Guardianship Orders
To ask the Scottish Government under what circumstances it considers it appropriate for a guardianship order to be granted. (S4O-04082)
The Adults with Incapacity (Scotland) Act 2000 put in place a range of measures to provide for the personal welfare and/or financial affairs of adults who are incapable by reason of mental disorder or inability to communicate of managing their own affairs. An application for a guardianship order can be made to the sheriff court by an individual or the local authority when no one else is applying and the adult has been assessed as requiring a guardian. The need for guardianship must be demonstrated by the applicant and is governed by the grounds that are set out in the 2000 act. Arrangements for making applications are set out in sections 57 and 58 of that act. It is for the sheriff to determine whether and in which circumstances a guardianship order should be granted.
Guardianship orders can cover financial and/or welfare matters. An order is likely to be suitable when a person of 16 years or over lacks capacity or has never had the capacity to take decisions or actions on those matters for himself or herself. It allows another person with an interest in the adult, such as a family member, the authority to act and make decisions on their behalf.
Monitoring by the Mental Welfare Commission for Scotland has revealed that the number of successful new applications has risen by 58 per cent since 2008-09 and that orders are increasingly being used for adults with learning disabilities. Campaigners such as People First (Scotland) are concerned that some people with learning disabilities are having control over their lives removed when it would be more appropriate to support them to make the decisions that they are capable of making.
Given that it is 15 years since the 2000 act was passed, does the Government believe that it would be appropriate to review the law and practice on guardianship orders to ensure that their use is consistent and justified and that individual autonomy is being upheld, as called for in “Scotland’s National Action Plan for Human Rights 2013-2017”?
I recognise Alison McInnes’s point about learning disabilities. The 2000 act applies to those who have lost the capacity to make their own decisions or who have never had that capacity, as I said in my first answer.
There is no strict list of categories of people to whom the provisions apply, but the legislation recognises that decision-making capacity is not an all-or-nothing proposition and that capacity may fluctuate. Adults who have some form of learning disability may of course be able to take some decisions for themselves and should be supported in doing so when that is possible.
Each individual’s requirements vary. When guardianship is appropriate, the order can be tailored to meet the individual’s needs. I am happy to discuss with Alison McInnes any specific ideas that she has, because I am conscious that the issue is increasingly important in the modern era. I certainly encourage people to look at matters closely to see what is suitable for their relative and to ensure that the appropriate arrangements are in place, and I am happy to meet Alison McInnes to discuss that.
Raith Junction Improvement Works
To ask the Scottish Government when the various phases of the Transport Scotland Raith junction improvement works are due for completion. (S4O-04083)
The improvement works at the Raith interchange are being progressed as part of the M8, M73 and M74 motorway improvements non-profit-distributing contract. The overall construction work on the contract remains on course for completion as planned in spring 2017.
I am disappointed that the cabinet secretary cannot give more specific dates for the various completions. Is he aware that residents who live in proximity to the construction site expected disruption and therefore negotiated a generous working pattern beginning at 6.30 in the morning and ending at 11 pm? That agreement has been breached on one occasion, which resulted in a sleepless night for the residents. They have now been told that, from 20 March, 24/7 working is due to recommence, with the pounding of heavy machinery, intrusive floodlights and all that that entails. Does the cabinet secretary think that that is reasonable? If not, can he intervene?
I am not sure why Margaret Mitchell should be disappointed with the answer that I gave. I said that the project is due to be completed in spring 2017. There is no phasing, so there are no times by which different phases of the contract will be completed, as has sometimes been the case with other projects. That has not changed.
If, as Margaret Mitchell said, there has been an agreement that has been breached, I would of course be concerned. I am happy to look into the matter, and if she wants to write to me with more detailed information, I will look into it on her behalf.
Childcare Commitment (Glasgow)
To ask the Scottish Government when it last met Glasgow City Council to discuss how it is taking forward the childcare commitment for eligible two-year-olds and all three and four-year-olds. (S4O-04084)
Scottish Government officials and Glasgow City Council officials met on 29 January to discuss how the council is implementing the early learning and childcare commitment for all eligible children in its area, and there has been on-going correspondence since that meeting. In addition, the First Minister met the fair funding for our kids campaign on 9 January and has written to it this week about its three suggestions.
Following a number of meetings that I had with fair funding for our kids, I made a number of representations to Glasgow City Council on the need to develop more full-time nursery places, additional full-day provision and extended partnership nursery provision to ensure that every child’s right to childcare is as practical and accessible as possible. How will the Scottish Government work with the council and, more significantly, monitor the progress that is being made to ensure that places are available at the right place and time so that the parents I represent can access the provision that they have been promised?
