Plenary, 08 Mar 2001

Meeting date: Thursday, March 8, 2001

Official Report 649KB pdf

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Question Time

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SCOTTISH EXECUTIVE

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Planning Appeals

To ask the Scottish Executive whether it will notify constituency MSPs of planning appeals lodged from within their constituencies. (S1O-3079)

We are considering how best to make that, and related information, readily available.

I thank the minister for that answer. That is welcome news for MSPs who are interested in planning issues.

I would like more detail on two points. First, how might that information be communicated to members? Secondly, what information could the minister give to members?

On the how question, several options are being considered. One possibility would be to make information available to the Scottish Parliament information centre and allow it to present the information to MSPs. Another option would be to post information on the Scottish Executive website; that would make information available not only to MSPs but to the public.

It may be possible to provide weekly information on the following types of cases that may be before ministers: notified planning applications; notices of intention to develop in local authority developments; recalled appeals and called-in applications; planning permission appeals; listed building consent; listed building enforcement; conservation area consent appeals; and planning enforcement appeals.

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Opencast Mining

To ask the Scottish Executive what plans it has for the future of opencast mining. (S1O-3071)

The Executive will continue to ensure that the policies in national planning policy guideline 16, "Opencast Coal and Related Minerals" are rigorously applied.

If the Executive is committed to the principles of NPPG 16, why did the development department issue a paper, on 26 January, that set out amendments to the Lothian joint structure plan and identified six further sites for opencast mining in my constituency alone?

Does that not fly in the face of NPPG 16, which asks for consultation with local communities and councils? Does it not muddy the waters at a time when local people are positively considering an opencast site at Polkemmet and facing a public inquiry over a Wester Torrance site? This puts local people—

Thank you. That is enough.

Members will appreciate that while those matters are subject to appeal, it would be inappropriate for me to comment on the specifics of the modifications that have been referred to.

I assure the member and the chamber that, in general terms, the fact that broad areas of search are indicated in a structure plan does not mean that there is a predisposition to development. NPPG 16 meets a Labour party 1997 manifesto commitment of establishing a far tougher framework against which proposals would be considered. The guidance is clear that permission should generally not be granted if a proposal would cause demonstrable and material harm to either communities or the environment.

Lanarkshire, Ayrshire and many communities in Scotland have been devastated by over-provision of opencast mining—the old term for it was strip mining. Is it not time that the Parliament implemented a moratorium on opencast mining?

It is not for this Parliament to judge the need for additional coal. That is a commercial judgment for operators. The role of the planning system is not to set limits on production levels, but to ensure that proposals are environmentally acceptable. As I said, the role of NPPG 16 is to ensure that communities and the environment are protected in that process.

Will the minister encourage Sam Galbraith to apply some of his well-known charm to people in his department who want the Lothian structure plan to designate a large part of East Lothian as an area of search for opencast mining? We have already had a lot of opencasting in East Lothian and the question of further sites has been flogged to death at public inquiries. Will the minister refrain from giving any encouragement to opencast operators to indulge in plans in that part of Scotland? They are not wanted in East Lothian and will not receive consent for that kind of opencasting.

Again, that issue is subject to the planning process and could come to ministers for a decision. As a result, it would be prejudicial to the process for me to comment on the specifics of East Lothian.

However, the whole point of NPPGs—as John Home Robertson should know, being a member of the Labour party that instituted them—is to ensure that communities' environmental concerns are respected and that no predisposition to development results from instituting searches.

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Statistical Information

To ask the Scottish Executive whether it will seek an agreement with the Parliament's committees on a list of areas in which more statistical information is needed to inform good decision making, and whether it will provide resources for such improvements. (S1O-3082)

I will be happy to hear the views of any committee of the Parliament about statistics that it feels should be gathered.

I was hoping that the minister might agree that we could form an orderly queue. As a result of the long history of poor statistical information in Scotland before the Parliament was set up, there is a huge backlog of people who genuinely want relevant statistics. Instead of having a hugger-mugger conflict, perhaps Mr Peacock and the relevant committee conveners could organise a list of priorities. I hope that he will also provide some money to pay for statisticians.

