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Chamber and committees

Plenary, 02 Apr 2009

Meeting date: Thursday, April 2, 2009


Contents


Question Time


SCOTTISH EXECUTIVE


General Questions


Short-term Holiday Lets (Legislation)

To ask the Scottish Executive with what legislation landlords offering short-term holiday lets must comply. (S3O-6514)

There is no specific legislation with which all landlords who offer short-term holiday lets must comply.

Sarah Boyack:

Is the minister aware that many of my constituents have to endure deeply unpleasant antisocial behaviour by people in overcrowded flats—often drunk revellers—that presents not just serious fire and health and safety issues but makes their lives a misery?

The minister's predecessor, Stewart Maxwell, made it clear to me in a letter that the Scottish Government did not intend to take legislative action to tackle what is acknowledged by the local council to be a loophole in the legislation. Is that still the case, or is the minister prepared to listen to the evidence of my constituents' experiences?

Alex Neil:

I am always prepared to listen to more evidence, but the current position is that if people are engaging in antisocial behaviour while residing in holiday let flats, they are subject to the legislation relating to antisocial behaviour, and the police and others have powers to deal with that effectively. If the member feels that there is a loophole in the law that requires to be addressed, I am happy to listen to any additional information that she brings to the table. So far, however, we have not seen any information to justify a separate law relating to holiday lets.

Will the minister explain how holiday homes are taken into consideration as part of the affordable homes strategy?

Alex Neil:

There are two aspects to holiday homes. First, in some areas, particularly rural areas, they add to the pressure on affordable housing provision. We are actively examining the impact of that on the supply of affordable housing in rural areas and, in due course, we will decide whether there is anything we can do to relieve it. Secondly, the fundamental way in which we are dealing with the problems of the shortage of affordable houses is to drive up the number of affordable homes that we are building.

Malcolm Chisholm (Edinburgh North and Leith) (Lab):

I emphasise to the minister how serious the problem is in developments such as Western Harbour in my constituency, where a large number of stag and hen weekends are based. The people who are trying to impose the law are telling us that there is a problem with the legislation, so will the minister undertake at least to examine the problem and to consider options to address it? It is an increasing problem, and it came up at the local community council last night.

Alex Neil:

As I have said, there are already provisions for dealing with antisocial behaviour and related matters, but I am happy to listen to any further evidence. So far, we have not received any evidence to demonstrate that a specific law relating to holiday lets would make any material difference.


Energy Companies (Regulation)

To ask the Scottish Executive, in light of any implications for fuel poverty, whether it will respond to the Office of Gas and Electricity Markets consultation on proposals in relation to the regulation of energy companies. (S3O-6488)

The Minister for Housing and Communities (Alex Neil):

Yes. I welcome any move to ensure that everyone in Scotland pays a fair price for their energy. We want the advantages of competition to benefit everyone, including the most vulnerable customers. Some of the proposals in the forthcoming consultation seem long overdue. They include action to ensure that prices for different payment methods reflect their true administrative costs. That is particularly important for customers who are on prepayment meters. Measures to ensure that customers are given clear, transparent information about the available tariffs and about switching are also welcome.

Bob Doris:

I thank the minister for that answer, particularly with regard to prepayment meters. When the minister responds to the Ofgem consultation, will he make the most powerful representations about the lack of action on tariff differentials, whereby customers on prepayment meters pay far more than those who pay by direct debit—the difference is £118 a year, on average. I ask him to bear it in mind that 22 per cent of people on an income of less than £10,000 a year use prepayment meters.

Alex Neil:

I share the member's concerns and we have made it clear to Ofgem that the Scottish Government shares them. The primary responsibility lies with Ofgem. We are happy to make continuing representations until we find a permanent solution to the problem.

Mary Mulligan (Linlithgow) (Lab):

The new energy action package, which is aimed at tackling fuel poverty, starts this week but we have not yet heard anything about the home insulation scheme. Can the minister say when the home insulation scheme will be introduced and how the resources will be distributed? Will he expect local authorities to contribute to the package of measures?

Alex Neil:

I should point out that insulation is part of the energy assistance package that we announced this week, through which there is now record spending on tackling fuel poverty. I take it that the member is referring to the new home insulation programme that was announced at the time of the budget, to which we committed £15 million. We expect to get matching funding of a further £15 million. We are currently engaged in detailed discussions with the Convention of Scottish Local Authorities and other stakeholders. I hope to be in a position to make a further announcement on the scheme shortly.


Fertility Treatment (Guidance)

3. Helen Eadie (Dunfermline East) (Lab):

To ask the Scottish Executive, further to the answer to question S3W-1716 by Shona Robison on 20 July 2007, what progress it has made in monitoring NHS boards for consistency in applying the guidance issued in relation to the provision of fertility treatment. (S3O-6520)

The Minister for Public Health and Sport (Shona Robison):

We wrote to national health service boards in December 2008, asking for information on the implementation of the updated guidance. We have received responses from all NHS boards. They show that seven areas are now fully compliant with that guidance and that a further three have partly implemented it.