The Scottish Government will be more than happy to work with all local authorities, including Glasgow City Council, on how we can work together to build our shared ambition for high-quality, flexible childcare and the plans that we all have to expand childcare provision. I assure Mr Doris and others that we are happy to take forward on-going dialogue on that with all our partners in local government.
Given the evidence across Scotland that thousands of three and four-year-olds are missing out on their free childcare places, will the cabinet secretary commit to an urgent review to identify the full extent of the problem, which includes getting an accurate take-up rate? Does she agree that this crucial national policy requires national oversight to ensure that every child receives the free childcare to which they are entitled?
Ms Hilton overstates her case. We know that the take-up rate for statutory early learning and childcare is very high—in fact, it is at near-universal levels. That does not mean that there is no local variation and it most certainly does not mean that there are no families out there with particular needs who cannot access what is needed for their family.
As I indicated in my reply to Mr Doris, the Government and the First Minister have responded positively to the fair funding for our kids campaign’s three suggestions. We welcome those suggestions and, as I said in reply to Mr Doris, we are more than happy to work with our partners in local government on, for example, how we can develop reciprocal arrangements between local authorities. The First Minister has also written to the chief statistician to see how we can improve data collection and the sensible use of data. We will also consider the issue of independent oversight.
Payday Lending and Gambling
To ask the Scottish Government what progress it is making towards addressing payday lending and gambling in town centres and neighbourhoods. (S4O-04085)
The Scottish Government has implemented the majority of its action plan, with other on-going elements, to tackle the spread of payday loan companies that sell high-interest, short-term debt. For example, we have ended business rates relief eligibility under the small business bonus for payday-lending properties, launched the Scotland’s financial health service web portal and amended Scottish planning policy.
However, specific controls are needed to address concerns about indebtedness and problem gambling. The United Kingdom Government’s response to the Smith commission recommendations on that falls short of what is needed. The Scottish Government’s first priority must therefore be to press the UK Government on those matters, as that is by far the most effective way of dealing with the problems.
Even as the Scottish National Party was participating in the Smith commission, it remained clear about its intention to act on the clustering of payday lenders in our high streets with the powers that are at the Scottish Parliament’s disposal. Why is the Smith agreement now being used as an excuse to delay the action on the proliferation of payday lenders that the Scottish Government promised to take in its action plan?
We have taken action in the Scottish planning policy that will deal with clustering. That has already been announced.
The issue that has arisen is whether any effective use can be made of use classes orders. Our position is clear: we are demanding the powers that were promised in the Smith report and, if we get them, we will use them, as they will be much more effective in dealing with payday lenders and problem gambling than are planning controls and use classes orders. If we do not get the most effective powers, we will introduce measures to use UCOs. However, as the recent consultation pointed out in no uncertain terms, UCOs are of limited impact and certainly have nothing like the impact that could be made if we were given the powers that were promised in the Smith report.
Does the cabinet secretary agree that the most effective way of dealing with problem gambling in our high streets, particularly in relation to fixed-odds betting terminals, would be to reduce the stake from £100 to £2 per spin, but—unfortunately—the Scottish Government does not currently have the power to do that?
That approach has been applied elsewhere and is under consideration in other parts of the United Kingdom. If we had the appropriate powers, we would certainly look at it, because problem gambling is a major blight on our society.
Attainment Fund
To ask the Scottish Government what plans it has to publish further details of its attainment fund. (S4O-04086)
Having identified the first seven local authorities to participate in the £100 million attainment Scotland fund, we are now moving into an intense planning phase, working closely with relevant education stakeholders and the participating authorities to develop detailed improvement plans for their particular context. As part of that work, we will identify the necessary resources required and work out allocations on the basis of need. I will provide further information once those discussions have concluded.
Parliament should be in no doubt that Labour believes that this issue is the key challenge for our schools. We support the attainment fund, but with eight years to prepare and £100 million to spend, does the cabinet secretary not think that it would have been reasonable to have in place a strategic plan based on the professional expertise of our teachers, educational best practice and indeed the aspirations and ambitions of parents? Is she not making it up as she goes along?
It is Mr Gray who is playing catch up here. It is Mr Gray and the Labour Party who are emulating the Scottish Government’s plans for education. For example—[Interruption.]
Order.
It is clear from Jim Murphy’s press release from the end of February that he backs our plans for an attainment fund and for improving reporting and making progress on closing the attainment gap. It is also clear that the Labour Party backs our plans for enshrining in law the role of the chief education officer.
It is Labour that is playing catch up, and I am very glad that it is emulating our plans.
