SCOTTISH EXECUTIVE
My opening words this afternoon may be thought by some to be an example of the triumph of hope over experience but, now that the elections to another Parliament have been announced, I hope that we do not spend question time over the next three weeks fighting that election in this chamber.
Devolution
To ask the Scottish Executive whether it has had any discussions with Her Majesty's Government about the continued devolved status of any currently devolved matters. (S1O-3369)
The Executive has regular discussions with Her Majesty's Government about a wide range of matters. However, any proposals to add to the list of reserved matters set out in schedule 5 to the Scotland Act 1998 would require the agreement of both Parliaments by way of an order under section 30(2) of that act. The Executive has no plans at present to seek the Parliament's agreement to any such order.
I am pleased to hear the minister's positive reply. However, if new Labour wins the election, will he and his Executive colleagues take action to counter proposals made by John Prescott's Department of the Environment, Transport and the Regions to remove Scotland from policy making on key environmental issues by taking powers from the Scottish Executive and handing them to an new all-Britain quango, the UK nature advisory council? Will he stand for Scotland or bend the knee to Whitehall?
Mr Gibson can be absolutely certain that my party and the partnership Executive will stand for Scotland, as we have been doing for the past two years. His question is purely hypothetical. I do not wish to trespass against what the Presiding Officer has said, so I will not speculate on the outcome of the election and on who might be in a position to make any proposals about the environment. The Executive has no plans to present the Scottish Parliament with any order for any transfer of functions under section 30(2) of the Scotland Act 1998.
Foot-and-mouth Disease
To ask the Scottish Executive what the most up-to-date position is in relation to the foot-and-mouth disease outbreak. (S1O-3401)
As at 10 am today, there have been 182 confirmed cases of foot-and-mouth disease in Scotland. That means that no new cases have been reported in Scotland since 4 May. The absence of new cases is encouraging, but vigilance needs to be maintained.
Is it any wonder that people are confused when they hear the First Minister telling America that Scotland is open for business while the reality is that much of the Scottish countryside is still closed? Why is it that, in disease-free areas, the Executive continues to tell ramblers and hillwalkers to obey official "Keep Out" signs and to respect other such signs, when it should be telling public bodies and private landowners to get the signs down unless the state veterinary service has assessed the risk as being too great in a particular area?
I do not think that there is any inconsistency in our position. What the First Minister said in America was absolutely right. However, Mr Canavan has pointed out that inconsistencies have arisen due to private landowners and others taking a disproportionate response, even though the access code has been published and the Executive has made available to a variety of bodies an assisting guide on how they should assess risk. In respect of the provisionally free area, I agree entirely with Mr Canavan. We hope to issue further guidelines. Local authorities, landowners and everyone in those areas should recognise that the risk is very much reduced and that there are very few parts of the provisionally free area where the country should not be open for business.
I have two questions that relate to the provisionally free area. When can the collection centres be used for store cattle? Can we expect a resumption of exports before the autumn lamb sales and, if not, what plans does the minister have for those sales?
We have opened collection centres but not yet for store cattle. I hope that that will be the next move and that it will happen relatively soon. In respect of exports, we are engaged with the Standing Veterinary Committee in Europe to establish what will be required to determine that Scotland is disease-free. I regret to say that those discussions are proving to be prolonged. We know that extensive testing will be involved and, as a precautionary measure, the Scottish Executive has started a series of tests to facilitate that process. I am unable at this stage to give any guarantee of the date when exports might be resumed. I assure the member that I am more than well aware of the danger if that market is not available for the lambs in the autumn.
What plans does the minister have to review the status of the provisionally free area so that the provisional tag may ultimately be removed? What is the likely impact of the removal of that tag on the movement of stock and animal products into the area, should it be declared completely free of the disease?
Taking into account the epidemiological evidence that is available to me and in the light of the changing pattern of disease, I continue to review all the current regulations in conjunction with the state veterinary service, including the point that was raised on collection centres.
