SCOTTISH EXECUTIVE
General Questions
Question 1 was not lodged.
International Children's Games
To ask the Scottish Government what importance it attaches to the 2011 international children's games being hosted by South Lanarkshire and North Lanarkshire Councils. (S3O-6135)
The international children's games will be an important stepping stone to the Commonwealth games in 2014 and will help us all to realise our ambition to be a healthier and more active nation. That is why the Government considers the games to be very important and why the First Minister has given his personal backing to them. The games have also been supported by EventScotland.
Can investment that is being made in the run-up to the Commonwealth games also be made to benefit the international children's games? Is the minister willing to meet me and relevant local councillors in the near future to discuss some of the issues?
The international children's games will be an important part of preparations for the Commonwealth games. Aileen Campbell will be aware that locations in Lanarkshire will be used to host some of the 2014 events, so the experience and investment associated with the international children's games will be invaluable as part of that. We should view the 2011 international children's games, the 2014 Commonwealth games and the 2014 Ryder cup as part of a package of sporting events that demonstrate our ambition as a sporting nation.
Get on with it.
I agree with Aileen Campbell that we must ensure that we reap the benefits of the international children's games and that they stand us in good stead for 2014. I am sure that the new Minister for Public Health and Sport, Shona Robison, will be delighted to meet Aileen Campbell and her constituents to discuss matters further.
Before we move to the next question, I advise George Foulkes that I have had enough of his sedentary interventions today. If they continue, I will have no option other than to take steps that I do not wish to take.
On a point of order, Presiding Officer. Would it not be in order for you to instruct cabinet secretaries to give short, sharp replies? Answers are taking up far too much time, and back benchers are unable to ask questions as a result.
That is entirely for me to judge. In my opinion, the Cabinet Secretary for Health and Wellbeing was answering the question that was put to her.
Property Developers (Delays)
To ask the Scottish Executive what steps it has taken to investigate the severity of financial problems caused to individuals who have paid deposits for new-build houses by property developers failing to deliver on time. (S3O-6087)
The Scottish Government has discussed the issue of moving-in delays with Homes for Scotland and has provided input to the Office of Fair Trading report on house building. The OFT report calls for consumer protection issues, including moving-in delays, to be addressed through the new code of conduct that the house building industry is developing. We are pressing for quick and effective implementation of the new code.
The minister may or may not be aware of the fact that I have met representatives of the Office of Fair Trading. The code of conduct to which he refers will be voluntary. For 10 years, the Law Society of Scotland and well-known professors from across Scotland have argued that there should be legislation on the matter. Only last week, one of Roseanna Cunningham's constituents had to pay £10,000 to a developer, through no fault of their own. Someone in Aberdeen now faces £100,000 of penalties. Someone in the Borders paid a deposit of £10,000 on a house more than two years ago, but the house is still not ready for them. Such people are being left to languish on the beaches without homes.
Question, please.
What will the minister do to address the situation? Legislation is required, because in Scotland there is more protection for people who buy a packet of crisps than there is for people who buy a house.
I share the member's concerns. Following the OFT's report, we are working intensively with the OFT, the UK Government and the house building industry in Scotland—in particular, Homes for Scotland—to make progress on the issue. I hope that the code of conduct will be put in place before we consider legislation. We would have to wait until we could pass legislation, which would take time. The situation is urgent.
Scots
To ask the Scottish Government, in light of the recently published "Audit of Current Scots Language Provision in Scotland" and my survey of local education authorities, which identified the benefits of teaching Scots in schools, and anecdotal evidence suggesting that the expansion of such provision is constrained by a lack of qualified teachers, what steps it will consider to remedy the situation. (S3O-6158)
The Scottish Government considers Scots to be an important part of Scotland's distinctive linguistic and cultural heritage. The audit of current provision provides baseline data and is the basis for consideration of the provision of and planning for the Scots language in public life across Scotland.
According to Katrina MacLeod of the Scots Language Centre and Perth and Kinross Council library service, the demand for Scots language teaching resources significantly outstrips supply. In this year o hamecomin, will the Government take action to ensure that supply meets demand?
