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Chamber and committees

Plenary, 12 Feb 2004

Meeting date: Thursday, February 12, 2004


Contents


Question Time


SCOTTISH EXECUTIVE


Tanker Traffic (The Minch)

To ask the Scottish Executive whether it is aware of any potential threat to the environment from unregulated tanker traffic in the Minch. (S2O-1294)

The Deputy Minister for Environment and Rural Development (Allan Wilson):

All shipping is regulated internationally under International Maritime Organisation conventions and protocols and domestically under merchant shipping legislation. The Scottish Executive continues to liaise with the United Kingdom Government in its efforts to ensure that shipping in the Minches and elsewhere around Scotland is regulated as effectively and safely as possible.

John Farquhar Munro:

I am sure that the minister is aware of the sinking of the Jambo off the Summer isles and that last year the Minch proved to be too great a navigational challenge for Her Majesty's submariners. Does he accept that it is important for Scottish ministers to raise concerns with Her Majesty's Government at every possible opportunity? If no effective action is taken soon, a situation involving a stranded oil tanker in the Minch is a matter not of if, but of when.

Allan Wilson:

The Executive recognises the sensitivity of the Minches to pollution and works closely with all Government departments, the industry and other agencies with maritime safety as a clear priority. There are long-standing arrangements for laden oil tankers transiting the Minch and measures that have been introduced develop a western route to the outside of the Hebrides. Such an approach contributes significantly to shipping safety in the area and helps to preserve the Minches from the potential threat posed by oil pollution from a stricken tanker.

Mr Alasdair Morrison (Western Isles) (Lab):

I urge the minister and his UK counterpart to ignore in their discussions the pleadings of those who wish to ban tankers from the Minch. After all, forcing tankers to sail west of the Hebrides in all weathers is extremely dangerous. Does the minister agree that all talks on tanker traffic should be focused on establishing a pilot system up and down the Minches?

Allan Wilson:

I agree with the general thrust of the member's question that it would be inherently dangerous to ban tankers from the Minch and, indeed, would increase the potential risk of pollution. That said, the route that I referred to was agreed by the International Maritime Organisation and is clearly marked on navigational charts. As a consequence, the vast majority of tankers that transit the Minch do so in ballast.

Does the Scottish Executive plan to authorise a further inspection of the wreck of the Jambo off the Summer isles and the complete recovery of its cargo and any other possible pollutants?

Allan Wilson:

No. As I have explained in correspondence with John Farquhar Munro, the recovery of the Jambo's cargo was effected during the summer as well as it could be under the circumstances. We have no plans to authorise any further procedures in that respect.

Mr Jamie McGrigor (Highlands and Islands) (Con):

Has any consideration been given to using an automatic identification system for vessels travelling through the Minch? Such an approach would lessen the need for mandatory pilotage and would provide a safe, worldwide approved system that would allow coastguards and other authorities to pinpoint the position of tankers and communicate with them when necessary.

Allan Wilson:

As I understand it—and I am happy to get back to the member on the matter—the issue that he raises falls under merchant shipping legislation, which means that it is reserved. I also understand that no current mechanisms can specifically identify ships at sea that are carrying more than 2,500 tonnes in their bunkers. However, I am happy to consider in concert with UK colleagues that and any other suggestion that would improve navigation through the Minch and which would help to protect the islands from the potential threat of oil pollution.

Eleanor Scott (Highlands and Islands) (Green):

The minister will be aware that the cargo of the Jambo contained potentially toxic materials—1,500 tonnes of primarily zinc sulphate but also arsenic, lead and cadmium. At the time of the wreck, it was felt that the removal of those toxic materials was essential and that the cargo could not be left in situ. What has changed? How can the minister be sure that it is safe to leave that toxic cargo on the sea-bed?

Allan Wilson:

All the best scientific advice available tells us that the remainder of the cargo of the Jambo does not pose a threat to the environment—except, obviously, in the immediate vicinity of the wreck. The costs of recovering the last remnants of that cargo would be wholly disproportionate to the environmental threat posed, which is, as I say, negligible.