The Executive publishes an annual statistics plan—one was published in April 2000—and we are currently clearing the plan for the coming year. Once that plan is published, it will be a matter for parliamentary committees to make comments, which the Executive will listen to very carefully.

In the light of the minister's answer to Donald Gorrie, will he give us some advice about whether it is more appropriate for the deputy convener of a parliamentary committee, who operates under a dual mandate, to exercise that mandate and speak in another house in another place in another country instead of convening a meeting of the Parliament's European Committee?

That is a matter more for the convener than for the minister.

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Landfill

To ask the Scottish Executive how it will ensure that local authorities are making progress in reducing the amount of waste being landfilled in preparation for the implementation of the landfill directive. (S1O-3077)

Last year, following a public consultation, the Scottish Executive announced its intention to implement the landfill directive requirements for reducing the amount of biodegradable municipal waste going to landfill through the introduction of a system of tradeable permits. Those permits would be issued to local authorities and would restrict the amount of waste that could be landfilled.

Is the minister aware that between 1996-97 and 1999-2000, recycling in Fife fell from 10.7 per cent to just 1.6 per cent, with the consequential increase in landfill? What steps will he take to encourage Fife Council to restore the effective recycling schemes of the former Liberal Democrat-run North-east Fife District Council?

Along with all other Scottish local authorities, Fife Council will have to comply with landfill directive targets, which envisage a three-stage reduction of biodegradable municipal waste. First, there should be a 75 per cent reduction in the amount of landfill produced in 1995 by 2010; a 50 per cent reduction by 2013; and a 35 per cent reduction by 2020. Fife Council and its partners will submit an area waste plan some time this year. The Executive will then allocate relevant amounts of the £50.4 million that has already been allocated to the strategic waste fund to help the implementation of those plans. Meeting the landfill directives will be a key component of that process.

Is the minister aware of the argument that the volumes of waste generated in each area might be insufficient to provide the economies of scale that effective recycling might require? Will he commit at least to find a way to examine potential sub-national or regional strategies that might require the combination of several areas?

I am aware of the argument, because Mr Tosh raised it in the debate on sustainable development. Of course, the whole system of trading permits is a UK strategy.

I hear what the member says about having a broader, more regional strategy. That is something that we would want to take on board in the consultation on the national waste strategy.

Will the minister confirm or deny that, unless the Government acts, the majority of the funds that are available—the £50.4 million—will go to waste-to-energy projects instead of to intensive recycling?

The national waste strategy makes it clear that incineration without energy recovery is not considered a viable option. The aim of area waste plans is to agree the best practical environmental option for dealing with waste in each area. Some energy-from-waste facilities may be required, but those should be viewed only as part of a wider environmental programme.

Is the minister aware of the extreme suffering of a large number of people in Glasgow since the sludge boats ended on the Clyde in 1998? Although we approve of that measure, the European Union had given Britain 10 years' warning to get new sewage stations ready, which we did not do. People in the east end of Glasgow are suffering appalling stench from Paterson's dump, which takes 500,000 tonnes a year of toxic waste and now handles one third of Glasgow's sewage. Will the minister allow people to suffer that?

Not personally. I was the full-time union official who represented the employees of Strathclyde Regional Council, including those who worked on the sludge boats.

The point of our waste strategy is to cut back on landfill sites. As I explained to Robin Harper, the point of getting together area waste management plans and investing the £50.4 million is to get rid of those sores in the east end of Glasgow and elsewhere.

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Young Disabled People (Personal Care)

To ask the Scottish Executive, further to the answer to question S1W-13333 by Malcolm Chisholm on 27 February 2001, whether it intends to commission further research into the costs of free personal care for younger disabled people. (S1O-3050)

I have acknowledged that further work is required. The care development group will focus on older people, but the Executive will take into account the needs of other care groups in implementing that group's recommendations.