Social Work
To ask the Scottish Executive, in light of the publication of the chief social work inspector's first annual report, what its priorities are for social work services in the future. (S1O-3413)
Our priorities are to improve service outcomes and quality of life for children, adults and older people. To achieve those goals, we are developing better-integrated services for children, breaking down barriers between health and social care and focusing criminal justice services on results. We are establishing a new commission for the regulation of care and a new council for staff. The chief inspector's report provides a basis for judging progress year on year in each authority and throughout Scotland.
I thank the minister for that answer and that comprehensive list of priorities, but I draw his attention to the report, which states:
Initiatives are under way in a number of authorities, particularly Glasgow, to recruit new social workers to deal with the case-load backlog. The Executive and the Parliament will, I hope, shortly establish the new Scottish social services council, which will raise the status of the profession and ensure that there is consistency of standards throughout Scotland. The council will ensure the professional recognition of those who work, not necessarily under the title of social workers, but in social services, which will ensure that we can raise standards.
The report also recommends the promotion of enlightened entrepreneurship in the social services. Is that a new Scottish Executive initiative? Who will train the social workers in enlightened entrepreneurship and how will it benefit those receiving the service?
The phrase used in the report was an interesting one, which I intend to discuss with the chief inspector when we consider his report in more detail.
Litter
To ask the Scottish Executive what plans it has to tackle the level of litter across Scotland. (S1O-3376)
The Executive pays core grant to Keep Scotland Beautiful, which runs anti-litter campaigns to encourage communities to take pride in their local environment.
Does the minister agree that Scotland has the cleanest bins in Europe because no one seems to put their litter in them? Will the Executive ensure full implementation of existing litter laws and consider new laws where existing laws are deemed inadequate? Will it further consider a Scottish anti-litter task force to draw together public agencies to deal with the scourge of litter, which is causing frustration and anger in communities throughout Scotland?
We recognise that there is a problem with litter in Scotland. That is something that we are keeping under review with the local authorities. In view of the proliferation of litter that is likely during the general election campaign over the next few weeks, I take this opportunity to remind colleagues to ensure that any unwanted leaflets and large posters are removed expeditiously.
The minister knows my beautiful area of Easter Ross well, so she will be aware that Tain Royal Academy in my constituency has recently done some pioneering work on the litter front. Does she agree that, during the next few weeks, similar schemes should be pursued with other secondary schools in Scotland to pick up all the posters and leaflets?
Absolutely, but I hope that colleagues will take part in such schemes as well.
In view of the minister's remarks about unwanted posters, I had better call Phil Gallie.
Thank you, Presiding Officer. Given the wish of the Scottish Executive to widen the use of community service as opposed to imprisonment, will the minister consider using community service programmes on roadside clean-ups? I believe that that would help to beautify Scotland's image and, at the same time, get offenders to pay back a debt to society.
As I said, we are fully committed to keeping Scotland as beautiful as we can. We recognise that Scotland is one of the most beautiful countries in the world. I am sure that, if Mr Gallie writes to the appropriate minister, he will receive an appropriate response to his proposal.
The minister will be aware of my constituents' concerns about increased litter along the M74 corridor. What steps will the Scottish Executive take to clean up our motorway sides?
I am aware of concerns that the outgoing trunk road operating companies may have neglected the clearing of litter from motorways during the final months of the old contracts and left a legacy for the new operating companies to address. That is far from satisfactory, but the backlog is being tackled.
Extradition
To ask the Scottish Executive in what circumstances it would consider not taking the necessary steps to return a person to a foreign state that had requested their extradition. (S1O-3412)
Scottish ministers are able to refuse an extradition request where one or more of the statutory bars to return under the Extradition Act 1989 applies or where the Scottish ministers decide to exercise their discretion.
Does the minister agree with Lord Milligan, who gave a judgment on 16 July 1992 that Antanas Gecas, a citizen of Edinburgh, was guilty of the killing of innocent Soviet citizens, including Jews in particular, in Belarus during the last three months of 1941, and in so doing committed war crimes against Soviet citizens who included old men, women and children? Will the minister tell the Parliament when the extradition order that was granted by the Lithuanian Government, and transferred from the Home Office to Scotland, will be applied and when Mr Gecas will be sent to stand trial in Lithuania for his crimes?