Mixed-Sex Wards

To ask the Scottish Executive what the reasons are for it not achieving its target of ending mixed-sex wards in hospitals by March 2002. (S2O-1301)

The Minister for Health and Community Care (Malcolm Chisholm):

We are fully committed to ensuring the privacy and dignity of patients at all times. Ninety-nine per cent of wards meet the target. Changes to wards at Grampian University Hospitals NHS Trust and the North Glasgow University Hospitals NHS Trust will be complete by autumn. Discussions are in progress with clinicians at the Royal Edinburgh hospital on how to ensure that its wards comply with the target as soon as possible.

Shona Robison:

Does the minister agree that it is totally unacceptable for any patients in Scotland to have to be accommodated in mixed-sex wards? Was all of the £4.8 million that was allocated to resolve the problem indeed spent on addressing it? When will we finally see an end to mixed-sex wards in Scotland?

Malcolm Chisholm:

It is certainly unacceptable; that is why we have put such effort and resources into resolving the problem. A total of £4.8 million was spent and that is why we have made such great progress and have achieved 99 per cent compliance. However, I am certainly not happy with any figure that is less than 100 per cent. In the three trusts that I mentioned, there were reasons for non-compliance. For example, at Stobhill hospital in north Glasgow, there were difficulties with fire safety regulations. I am told that those difficulties will be resolved by June. I expect the other difficulties to be resolved this year as well. By coincidence, there will be a meeting with patients groups and the management at the Royal Edinburgh hospital on Monday. If the situation is not resolved satisfactorily, we shall certainly intervene to ensure that we achieve 100 per cent compliance by the end of the year.

Mrs Nanette Milne (North East Scotland) (Con):

When considering the setting of achievable targets in this respect, or in any other respect, will the minister follow the example of his counterpart in England, who this week announced proposals for a new, slimmed-down set of targets for the national health service? Things will be driven at local level and more power will be put into the hands of front-line staff, allowing them to focus on clinical needs.

Malcolm Chisholm:

John Reid did not say anything in England this week that I have not said already. On many occasions I have said that we need to have a small number of targets. People accept that targets such as a maximum waiting time are what patients expect. However, I have said on many occasions—and it is in many of our documents—that we want a limited number of targets. There is an emphasis on local decision making and empowerment of front-line staff. We have been saying that since "Partnership for Care: Scotland's Health White Paper" was published a year ago this month.


Scottish Executive (Travel Policy)

To ask the Scottish Executive whether it has a policy to encourage staff to travel by train where appropriate. (S2O-1314)

The policy of the Scottish Executive is that when staff are travelling on official business the most efficient and economic means of travel available must be used.

Chris Ballance:

I thank the minister for that answer and note that it did not include the word "sustainable".

The minister will be aware that he and his ministerial colleagues took 20 flights each last year and that more than 70 per cent of those flights were within the United Kingdom mainland. Given that it is easier to work on a train and that the train is almost as quick as flying when checking in and travel to and from the airport are taken into account, when will ministers ask officials to adhere more to their own environmental travel policies, rather than using the most polluting form of transport?

Tavish Scott:

I am afraid that Mr Ballance is just wrong. The Executive travels in the most sustainable manner possible. He may be interested to know that during 2002-03, 40,519 rail journeys were undertaken, compared with 10,166 journeys by air within the United Kingdom. By my maths, that is a pretty sustainable level—eight out of 10 journeys are undertaken by rail.

I hope that the member accepts that the Executive maintains its own travel plan: it has set up a green travel website, bicycle user and car-sharing forums and taxi-sharing schemes and has taken other practical measures to encourage and simplify the use of sustainable transport.

I encourage the member to note the exemplary behaviour of my colleague Mr Kerr, who this week travelled to London on ministerial business by train, a form of travel that he commends to all of us—although thankfully not to me when I am going home.

Robert Brown (Glasgow) (LD):

Does the minister agree that for particular buildings and major employers to have green transport plans is the best way to proceed on such matters? What progress is the Executive making on the production of green transport plans, particularly in hospitals and other similar organisations that are under its jurisdiction?

Tavish Scott:

I am sure that Mr Brown will be familiar with the Executive's partnership commitment on green transport plans, which involves the production of packages specific to individual sites that aim to promote more sustainable transport and travel behaviour. We aim to increase the number of green transport plans that are developed and implemented in Scotland by local authorities, national health service boards and businesses and other organisations.