Helen Eadie:

Why, then, does there continue to be a postcode lottery for infertility services in the NHS in Scotland? Why does the Scottish Government guidance say that the age limit is 40 whereas NHS Fife says that it is 38? Why does the expert advisory group on infertility services in Scotland advocate an age limit of 41, yet the Scottish Government sticks with 40? Why does the guidance on the meaning of a cycle of treatment encompass fresh and frozen embryos, yet NHS Fife regards a cycle as involving frozen embryos only and does not include both fresh and frozen ones as the guidance from the Scottish Government clearly states? Why are couples with a child from a previous relationship refused NHS treatment for fertility services by the Government?

Shona Robison:

All the issues that Helen Eadie raises are complex and long standing. Progress has been made on some of them, particularly waiting times, although some of them remain longer than we would like, but they are not as long as they were. I hope that Helen Eadie acknowledges that the issue is a long-standing one. I am not sure whether she has raised it previously. Perhaps if action had been taken on some points 10 years ago, we would not be wrestling with some of the issues today.

I can assure Helen Eadie that we are aware of the issues that she has raised, which are not easy to address. We are determined to work with NHS boards to get a more consistent pattern across Scotland with regard to access, criteria and waiting lists, but I reiterate the point that the issues are complex.

Mary Scanlon (Highlands and Islands) (Con):

Yesterday, I received a written reply to say that the Government is

"currently considering how best to ensure equity of access across Scotland"—[Official Report, Written Answers, 1 April 2009; S3W-22040.]

for fertility treatment. Aside from the points that Helen Eadie raised, will that "equity" take account of the age bar and of the inability of some people to pay for private treatment?

Shona Robison:

As I said in reply to Helen Eadie, these matters are interrelated and complex. I reiterate that seven health boards—seven areas out of 14—are compliant with the guidance. Another three have partly implemented the updated guidance and four have not made the progress that I would have liked them to make. I am discussing with them when and how they will make progress. There are other complex issues that surround that of waiting times, which we are more than aware of. As I said in reply to Helen Eadie, we will consider how to address them.

Can the minister explain what the current eligibility criteria are for the provision of assisted conception treatment and why she believes they are important?

Shona Robison:

The current eligibility criteria are—I cannot find them among my papers. [Laughter.] I will ensure that I write to the member with the current eligibility criteria, which of course cover issues such as age. I would not want to mislead him by giving him the wrong ones; I want to ensure that I give accurate information.

Helen Eadie's point is important. The criteria that we have issued and the updated guidance have been followed by some boards but not by others. It is only fair that, no matter where someone lives in Scotland, there should be consistency in access. We want to progress that.


Tenancy Deposit Protection Scheme

4. Mike Pringle (Edinburgh South) (LD):

To ask the Scottish Executive what progress it has made since the members' business debate on a tenancy deposit protection scheme on 18 June 2008 towards preventing tenants in the private rented sector from having their security deposits unfairly withheld by landlords. (S3O-6558)

The Minister for Housing and Communities (Alex Neil):

On 14 August 2006, the Scottish Government set up a stakeholder working group that comprised representatives of Citizens Advice Scotland, the local authorities, Crisis, the National Union of Students Scotland and many other bodies, with remit to examine the various approaches to improving tenancy deposit practice before we decide how to proceed. The private rented sector review, which was published last week and presented to the working group, gathered, systematically and for the first time, information on tenancy deposits. We will now take the issue forward and actively consider the available options with a view to seeking agreement on the most appropriate way to tackle the issue.

Mike Pringle:

I look forward to receiving further information about that. I welcome the findings of the Government's recent review of the private rented sector but am disappointed that, even following the review's publication, and as noted in the executive summary of the key findings and policy implications section, there are still disagreements about the scale of the problem of unfairly held tenancy deposits. In accepting the existence of a problem that involves thousands of tenants and millions of pounds every year, will the Government now commit to using the Housing (Scotland) Act 2006 to implement a national tenancy deposit protection scheme?

Alex Neil:

We now have a much clearer idea of the scale of the problem. Based on the tenant and landlord survey that was undertaken as part of the PRS review, we estimate that the actual amount of wrongly withheld deposits in Scotland is somewhere up to £3.6 million per annum, which affects up to 11,000 tenants at any one time, which is up to 4.7 per cent of all tenants. We are actively considering all the implications of the report on the PRS review, including how to take forward the issue of wrongly withheld deposits. I am keen, as the member is, to find a permanent resolution of the problem.

Claire Baker (Mid Scotland and Fife) (Lab):

Does the minister recognise that there is significant support in the Parliament for a tenant deposit scheme in Scotland? Now that we have the research results, we can see that it is indeed a significant problem that the Parliament must address. Will the minister outline today how and when the Government will proceed in the event that it cannot secure consensus between landlords' and tenants' organisations?

Alex Neil:

I am aware of the strength of feeling on the issue across the chamber. I will take cognisance of that, which is why I have given a commitment that we will actively and timeously consider the implications and recommendations of the PRS report and make decisions in due course. Clearly, it would be far better if we can achieve consensus and agreement, but if we cannot the Government will decide how best to take the matter forward.