As members know, it is not normal to discuss extradition requests, because of the risk of individuals absconding. However, as the Lithuanian authorities have made the matter public, I am prepared to make an exception. An extradition request was received towards the end of March, but the Scottish Executive has asked the Lithuanian authorities for further details, which are still awaited.
That is a somewhat disappointing reply, but I have a further related question. Will the minister agree to reconstitute the police war crimes unit in Scotland to initiate investigations into former members of the 14th Waffen SS Galician division who are living in Scotland?
As someone who voted for the War Crimes Act 1991, I treat alleged offences under that act very seriously indeed. With regard to Lloyd Quinan's question about that specific unit, I would not wish to give an undertaking without giving the matter further consideration.
visitscotland
To ask the Scottish Executive what direction and guidance it has given to the interim chief executive of visitscotland. (S1O-3370)
The interim chief executive has received the direction and guidance that chief executives of all non-departmental public bodies receive about their role—the management statement, the NDPB guide and the accountable officer memorandum.
The minister will be aware that the marketing budget for visitscotland in Canada has gone from the princely sum of £8,000 in 1995 under the Tories to the veritable king's ransom of £4,000 under new Labour in 2000. That is a spend of approximately 3p per visitor. Who is responsible for that absurd situation in the homeland of the diaspora? Does the blame lie with visitscotland? If so, does it lie with the current chairman, the past chairman, the current interim chief executive, the past chief executive or the chief executive who was appointed but was subsequently not appointed? Alternatively, does it lie with the Executive, which has underfunded and neglected Scottish tourism?
I will take each of those points in turn. The chief executive—past, present and future—of visitscotland, like all other chief executives, operates under the direction of the board by which they are employed. I hope that that clears up their employment status.
How many individuals are being interviewed for the job of chief executive of visitscotland, now that Rod Lynch has withdrawn from the post? How long will that process take? Is the interim chief executive willing to continue after June until a replacement is found?
As I indicated, the chief executive is appointed by the board. The matters that George Lyon mentions are for the board of visitscotland, but I can confirm that visitscotland indicated in the action points that it released last week that the current interim chief executive would be staying on, that it had commenced a search for a new chief executive and that it expected interviews to be conducted this month.
Could the minister advise—not tell to do, but advise—the Scottish Tourist Board, of fond memory, that we would like it to spell its name properly again, because the spelling of the new name confuses visitors, never mind the rest of us?
Margo MacDonald may recall that the change of name to visitscotland was endorsed not only by the board of visitscotland but by the vast majority of the area tourist board network, which did not want a disconnection between the name of the organisation and the name under which it operated electronically. We accepted the recommendation and the board, as far as I know, has no plans to change the name.
Lung Cancer
To ask the Scottish Executive what progress is being made in the fight against lung cancer. (S1O-3396)
Lung cancer is the most common cancer among Scots and tobacco use is the most common cause of the disease. The Executive is continuing to work with NHSScotland and other bodies to achieve improvements in prevention, diagnosis and treatment. Specific measures taken to date include: the provision of nicotine replacement therapy on prescription; the expansion of smoking cessation services; enhanced health education measures; £29 million additional investment in imaging and radiotherapy equipment; six extra cancer consultant posts; and a major capital investment programme to rebuild the Beatson oncology centre in Glasgow.
Scotland has a terrible record on lung cancer, but not one of our five cancer centres in Scotland provides a treatment called continuous hyperfractionated accelerated radiotherapy—CHART—which is a form of radiotherapy that can considerably extend someone's life expectancy. In a written reply, the minister told me that the National Institute for Clinical Excellence was currently considering the matter. I have been in contact with NICE, which has advised me that it is not considering the treatment and that the issue is not on its work schedule. Why did the minister provide that inaccurate information? Is she prepared to refer the treatment to the Health Technology Board for Scotland for consideration?