I am pleased to hear that. As the minister will be aware, the Sutherland report defines younger people as those who are between 18 and 64. Some of us here will be grateful for that definition. As the minister has agreed that further research is required into the costs of funding the care for that group, will he indicate if and when he intends to instruct that research? Will he also consider as his starting point stopping personal care charges for those who access the independent living fund?

Those are complex issues. I would have expected the SNP to welcome the fact that a detailed piece of work is being undertaken on older people. That is the correct way in which to proceed. We must first unravel the complexity of the personal care issue in relation to all the other needs of older people. We can carry that forward when the Executive receives the report of the care development group.

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Internet (Dangers to Children)

To ask the Scottish Executive whether it has any plans to initiate an awareness campaign on dangers to children arising from use of the internet. (S1O-3055)

In 1999, the Scottish Executive issued a comprehensive guidance pack on internet safety to all schools and organisations that deal with children. It was well received at the time. Schools are tackling such issues, and we will continue to keep the guidance under review.

We are all too well aware of the dangers of the internet; it is a difficult area to control. What measures can be taken to catch and prosecute paedophiles who approach and entice children on the internet?

We are aware of the dangers and take those issues extremely seriously. The internet is a very fast-moving area. We must be always vigilant and prepared to issue new guidance, or to update the guidance when that is appropriate.

The internet crime forum is examining the issue of internet chat rooms and the problems of adults misrepresenting themselves as children. A range of actions can be taken by the police and the procurator fiscal—for example under the Civic Government (Scotland) Act 1982 as well as under common law—but we will keep a vigilant eye on those measures and take action when that is appropriate.

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Domestic Abuse

To ask the Scottish Executive what steps will be taken to respond to the fact that around 30 per cent of all domestic abuse begins during pregnancy, as highlighted by the Minister for Health and Community Care on 27 February 2001. (S1O-3072)

"A Framework for maternity services in Scotland", which I published last month, includes a specific commitment to issue guidance to health professionals on domestic violence and pregnancy. That will complement the range of work on domestic abuse that is being taken forward by the Executive.

Does the minister agree that—especially given that today is international women's day, when we celebrate the contribution that women make to our societies—that statistic is disgusting, abhorrent and totally unacceptable to every member of this Parliament?

Will the minister assure me that she will work with her Executive colleagues to ensure close co-operation with local authorities to ensure the provision of appropriate places throughout Scotland for women who suffer abuse?

I agree with the views that Trish Godman has expressed. The statistic that I quoted and the other statistics in this area are devastating and must be tackled. On international women's day, it is fair to say that women members of the Scottish Parliament and the Scottish Executive have demonstrated their determination to tackle and reduce those statistics by changing attitudes and behaviour and by improving services and support. We will continue to work towards ensuring that that happens.

On international women's day, I ask the minister to welcome the GMB's workplace strategy on domestic violence, which has been announced today and aims to ensure that more support is given in the workplace to victims of domestic violence. Will the minister ask other trade unions and employers in Scotland to take part in that scheme, or a similar scheme, so that victims of domestic violence can be properly supported?

I speak for all ministers when I say that we welcome any positive initiative that can be taken to make a difference in this area. I know that Jackie Baillie and Margaret Curran are actively working with trade unions and a range of other organisations, particularly through the Scottish partnership on domestic abuse, to ensure that action takes place in the right places at the right time.

We talk a lot about joined-up working and we must make it a reality. We must ensure that, both in the workplace and in the community, support and advice are being offered where it matters. We have to ensure that, during pregnancy and at other times, women have access to the help that they need. We must be vigilant, as politicians and citizens, to ensure that that happens.

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Public Sector Jobs

To ask the Scottish Executive what further progress it has made in locating public sector jobs outwith Edinburgh. (S1O-3083)

The Executive has already made progress in locating public sector jobs outwith Edinburgh by establishing the Food Standards Agency Scotland in Aberdeen, by establishing the enterprise and lifelong learning unit in its entirety in Glasgow and by setting up the new public guardian's office in Falkirk. We are undertaking detailed reviews of the Edinburgh operations of six other public bodies, based on lease breaks and other operational factors.