National Waste Plan (Review)

To ask the Scottish Executive what progress has been made in its review of the national waste plan. (S3O-6544)

The Minister for Environment (Roseanna Cunningham):

Good progress is being made and we intend to consult later this year. We have established a steering group, which has considered a first draft of the new plan. We have begun work on the costs and benefits of meeting municipal waste targets and a strategic environmental assessment. We are also carrying out research on landfill bans. While the new plan is being prepared, progress continues; the most recent recycling rate for Scotland is 32.9 per cent.

John Park:

The minister may be aware that Fife Council has an excellent recycling record. However, proposals to move to four-weekly collections are being debated in Fife just now. Can the minister, perhaps along with other members in the chamber, encourage Fife Council to engage effectively with the communities in Fife to ensure that the public is fully engaged in the process and that their views are taken on board?

Roseanna Cunningham:

The member is, of course, quite right that Fife Council has a good record on recycling. It produced one of the best performances in Scotland, with a recycling rate of 41.3 per cent. Members will realise that that figure is significantly above the Scottish average. Fife Council recycles more tonnes than any other local authority. The council is considering how to go forward on waste collection, but it is my understanding that no decisions have yet been made and that the council has set up a cross-party, member-officer group to consider the question.

Obviously, a decision on the frequency of collections of household waste is a matter for each individual local authority, which will have regard to its own local needs and circumstances. I advise the member that it might be useful to have a look at what has happened in some other local authority areas, because there are examples of extremely good practice. I hope that all local authorities, including Fife Council, look at those examples of good practice and think about adopting them in their own practice.


Gaelic (Development)

To ask the Scottish Government what progress is being made on the development of the Gaelic language. (S3O-6505)

The Minister for Culture, External Affairs and the Constitution (Michael Russell):

Very good progress has been made in terms of our structural support for the Gaelic. The progress that I still want to see is that, while we strengthen our structural support further, we must ensure that it is effectively and urgently used to increase the use of Gaelic in the home, school, community and workplace.

Dave Thompson:

The minister will appreciate that Gaelic road signs are an important factor in increasing awareness of Gaelic and raising its status. He will also be aware that funding of the Government's current trunk road bilingual road sign programme ends in 2010. I believe that a review of the policy and programme is taking place. Can the minister tell us when it will be completed and when we will receive confirmation of an extension of the trunk road bilingual road sign programme beyond 2010?

Michael Russell:

I certainly agree with the member that the visibility of Gaelic in Scotland is important and a valuable means of raising the status and use of Gaelic and demonstrating the strong links between Scottish heritage and the Gaelic heritage. The Scottish Government wants a continuing increase in the visibility of Gaelic and to ensure that road signs, for example, reflect the importance of Gaelic. That is why, since becoming Minister for Transport, Infrastructure and Climate Change, my colleague Mr Stevenson has extended the use of Gaelic road signs on the A82 through Inverness, building on the existing programme being implemented on other trunk roads.

Transport Scotland has a responsibility to evaluate its polices, including the bilingual one, but I know that Stewart Stevenson is clear that he wants any review to be fast tracked and completed as soon as possible. I have been assured that results will be available in 2010 before the current signage programme ends. I understand that Mr Stevenson has asked senior officials for advice on accelerating that even further. The research will be conducted by Transport Research Laboratory, which will carry out an evaluation study, including an examination of changes in accident patterns that will of course be scientifically and properly based. We will continue to discuss how we can spread the important visibility of Gaelic even further.


Teacher Numbers

7. David McLetchie (Edinburgh Pentlands) (Con):

To ask the Scottish Executive whether it expects the number of full-time equivalent teachers employed in publicly funded schools at the teacher census date in September 2010 to be higher or lower than the number employed in September 2006 or 2008. (S3O-6472)

The Minister for Children and Early Years (Adam Ingram):

As the member knows, it is local authorities' responsibility to employ teachers and, as is well known, the Scottish Government and local authorities have jointly pledged to maintain teacher numbers at 2007 levels. We will meet local authorities soon, and we will meet the Convention of Scottish Local Authorities today, to discuss the issue. Our objective and expectation is to deliver on the concordat pledge of teacher numbers around the 2007 level.

David McLetchie:

The minister will therefore be aware that the number of teachers employed at the census date in 2007 was 54,559. He will also be aware that the number employed at the most recent census date, in 2008, was 53,584—which is 975 fewer teachers one year on. In view of the SNP's manifesto pledge to maintain teacher numbers, which was repeated in the concordat, can we take it that the Government's policy in practice is to reduce teacher numbers in Scotland and to carry on doing so?

Adam Ingram:

Mr McLetchie should also note that the fall in teacher numbers between 2007 and 2008 was largely concentrated in a small number of local authorities. I am sure that positive engagement with those authorities could turn around their performance. It is also worth reminding Mr McLetchie that the purpose of maintaining teacher numbers is to reduce class sizes, particularly in the early years, so that every child will get the attention he or she deserves. Mr McLetchie and his party are opposed to that policy. Unlike him, the Government is determined to ensure that every child gets the best start in life.