When that answer was provided, the advice that we had been given was that NICE might be examining the treatment. My understanding now is that the position that Michael Matheson has stated is the correct one. In Scotland, CHART would benefit only a small number of people with lung cancer. It is offered in a limited number of centres in England. We continue to consider the matter as part of our on-going development of cancer services across Scotland, through the Scottish cancer group and in other forums.
Maternity Units
To ask the Scottish Executive which hospitals' in-patient maternity units may be relocated following acute services reviews. (S1O-3397)
It is not possible for me to comment on or indeed speculate about the location of hospital in-patient maternity units ahead of the completion of local acute services reviews that are currently taking place. However, I expect NHSScotland to take full account of the national framework for maternity services when considering the most appropriate configuration of maternity services to meet the needs of the local population.
I am disappointed that the minister could not give the chamber a fuller answer, as she must have the information at her disposal. She might have mentioned the proposals to move maternity services from Stirling to Falkirk, from Perth to Dundee, from Dunfermline to Kirkcaldy and so on—there is a list of 13 or more maternity units that might be moved. Perhaps the minister will place that list in the Scottish Parliament information centre some time. When she gives her strategic overview of the service, will she consider the population growth in Stirling over the past two years, which has been 10 times that in Falkirk?
Brian Monteith's representation of the issue is disingenuous, dishonest, misleading and—I must say—scaremongering, particularly as it concerns such an important and sensitive area of service provision. He is well aware that there has been full and considered local debate about the right configuration of maternity services now and in future. It is only right that local people should be properly informed about those issues and involved in the debate; they should not be misled by local politicians making a bid to score cheap political points.
The minister is well aware of the continuing public outrage at moves to downgrade maternity services at Perth royal infirmary. Will she join me in welcoming the late addition to the acute services review of another option that would retain a consultant-led maternity provision at PRI? Will she also go further and give a commitment to Scotland that she will continue to push for locally accessible services within the framework that she mentioned and confirm that there will be no orthodoxy of centralisation in Scotland's health service?
The national framework for maternity services makes it clear that there must be proper local provision not just of delivery units but of general maternity care from pregnancy through to post-natal care. Current practice—and current expectations based on modern medicine and technology—enables us to provide far more support and services to the community than was once the case. I hope that, when health boards across Scotland consider those matters, they will think and act flexibly and that they will listen and respond to the real concerns of local communities. In that light, I am pleased that Tayside Health Board has been thinking flexibly and continues to be in dialogue with the local community about its concerns.
Does the minister agree that safety must be the paramount consideration in the implementation of the maternity strategy? If we are not to demoralise Scottish midwives, will she ask her officials to ensure that the changes required in working practice to implement the team midwifery systems—which are important for pre-conception, prenatal and postnatal care—are handled carefully? Furthermore, will she ensure that her first priority in appointing additional community midwives should be understaffed areas and areas of deprivation?
I certainly endorse Richard Simpson's comments about the importance of safety as a key consideration in debates about the future of maternity services. I would add the importance of enabling women to exercise informed choice about their maternity care and, in particular, the birth of their child.
Hospitals (Mixed-sex Wards)
To ask the Scottish Executive when it plans to publish its review of the progress made to date in ending mixed-sex wards in hospitals. (S1O-3371)
The Scottish Executive is committed to the elimination of mixed-sex accommodation and has allocated £4.8 million to NHSScotland specifically for that purpose. The most recent review of progress shows that a third of NHS bodies have achieved full compliance and that the remainder have plans to do so.
Will the minister confirm that more than half Scotland's hospitals still have mixed-sex wards? Will she also confirm that the Executive does not have a clue where the £4.8 million has gone, which trusts have received it or what it has been spent on? Will she give an assurance that the unsafe, undignified mixed-sex wards will be replaced as a matter of priority?
The Executive has been consistent in its commitment to ending mixed-sex accommodation. We have backed that commitment with investment and continuing work with the service to ensure that plans and changes to buildings and working practices are established. Contrary to what Tricia Marwick has just claimed, we undertake regular monitoring of the situation, and we are well aware of the state of play throughout the country, which changes continually. I am especially pleased that new hospitals have come on stream, in which the highest possible standards of dignity and privacy are provided. We will continue to ensure that the targets that we have set are met.