Does the minister agree that, in allocating jobs outwith Edinburgh, priority should be given to areas that have above average levels of unemployment? Does he also agree that my area, which has a business park proposal for the former Volvo site, would be an ideal location for civil service jobs dispersal?

In relation to the agencies that we propose to consider relocating, we have asked all the local authorities and local enterprise companies to produce proposals for suitable sites. A range of factors must be taken into account, not the least of which are the cost benefits that would be involved. Certainly, it would be peculiar in the extreme were we to pursue such a policy without considering the direct employment implications of relocating jobs to other parts of Scotland. I hope that levels of unemployment will be a significant factor in the consideration of any relocations.

I welcome again the decision to locate the headquarters of the proposed commission for the regulation of care and the proposed social services council in Dundee. That is one of the First Minister's better decisions and one that will bring 160 badly needed civil service jobs to the city.

Order. Let us come to the question.

Does the minister agree that the decision will bring the total number of civil service jobs in Dundee to about 180, which is still far below the level in comparable areas? Will he assure the chamber that more civil service jobs will come to the city, and that they will come soon?

I congratulate John McAllion and Kate MacLean for their excellent work in making the case for the relocation of those jobs to Dundee. It is a credit to the assiduous way in which they represent their constituents' interests. I look forward to future relocations throughout the rest of Scotland.

I welcome the pupils and staff of Invergordon Academy to the public gallery.

The minister mentioned the local enterprise network. He will be aware that Highlands and Islands Enterprise has put forward a cast-iron proposal to move jobs such as those in the Scottish Public Pensions Agency to the far north. Does he agree that that is a sound suggestion that is well worth considering?

I have yet to hear that any of the cases that have been advocated to me, either directly or indirectly, are anything other than cast-iron. All the bodies and individuals who make representations believe that they do so in the full light of facts that indicate that their case is the strongest. We will certainly give due consideration to the Highlands and Islands, but can do so only in the context of giving a fair and full hearing to each of the local authorities and local enterprise companies that are making cases.

Without referring to a specific case, does the minister agree that the Executive has a leadership role to take in demonstrating that, by the use of new technologies, people can work in areas that are outwith the traditional centres in Scotland and that they can contribute to an organisation such as the Scottish Executive? Should not the minister, by putting jobs in such areas, demonstrate to private industry that that can be done?

Mr Mundell will know that the Executive is a pioneering organisation in respect of teleworking—as it was once called—and its proposals for digital Scotland, across a range of policy and departmental areas. I echo the view that is being expressed that we should look to modern technology to increase the capacity for individuals to gain employment with and on behalf of the Executive throughout geographical areas. That should be part and parcel of our consideration of future relocation of whole agencies.

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Hospital Services

To ask the Scottish Executive what response it will give to the information from the recent British Medical Association Scotland's survey regarding the proportion of general practitioners who believe that the quality of hospital services has declined in the past five years. (S1O-3084)

The Scottish health plan, "Our National Health: A plan for action, a plan for change", which was published in December, sets out our programme of investment and reform, which will deliver real improvements in services for patients and communities across Scotland.

Eighty per cent of GPs believe that the service that they provide has declined in the past five years, and only one in 1,000 believes that primary care has improved since new Labour came to power. Does the minister agree with the BMA that the service is in crisis, that the level of care that is offered to patients by GPs is steadily eroding, and that collapsing GP morale, an increase in bureaucracy and a lack of resources are having a detrimental effect on patients? If so, what of substance will she do about it?