Waiting Times (Drug Treatment Services)

To ask the Scottish Executive what the average reduction in waiting times for drug treatment services has been in the last year. (S2O-1323)

The Deputy Minister for Justice (Hugh Henry):

The information requested is not held centrally. However, a national information framework for monitoring drug treatment waiting times is being introduced on 1 April 2004. Drug action teams will be required to collect waiting times from treatment providers in their areas for a number of treatment types and to report quarterly to the Executive.

Richard Lochhead:

I hope that, once the minister gets that information, he will appreciate the scale of the problem in Scotland, particularly in areas such as Grampian, where many drug addicts are told that they will have to wait a minimum of three months—and perhaps up to eight months—for an appointment with the local drug problem service. Will the minister tell us what he thinks is an appropriate time for drug addicts to wait for drug treatment services? Does he agree that a period of eight months is utterly unacceptable if we want families and communities to escape the impact of drug misuse on their lives?

Hugh Henry:

I recognise that problems remain in some parts of Scotland. That is why we are examining closely treatment and rehabilitation services. Although I acknowledge that more needs to and can be done, we must also ask ourselves whether the money that we are using at the moment is being used to best effect. We need to build on good practice and to eliminate practice that is not delivering consistent quality.

I can inform Mr Lochhead that NHS Grampian, for example, has achieved a significant reduction in waiting times for its prescribing service over the past couple of years. Since 1999-2000, there has been a 30 per cent increase in residential services throughout Scotland and, since 1998-1999, the resources allocated to Grampian for drug treatment services have almost doubled. Although we can always do more, we can demonstrate some significant progress.

Richard Baker (North East Scotland) (Lab):

Although the minister acknowledges that the Executive wants to make further progress on the issue, he will be aware of the additional provision of drug treatment services in Aberdeen in recent years. I am sure that he will join me in welcoming the reduction in drug-related incidents that Grampian police announced this week. Will he tell us what consideration the Executive will give to the provision of residential rehabilitation services based in the north-east to help to reduce drug misuse in the region?

Hugh Henry:

As I have indicated, since 1999-2000, there has been a 30 per cent increase in residential services in Scotland. We recognise that residential services have a part to play in treatment services, but the assessment of an individual's needs must be made by the clinician. Although we accept implicitly that residential treatment can make a difference, there could well be circumstances in which community-based treatment would be far better for an individual. There needs to be a balance, and the clinician needs to make a decision based on the individual's circumstances. Where residential treatment is required, we would say that we need to ensure that the facility is available quickly, so that the person is treated when they need to be treated and when they are prepared to seek help, without a delay that could perhaps compound their problem.

Miss Annabel Goldie (West of Scotland) (Con):

Does the minister accept that in the provision of those vital services there is scope to have regard to what the voluntary and charitable sector is trying to do? Will the minister confirm whether, within the new national provision of data, it is proposed to quantify the work of that sector?

Hugh Henry:

We are considering who provides services and where the services are provided. Without the support of voluntary and charitable organisations, we would not be able to deliver a quality service in Scotland. Those organisations are indispensable to how we want services to be developed. I guarantee that we see such organisations as legitimate and valuable partners. Where we believe that voluntary or charitable organisations can make a contribution to residential services, we encourage local providers to work with them. The key point is to ensure that what is on offer is the most appropriate service for the individual involved. In some cases, the most appropriate service may be residential; in other cases, it may well be community based; while in others, abstinence may be the best way forward. The matter depends on specific cases and individuals.


Area Tourist Boards (Restructuring)

To ask the Scottish Executive what plans it has to restructure area tourist boards. (S2O-1290)

The Minister for Tourism, Culture and Sport (Mr Frank McAveety):

The ministerial group on tourism has been examining the state of Scottish tourism and the public expenditure that is devoted to it. We are considering the role of area tourist boards in the context of those wider issues. We need a support structure for the tourism sector that not only is right for today's market but will stand us in good stead for the future, because tourism is one industry that has a long-term future. We hope to announce the group's conclusions in due course.

David Mundell:

The answer does not surprise me. Perhaps in his next response, the minister will advise us how long the phrase "in due course" means. Surely even the Scottish Executive must recognise that the unwillingness to announce the outcome of the review is causing great uncertainty in the industry and is leading to the inability of area tourist boards to plan for the future and to difficulties with the recruitment of staff. If the minister had the concerns for the tourism industry that he says he has, he would proceed with the review as a matter of priority and not treat the industry with contempt.