Learning and Teaching Scotland already provides examples of good practice and materials that can be used to address the shortages and the demand that Bill Wilson has identified. In the year of homecoming, I have already seen excellent practice in the Scots language. Dunning primary school, which is in the Perth and Kinross Council area, has an excellent homecoming project, and Scots language provision is part and parcel of that experience.
United States of America (Co-operation)
To ask the Scottish Executive whether any new initiatives for co-operation between Scotland and the United States of America are being considered as a result of the Scottish Government's recent discussions with the US Secretary of State. (S3O-6144)
The First Minister's recent meeting with US Secretary of State Hillary Clinton marked the deepening friendship between our two nations. It provided a good basis for on-going dialogue in important areas of mutual interest, such as climate change and Scotland's renewable energy potential.
In view of the likelihood of President Obama unveiling new proposals for co-operation with Africa, does the minister think that, in the light of Scotland's commitments and programmes in that area, such as the initiatives of David Steel in Kenya and Jack McConnell in Malawi, we can offer specific assistance?
Scotland has a strong record of engaging with our counterparts in Africa, from the early work of the Scottish missionaries, who worked tirelessly across many parts of the continent, to more recent developments, such as the co-operation agreement with the Government of Malawi, which was instigated by the previous First Minister. Professor Harvie is right to draw our attention to the distinguished work of former and present members of the Parliament in that regard.
Before we come up with any new initiatives for co-operation with the USA, has there been enough consideration of the benefits of the tartan week celebrations? I seem to recall that the committee that looked into the matter was told that we would receive a breakdown of the various achievements over the years, but I cannot remember having received it.
Mr Brocklebank will be aware that the classic definition of conservatism is not to do anything new, but to keep asking about things in the past. However, I am quite happy to ensure that as much information as possible is provided. In addition, I will be part of the ministerial group that will attend Scotland week this year and will make it my purpose to enquire about what has taken place in the past and to bring back to the Parliament up-to-date information so that we can benefit from an initiative that is strong, important and beneficial to both sides.
Will the minister give us a pledge that the Government will not resort to the unctuous and pretentious posture struck by the Prime Minister in America? We do not want to be seen in that way. In addition, will he moderate claims about sharing great friendship and understanding with America? Tartan week has not built on that, and we have much to do in that regard before we go bigger.
I had hoped to give a one-word answer, had the member restrained herself to one question. The answer to the first question is yes. The answer to the second is that we will build on our experiences in an effort to reinforce mutual friendship. If Margo MacDonald were to play a part in that process, people could only feel warmly towards us.
National Conversation
To ask the Scottish Government how many responses it has received to the national conversation. (S3O-6143) [Interruption.]
Someone has a mobile or a BlackBerry on—can everyone please check?
I should probably ask for other offences to be taken into consideration.
Is the minister monitoring the submissions that have been made to the union-centric Calman commission? I draw his attention to the submission of Shetland Islands Council, the local authority for Tavish Scott's constituency, which makes the highly reasonable and welcome call for control of North Sea oil and gas to be devolved to the Scottish Parliament. What steps is the Government taking to connect with local representatives, who are clearly more open and positive about giving the people of Scotland a say in their future than are their representatives in the Scottish Parliament?
Christine Grahame makes a telling point, which gives the lie to the view that there is no connection between the national conversation, constitutional change and economic benefit. It is clear that such a connection is at the centre of thinking in Shetland. I pay tribute to the council's far-seeing convener, Sandy Cluness, and the other councillors who share that view.
Will the minister confirm that the national conversation is the only Government consultation in which full name and address are not required from people who make submissions to it? The fact that only a nickname and a general area are sufficient means that the national conversation is being flooded by cyber-nats and is therefore totally discredited.
My colleague Dr Allan has made the point that it is better than Daleks.
I can assist the minister and Lord Foulkes with regard to the entry by Sir Sean Connery, who neither was asked for nor volunteered an address. I am not sure whether Spanish addresses are covered by the Scottish national conversation.