Is it not funny that the SNP raises a question about substance when talking about health policy? I am not surprised that Kenny Gibson is asking us questions about how we will address some of the real problems and challenges that face the health service. One thing is obvious—the SNP certainly does not know how to do that. If members are in any doubt about that, I commend to them the apology for a health policy document that the SNP published a few weeks ago. The SNP apparently cares so much about GPs that it does not even mention them in its policy document. I do not know what is more frightening about the document: the picture of the SNP health spokesman on the front page or the lack of substance in the document itself. It is a damning indictment of that party. We are determined to make a real difference; we are delivering the substance—where is the SNP's?

Let us have a more quiet question from Phil Gallie.

Does the minister consider that the concerns that were expressed by GPs could relate to financial waste? Will she confirm that the cost of £5 million for retitling and re-labelling health trusts could be an example of such waste?

One reason why a key element of the Scottish health plan, which was published in December, is to rebuild the NHS as a truly national health service is that we learned from talking to staff and patients throughout the NHS in Scotland that what they had found most damaging to their morale over the past 20 years was the loss of that identity under the Conservative Administration. The identity and values of our national health service were replaced by the alien values, the identities of the trusts and the machinery of the internal market that the Tories introduced. We are trying to change that through policies, investment and working with staff to rebuild the morale that suffered so much under the Conservative party's 20 years in power.

The Minister for Health and Community Care commented on Kenny Gibson's question on public perceptions of Labour's record on the health service. Will she give a straight answer to a straight question? Will she explain why, in a recent poll that was published in a Scottish Sunday newspaper, it was revealed that 80 per cent of people in Scotland, including 70 per cent of Labour supporters, think that she and the Government have failed to deliver any improvements to the Scottish health service?

It would be interesting if the SNP spokesperson would give a straight answer to the straight question that is asked in every health debate in the chamber: what would the SNP do to tackle the problems and challenges that face the NHS in Scotland? The SNP cannot say what it would do, because it still has no policies. We have said precisely how we are addressing those problems. We are doing so through investment, reform and partnership with staff. Where is the SNP's action?

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Fire Safety

To ask the Scottish Executive what steps it is taking to encourage the installation of fire sprinklers in homes. (S1O-3064)

We are monitoring the development of residential sprinkler systems and research is being done. In addition, the Executive has funded fire safety publicity to promote the use of sprinklers in homes. Fire brigades have been encouraged to discuss with housing authorities and others opportunities for the installation of sprinklers in new and refurbished homes.

The minister will be aware that fire safety is an issue for all of us. Is he aware that the most vulnerable members of our community are most at risk of injury and death from fires in the home? Is he aware of the work that is being done by Strathclyde Fire Brigade and others, and will he consider introducing legislative proposals, using the Housing (Scotland) Bill or a fire safety bill, to protect our communities and prevent the loss of any more life?

We are indeed aware of the work that Strathclyde Fire Brigade has done. Many of those issues were discussed at the conference that it held last year.

Much of the evidence on sprinklers comes from the United States. Our experience is much more limited because sprinklers are a recent development here. First, we have to develop minimum standards of reliability and durability, and the matter of standards is under consideration and discussion. I accept that a new legislative framework for fire safety is needed. Although time is not yet available for that in our parliamentary timetable, we will certainly look to introduce such a legislative measure in the future.

The minister referred to evidence from America. Is he aware that where domestic sprinklers have been introduced there, fire damage has been cut by nearly 80 per cent? Given that I plan to introduce a member's bill next week to ensure that domestic sprinkler systems are provided in homes of multiple occupancy and in the homes of the elderly and the disabled, will the Executive be sympathetic towards my bill and consider introducing the necessary legislation to which Ken Macintosh referred?

As is always the case, we will consider that bill when we see the details. We will certainly examine it with interest when it is introduced. We should not lose sight of the fact that there is much work still to be done using the fire technology that we have. For example, too many houses do not have smoke detectors or have smoke detectors that do not have batteries. A great deal of work has still to be done. As I said, as we develop minimum standards for sprinklers, that area will develop in our country.

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Waiting Times (Tayside)

To ask the Scottish Executive what the latest figures are on average waiting times for patients within Tayside University Hospitals NHS Trust. (S1O-3081)

In the year ending 30 September 2000, median waiting times at Tayside University Hospitals NHS Trust were 46 days for a first out-patient appointment with a consultant following referral, and 40 days for in-patient and day-case treatment.