ME Awareness Week
To ask the Scottish Executive what plans it has to recognise and promote ME awareness week. (S1O-3382)
Events and activities to promote awareness weeks for any condition are usually led by the voluntary support groups. I have not received any invitations from the various ME support groups to participate in ME awareness week, but I hope that it will succeed in raising awareness of this little-understood illness.
I assure the minister that invitations will be forthcoming shortly.
I welcome any developments that enable us to improve the understanding and treatment of this extremely debilitating condition— I have seen it at first hand—which affects a great many people and has significant effects on them.
The minister has given a sympathetic response, but what about action? As the minister is aware, the provision of health care—if care is provided—from diagnosis to treatment and therapy for those who have ME is, to say the least, patchy in Scotland. Will the minister commit to undertake a national audit of provision for people in Scotland who have ME and to act on its findings?
On this issue, as in other areas, I share the concern and frustration of members, ME sufferers and their families, who believe that we must take the right action to make a difference. Sadly, it is not as straightforward as that. The causes of chronic fatigue syndrome and ME are not fully understood, nor is there any generally agreed treatment. Nevertheless, I hope that the CMO in England and Wales's report on the matter will aid our understanding and inform the NHS in Scotland for future service provision.
Judiciary (Training)
To ask the Scottish Executive what plans it has to introduce mandatory training programmes for the judiciary on issues such as rape and domestic abuse. (S1O-3405)
Judicial training is a matter for the independent Judicial Studies Committee, which is chaired by the former Lord Justice Clerk, Lord Ross. It is a constitutional principle of considerable importance that the judiciary are independent of the Executive; therefore, it would not be appropriate for the Executive to determine mandatory training requirements for judges.
Does the minister agree that certain rulings, especially the recent ruling of Lord Abernethy, could have been avoided if the judiciary had been properly trained and aware of how women react to rape and how it affects them?
I am not sure that I would come to the same conclusion. With regard to the case that Gil Paterson raises, and which he has raised with me before as his cross-party group takes great interest in the matter, the Parliament will be aware that the Lord Advocate has agreed to make a reference to the High Court of Justiciary seeking clarification of the law on rape. That court will clarify the points of law raised under this reference, an issue that is of considerable concern and interest to all members of this Parliament.
Foot-and-mouth Disease (Dumfries and Galloway Council)
To ask the Scottish Executive what steps it has taken to ensure that Dumfries and Galloway Council is refunded the £5.5 million it has spent to date on the eradication of foot-and-mouth disease. (S1O-3386)
As I announced this morning, we are making £2 million available to Dumfries and Galloway Council on account to reflect the costs that it has faced in dealing with the outbreak of foot-and-mouth disease. We will work with the council to help it achieve reimbursement for expenditure that it has incurred on behalf of other organisations. We will also assist the council with any cash-flow problems it might face as a result of the outbreak.
I welcome the minister's answer. In his capacity as general factotum for all Dumfries and Galloway issues, will he make a public confirmation of the fact that all the money that the council has spent on the exercise will be refunded?
We have given that public confirmation. My announcement this morning dealt with issues around the recovery of the moneys and cash-flow problems. We have the agreement of the council on those matters.
Will the minister confirm whether the £2 million that was announced this morning towards the expenses that have been incurred by Dumfries and Galloway Council is additional to the expenses that are likely to be underwritten by the Ministry of Agriculture, Fisheries and Food?
The first part of Dr Murray's question specifically addressed the present known total expenditure of £5.5 million. I said that we were making £2 million available on account right now. I went on to say that we would assist the council in the recovery of moneys in relation to other organisations on whose behalf it had undertaken expense. The phrase "other organisations" encompasses MAFF.