Endocrine Disruptors (European Union Consultation)
To ask the Scottish Government whether it has responded to the EU consultation on the impact of the use of endocrine disruptors in farming. (S4O-04087)
The reply from the Department for Environment, Food and Rural Affairs to the recent European Commission consultation reflected views from across the United Kingdom. The response highlights the need to protect human health and the environment through a process that is proportionate and takes account of the nature of what are referred to as endocrine disruptors.
European pesticide legislation has added an extra tier of assessment on the basis of hazard, as well as the risk factors that pesticides pose. Although it is vital that pesticides continue to be properly assessed and should be used only where they do not present a risk to human and animal health or to the environment, any assessment needs to be proportionate and evidence based.
There is undoubtedly reason to limit the use of endocrine disruptors. Responsible soft fruit growers in my constituency are already using endocrine disruptors only as a last resort and are confining usage to polytunnel environments. Whatever case the cabinet secretary is making on the issue, will he highlight that fact?
Will the cabinet secretary also highlight the predicted impact on crop yield, which, depending on which scenario under consultation is implemented, would result in losses ranging from 40 per cent up to 89 per cent, according to the Agriculture and Horticulture Development Board?
I recognise the very serious concerns that are being expressed by Scotland’s valuable soft fruit sector. The Scottish Government is meeting with NFU Scotland, the Agricultural Industries Confederation and the Crop Protection Association in April to discuss many of those concerns and the issues for Scotland that are being raised.
The Government has also asked experts from science and advice for Scottish agriculture and from the Scottish rural college to identify the potential risks for Scottish crops and what alternatives could be used by our farmers. I recognise that this is an important debate that could have ramifications for Scottish crop production.
Economic Impact of Oil and Gas (Highlands and Islands)
To ask the Scottish Government what appraisal it has made of the economic impact in the Highlands and Islands of the oil and gas sector. (S4O-04088)
Highlands and Islands Enterprise account manages 100 oil and gas companies and invested around £2 million in 2014 in 23 companies that are active in oil and gas, levering in a further £58 million from the private sector, with the potential to create 1,400 new jobs and an estimated increase in turnover totalling £216 million across the region. I co-chair the energy north oil and gas task force, which brings together industry and the public sector to maximise opportunities for oil and gas companies in the Highlands and Islands.
Does the minister share my view that the Arnish fabrication yard, with its skilled staff, deep water and land to develop, could be the ideal location for the newly announced wave energy Scotland posts and a facility to carry out future oil rig decommissioning?
First of all, it should be understood that the most important thing is to avoid the premature cessation of production in our oil and gas fields. That is our primary responsibility, because premature cessation of production means an end to the jobs and business that flow from oil and gas developments and an end to the tax revenue of hundreds of billions of pounds that flow therefrom. However, Mr Stewart is absolutely right to say that decommissioning presents an opportunity, and I—like him, I suspect—have visited the Arnish yard and worked closely with John Robertson and Burntisland Fabrications. I would certainly expect that BiFab would wish to play a part in the decommissioning opportunities.
As far as the second part of Mr Stewart’s question, on wave energy Scotland, is concerned, I am proud that the Scottish Government has announced funding of £14.3 million, the largest ever investment in marine energy, and I think that the benefits of that investment will be felt across the Highlands and Islands: in Orkney, in Inverness, where the core staff will be based, and in the Western Isles. I am happy to continue to work with Mr Stewart on all those matters.
Register of Land Ownership
To ask the Scottish Government how much private and public land in Scotland was registered on the national map-based register of land ownership by December 2014 and how much it envisages being registered in the next five years. (S4O-04089)
At December 2014, just over 58 per cent of titles and 27 per cent of land had entered the land register of Scotland. Information on whether owners are public, private or third sector bodies is not recorded. Ministers have invited the keeper to complete the land register over the next 10 years, and to register all public land over the next five years.
I understand that only 24 per cent of the land holdings in Ross and Cromarty was mapped in the register last year. Progress is painfully slow. What resources can be made available to speed up that process to achieve the targets that the minister has mentioned? In particular, could he comment on whether there should be higher registration fees for large estates or some means to employ more people in Registers of Scotland?
I have every confidence that the keeper and her staff have the capacity and professional skills sufficient to meet the task with which they have been charged by the Scottish Government to complete the land register over the next decade and to register all public land over the next five years. We have adopted the carrot-rather-than-stick approach by considering offering incentives for voluntary registration. We also work with all parties—public bodies and landowners—to encourage landowners to make voluntary registration of their holdings. We will also be requiring public bodies to register their land, so that is something that they will be doing.
That ends general questions. Before we move to the next item of business, members will wish to join me in welcoming to the gallery His Excellency the Rt Hon Sir Lockwood Smith, the High Commissioner of New Zealand. [Applause.]