The purpose of question time is to allow members to ask the minister questions and to receive answers about what she is doing. That being so, is it acceptable to the minister that acute, in-patient and day-case waiting times in Tayside last year started above the national average and rose by a further 26 per cent, or that out-patient waiting times also went up at the same time as bed numbers were being cut by nearly 10 per cent?

The minister now knows that she is presiding over a below average performance by NHS management in Tayside and a financial shambles. What is she doing about that?

Unlike Andrew Welsh, I think that it is important to focus on some of the positives in Tayside, as well as considering some of the problems.

Andrew Welsh and I have had an almost weekly date in the chamber on this issue since devolution. If there are to be improvements in the NHS in Tayside and if the long-standing problems are to be resolved, sustained effort from many people will be required, both nationally and locally. I know that many local Tayside members care deeply about the future of the NHS in that area. When I met John McAllion and Kate MacLean recently, we discussed in some detail some of the action that still needs to be taken.

Major progress still requires to be made to give the people of Tayside the confidence that they need and deserve in their local service. Since the publication of the task force report last year, since additional investment was put into the system and since changes have taken place in the leadership of the local NHS bodies, I have seen discernible improvement in a number of areas. Much more remains to be done, but I hope that local members and the Executive will be able to work together constructively in order to ensure that further, positive progress is made.

This question is specifically about Tayside. I call John McAllion.

Any reasonable person would accept that the situation that the minister inherited in Tayside is a poisoned chalice and that it is one that demanded action, if local services are to be provided on a sound and sustainable basis in future.

Does the minister accept that the patients are the innocent victims in that situation? If so, will she instruct her officials to monitor the local attempts to address the budget deficit in Tayside to ensure that, whatever else happens, patient care in that health board area is preserved?

Many lessons have been learned locally and nationally from the work that is being done to examine the problems that arose in Tayside. Many of those lessons are being acted on and changes to the monitoring of local NHS systems by the health department are part of that work, not only in relation to the situation in Tayside. Some of the bigger changes that were set out in the health plan have been put in place specifically to ensure that we learn those lessons, that we identify problems at an earlier stage and that, nationally and locally, we work together to ensure that those problems are addressed.

John McAllion was right when he said that the problems in Tayside go back over many years. While progress is being made, we should continue to work together to ensure that still more progress is made.

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Scotland Against Drugs

To ask the Scottish Executive how the current remit of Scotland Against Drugs will be refocused or enhanced. (S1O-3080)

An announcement will be made later this month on the action plan for Scotland Against Drugs for the next three years. That follows the Executive's announcement on 19 February that SAD will continue until 31 March 2004, with funding of £1.5 million a year.

SAD will continue to work within the Executive's overall drugs strategy and will extend its successful activities, which are aimed at preventing drug misuse, addressing the consequences of drug misuse in local communities and harnessing support from business.

Will the minister tell the chamber what consultation the Executive undertook prior to its decision to increase SAD's core funding by 50 per cent? Will SAD's future performance be closely monitored and regularly evaluated by the effectiveness unit, particularly in view of the concern that was expressed by Professor Neil McKeganey and others. Professor McKeganey said that we are taking

"a shotgun approach to drugs education"

without assessing the effectiveness of different types of education.

It seems to me that, as on other occasions, Mr Raffan's question is slightly confused. Considerable consultation took place, through the Scottish advisory committee on drugs misuse and the drug action teams, on how additional resources for the next three years should be used and allocated.

In the past three years, SAD has had the specific role of training primary school teachers to deliver drugs education. The drug education programme and the movement towards our target of drug education in 100 per cent of our schools are being taken forward through local authorities and education departments, with support from their drug action teams and a range of agencies. It is not a particular responsibility of Scotland Against Drugs.

What will be put in place to ensure that additional resources for tackling drugs reach communities to help them fight drugs?