Schools (Promotion of Industry)
To ask the Scottish Executive what is being done to promote industry in schools and, in particular, what is being done to encourage young people to acquire the skills that industry needs through the study of technical and other relevant subjects. (S1O-3381)
There is a wide range of education for work activities in schools, which are designed to give young people direct experience of the world of work. From this summer, the Scottish Executive will be conducting a review of education for work, focusing on establishing best practice. We are also working with the private sector to launch a major enterprise initiative in primary schools for the new academic year. New general and credit courses for standard grade technological studies have been developed and will be implemented from the session that starts after the summer.
I welcome those changes. However, what will replace the foundation level of technological studies? Parents are concerned that youngsters will not be able to access foundation courses.
There is no doubt that Jack McConnell, the Minister for Education, Europe and External Affairs, is much better informed on that part of the question than I am. The job of my department is simply to encourage industry to engage with schools.
Does the minister accept, after listening to the view of Electronics Scotland, that there is now a void between the need and the provision of skills in Scotland? Does the minister acknowledge that that is an area of profound concern in our schooling, not just because of the fact that we may not have adequately trained or skilled teachers to provide the skills that are so desperately needed, but because there may be an attitude problem on the part of parents and their contemporaries in advising youngsters that a successful career may lie ahead in technological areas? How does the minister propose to address those factors?
I agree whole-heartedly with Annabel Goldie's points. It is true that across the entire spectrum, not just in schools, there is an unfortunate mismatch between the skills that people have and the opportunities for employment that exist. The raising of the profile of learning and skills in the enterprise network, the realignment of the careers service and the creation of the future skills unit are designed to deal with that problem. I welcome the fact that Electronics Scotland is holding a summit, which will touch on those matters, in June. I know that the Enterprise and Lifelong Learning Committee is participating in that.
Gaelic
To ask the Scottish Executive why a department of the Gaidhealtachd, to advise it on Gaelic policy, has not yet been set up and when such a department will be operational. (S1O-3365)
Matters relating to Gaelic are handled in the Scottish Executive education department. The Executive is currently considering ways to ensure that all Gaelic-related initiatives are properly supported.
In view of the fact that the recommendation to establish such a department or unit in the Scottish Executive was made several months ago by the task force that it appointed, will the minister ensure that that recommendation is implemented at an early date?
In December 2000, Alasdair Morrison established the advisory group on Gaelic, with the remit to prepare a strategic plan for the language. The advisory group will have produced a report by June. I assure John Farquhar Munro and other members that Alasdair Morrison and the entire Executive are committed to supporting Gaelic. We will be pushing that agenda forward with vigour. I will meet the Deputy Minister for Enterprise and Lifelong Learning and Gaelic to discuss additional measures to support the Gaelic language and, vitally, the culture that underpins it.
Respite Care
To ask the Scottish Executive what level of funding has been allocated to local authorities in 2001-02 for respite care for profoundly mentally and physically handicapped adults. (S1O-3404)
We have allocated £1.25 billion in grant-aided expenditure to local authorities for social work in 2001-02. Of that, £15 million is earmarked for carers and respite care. The allocation is largely unhypothecated. It is for local authorities to determine the detailed use of their resources in the light of local circumstances.
Is the minister satisfied that adequate monitoring procedures are in place to ensure that councils utilise those resources in the manner intended? There is a lack of full-time respite care services in Fife in particular.
We have sought to ensure that effective monitoring processes, provided from within the Scottish Executive, are in place, to ensure that the additional resources that have been allocated for the purpose are put to best use.
Tuition Fees
To ask the Scottish Executive whether "in Scotland, all graduates will pay £2,000" in the coming year, as stated by the Secretary of State for Education and Employment in a letter to the New Statesman of 30 April 2001 referring to tuition fees. (S1O-3385)
Because of exemptions for higher national certificate and higher national diploma students, mature students, lone parents and disabled students, we expect that around half of the students who study in Scotland and fall under the responsibility of the Student Awards Agency for Scotland will be liable for the graduate endowment. Only graduates beginning their studies from 2001 onwards will be liable.
I am obliged to the minister for setting out the true state of affairs. I would be even more obliged if she would pass that information on to Mr Blunkett.
I am content to do that.
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