to the ticketing systems that have been introduced.

Does the Executive have any preference?

David Cowan:

No, as long as the system provides anonymity.

Patrick Harvie:

I wonder whether the Executive has thought about the possible unintended consequences of using cashless swipe-card systems. I have spoken to people who share my concern that the cost of such systems will be paid for in consumer debts in 20 years' time. Has any thought been given to the unintended consequences of encouraging children to get used to putting things on plastic?

David Cowan:

Not that I am aware of, but we can check that with colleagues.

Patrick Harvie:

I have a final question on the decisions that the Executive took before making its proposals. Obviously, a range of diversity issues can lead to stigma and bullying in schools. Such things could be the result of a person's behaviour, religion, identity or economic status. We can try to remove visual signifiers of diversity or try to ensure that diversity does not lead to bullying or stigma. Has the Executive made a philosophical decision on which approach it will take in that respect and on whether removing visual indicators is necessary to prevent bullying and stigma? Perhaps that is a question for the minister.

David Cowan:

Perhaps it is.

Dave Petrie:

I have experience of a swipe-card system from the most recent school in which I taught. Such a debit system is a great way of preventing stigma. Kids stick money on to it and build up money, while kids who get free meals simply hand over the card and the other kids will not know that they get free meals.

Some will hand them in and some will not.

Well, maybe. Approximately what proportion of schools currently operate cashless systems?

David Cowan:

I do not know the exact figure, but we could probably get that information. Around 71 per cent of secondary schools and 40 per cent of primary schools have anonymised systems. Secondary schools use the majority of cashless systems, which are more appropriate in those schools because of the larger services that are available. We do not know the exact numbers, but I think that all the secondary schools in Glasgow use or intend to use such systems.

From my experience, I would certainly recommend such systems. I hope that they will be encouraged.

The Convener:

As members have no more questions, I thank the witnesses for attending the meeting. I am sure that this will be the beginning of meaningful engagement on the bill over the next few months.

There will be a brief suspension to allow the witnesses to leave.

Meeting suspended.

On resuming—