With the drug action teams, we have developed a detailed planning template under which they will be required to report back annually on how their resources are being used. The drug action teams are our central mechanism for ensuring that resources are used where they are required and where they can be most effective. On top of that, we are making a significant investment in research into what is effective and what works. We are sharing that research with the drug action teams to ensure that we get the most from every single pound that we invest in fighting drugs misuse.

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Land Reform (Scotland) Bill

To ask the Scottish Executive what submissions it has received regarding the draft land reform (Scotland) bill. (S1O-3054)

The Scottish Executive has received 12 written responses to the consultation on the draft land reform (Scotland) bill and the draft Scottish outdoor access code since their publication on 22 February 2001. A copy of all responses, unless they are confidential, is made available for public inspection at the Scottish Executive library at Saughton House shortly after receipt.

Does the minister agree that everybody who genuinely respects the countryside should understand the grave crisis that is facing the farming community because of the current foot-and-mouth epidemic? Responsible hillwalkers and ramblers who do are therefore staying away from the countryside until the crisis is over. However, in the longer term, will the minister ensure the legal right of responsible access to the countryside and to inland waters? Will he do so, rather than capitulating to big landowning interests, some of which want criminal charges to be brought against people for taking part in harmless activities such as walking over open grassland without the owner's consent? Does the minister agree that that would defeat the purpose of the bill?

I certainly endorse the principle of the right of responsible access, which is enshrined in the bill. That right is not a right to roam, it is a right of responsible access.

The current arrangements have failed to provide the level of access that many people want. They want, in particular, to have access to areas that are close to where they live. Many people are confused as to where they may go. No-entry signs are put up where entry would, in fact, be quite legitimate. Our ambition is to allow a right of responsible access. The access code and the bill contain arrangements to deal with land management issues. There is scope for a proper balance, which has been struck.

Mr Canavan is absolutely right to reflect on the current problem of foot-and-mouth disease. Clearly, if there was an outbreak of the disease after the measures that are contained in the bill became law, statutory measures to limit the spread of foot and mouth would override the right of access. Some people have expressed concerns that those things are in conflict, but that is not the case. I welcome the responsible attitude that people—almost universally—are taking by treating the countryside with great respect during this time of crisis.

Mr Canavan and the minister referred to the current outbreak of foot-and-mouth disease. Given that the disease has the countryside in its grip—I use the word advisedly, because we heard in this morning's debate about the terror with which that disease is gripping the countryside—would the minister consider extending for a limited period the consultation period for the draft bill.

I appreciate that that issue has been raised. We will await developments and keep under consideration an extension to the 12-week consultation period. Obviously, we want to have discussions with the National Farmers Union of Scotland and the Scottish Landowners' Federation as the situation develops.

Why was the right of tenants to buy farm holdings when they come on to the market not included in the draft bill?

It was never anticipated—and the consultation paper was published in July 1999—that the issues that surround landlords and tenants in relation to farms and farm holdings would form part of the bill that deals with our land reform agenda.

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Scottish Secure Tenancy

To ask the Scottish Executive what benefits are anticipated from the proposed Scottish secure tenancy. (S1O-3062)

The proposed Scottish secure tenancy will lead to a single set of rights for all tenants of local authorities and registered social landlords. It will provide enhanced rights in relation to both succession and information and, for the first time, there will be a right to a joint tenancy and a right to exchange, together with new duties on social landlords to promote tenant participation.

Under the local authority secure tenancy, the courts can take reasonableness into account when considering eviction for rent arrears. That means considering the personal circumstances of the individual concerned. Can the minister assure us that that will continue to be the case under the Scottish secure tenancy?

It is for a sheriff, having considered all the circumstances of a case, to decide whether it is reasonable to grant an order for recovery of possession. As Elaine Smith will know, sheriffs have discretion to refuse such orders, even if a landlord has made a case for one. We are keen that the courts should retain that wide discretion so that they can take into account all the circumstances of any individual in a particular case.