In response to the latter question, I will just say—if I am allowed to, Presiding Officer—that you ain't seen nothing yet. We will build on the success of the national conversation to ensure that the people of Scotland are fully informed.
Patient Records
To ask the Scottish Executive what guidance it has issued on the length of time that hospitals are required to keep patient records. (S3O-6149)
In July 2008, the Government published a code of practice for the national health service on records management, which sets out the recommended minimum periods for retention of NHS personal health records. The code provides a guide to the required standards of practice in records management for those who work in or under contract to NHS organisations in Scotland and it is based on current legal requirements and best practice.
In view of advances in medicine and changes in the medico-legal climate that mean, for example, that a blood transfusion or other more general treatment that was given many years ago might have clinical or legal significance today, is the cabinet secretary still happy that hospital notes on adults may be destroyed a mere six years after the last entry or three years after death?
As I said in my initial response, the code of practice takes account of legal requirements—that is important. Ian McKee knows that no single standard or minimum retention period applies. The standard or minimum retention periods for notes on different groups of patients, for different specialties and for different types of health record are laid out in annex D to the code of practice. Boards have an obligation to produce retention schedules, but they cannot set shorter retention periods than those that are specified in the code. It is open to boards to keep records for longer but, if they decide to do so, they must be able to justify that under data protection legislation. The arrangements that are in place are sound and robust. If Ian McKee has issues or concerns—they might arise from his constituency work—I am, of course, more than happy to discuss them with him.
Scottish Commission for Human Rights (Meetings)
To ask the Scottish Executive when ministers last met representatives of the Scottish Commission for Human Rights and what issues were discussed. (S3O-6097)
The most recent meeting between ministers and representatives of the Scottish Human Rights Commission took place between me and the commission's chair, Professor Alan Miller, on 22 December last year. We discussed a range of issues at the meeting, including Professor Miller's update on the commission's activities since it became operational.
I will suggest an issue that the cabinet secretary might wish to raise with Alan Miller, whom I will meet on Monday as a consequence of discussions with kinship carers in Glasgow. They feel that the debate on kinship carer support should be placed in the context of the rights of children. As one grandparent said to me, their grandchildren have often—sadly—undergone all too damaging experiences that are similar to those of children who are looked after by foster carers, yet the support for kinship carers is not the same. Is the cabinet secretary or one of his colleagues willing to meet kinship carers in Glasgow to discuss that and their concern that the Scottish Government's definition of kinship carers might have damaging and unfair consequences for the children for whom they care?
If the appropriate request is made to the relevant minister, I have no doubt that it will be considered. I can comment only in the terms that my colleague Mr Russell used in an intervention earlier today. The Government is delivering for kinship carers, which contrasts with the lack of action between 1999 and 2007.
Affordable Housing (Edinburgh)
To ask the Scottish Government what action is being taken to increase the availability of affordable housing in Edinburgh. (S3O-6154)
The Scottish Government is committed to increasing the availability of affordable housing in Edinburgh. That commitment is demonstrated by the Scottish Government's investment of £46 million this financial year in a range of affordable housing mechanisms. In the next financial year—2009-10—the Government's affordable housing programme throughout Scotland will amount to a record £644 million, which represents an increase of £113 million or 21 per cent on this year's budget.
Is the minister aware that 45p of every pound of rental income in Edinburgh goes towards debt repayment? In these extraordinary times, when billions are found to bail out the banks, does he agree that it is time for the chancellor to write off that debt, which would ease the burden on the poorest in the city and let the City of Edinburgh Council lever in much-needed funds for affordable housing?
I agree entirely with Shirley-Anne Somerville. The UK Treasury should write off the £2 billion of debt without strings in the same way as, only yesterday, it gave £2 billion to failed private finance initiative projects south of the border. If the Treasury can do that for failed PFI projects south of the border, it should be able to invest money in housing north of the border.
I am afraid that we are out of time and must move to the next item of business.
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