Mr McAveety:

We have had a good tourism season in the past year. The Executive is committed to supporting Scottish tourism. One of the reasons why we are taking the time that is required to get the matter right is that we need to connect the role of area tourist boards to the broader marketing structure and the role of our national agency, VisitScotland. VisitScotland requires a commitment to an integrated network to ensure that it delivers marketing of the whole of Scotland and allows the individual tourist boards to plug in more effectively to the structure. The Executive is committed to that. Rather than show contempt for the Scottish tourism industry, we are prepared to give it full support.

Dr Elaine Murray (Dumfries) (Lab):

I am sure that the minister recognises the growing frustration in the sector about the length of time that it is taking to make the announcement. Will he advise members how many times the ad hoc ministerial group has met so far? The group intended to report to the Cabinet in autumn 2003. Does the minister have a new estimate of the date on which the report might go to the Cabinet?

Mr McAveety:

The ministerial group is still deliberating some final issues. As I said, we hope to present the report to the Cabinet in due course. The commitment is to consider the overall package of Scottish tourism, not only the structure of area tourist boards, important as they are. We are considering the marketing budget, the focus and direction of VisitScotland and the connections between local area tourist boards and VisitScotland. The aim is to consider how the bodies can integrate more effectively. If we do that, we will provide a much more sustainable future for tourism in the long run. It is right to take the necessary time to do that. Elaine Murray can be confident that when we make our decisions, they will be about growing Scottish tourism, not attacking it.

Alasdair Morgan (South of Scotland) (SNP):

The Executive has given a whole new meaning to words and phrases such as "in due course" and "soon". The minister's predecessor said in February—last February, of course:

"an announcement will be made as soon as possible after the new Parliament has convened."—[Official Report, 13 February 2003; c 18176.]

Did he mean this Parliament or the Parliament that will be elected in 2007?

On a slightly more consensual note, will the minister give close consideration to areas in which the tourist board's boundaries are already coterminous with those of the other bodies in that area and where the present system works well? Will he take that into consideration in the review, the results of which he will announce soon? The minister will recognise that I am talking about Dumfries and Galloway, of course.

I do not mind taking a lecture from Alasdair Morgan on the general principle of time—he is a member of a party that said quite a long time ago now, "Free by '93." We are still waiting for that. Perhaps any predecessors in the position of—

We might overtake you.

Mr McAveety:

I can assure Alasdair Morgan of our commitment to consider how we can pull together the whole structure of Scottish tourism. Part of the debate has been about whether the 14 area tourist boards form the most appropriate structure for the future challenges that will face tourism. More important, as I stressed earlier, is the role that VisitScotland plays in achieving a much more integrated network, to ensure that we have the ability to respond flexibly to emerging tourism markets.

There have been many submissions on the matter, including some from Dumfries and Galloway members such as Elaine Murray and Alasdair Morgan. Those have been taken into account. Rather than prejudge the final recommendation to the Cabinet, I simply reiterate that we have been addressing seriously the issues that the member raises.

Mr Jamie Stone (Caithness, Sutherland and Easter Ross) (LD):

Will the minister concede that, although the debate about the structures within what he calls the "overall package" is important, what tourists really want is a network of accessible, high-quality tourist information centres? Does he agree with me that having such a network in place would lead us to build on last year's highly successful tourist season?

Mr McAveety:

I agree with the member: that is why we have been supporting the development of much more modern and appropriate visitor centres, through which we can ensure that the quality of the experience of visitors to Scotland is as high as possible. Recently, I found on a visit to the national Mòd in Oban that the Oban visitor centre is one of the most popular in Scotland. The quality and range of what the centre provides, as well as its staff, are excellent. We need to sustain that quality of staff in whatever structure we have in the future. I can assure the member that tourism information centres are part of that.

I call John Swinney.

Members:

Oh!

Mr John Swinney (North Tayside) (SNP):

Well, I take every opportunity that presents itself. Did the Minister for Tourism, Culture and Sport read among his press cuttings on Monday morning an article in The Courier in which the chairwoman of Perthshire Tourist Board expressed on behalf of the local industry a total frustration—the type of frustration that Elaine Murray was talking about—about the length of time that the Government is taking to resolve the issue of area tourist boards? Given the impact that such uncertainty is now having on planning for the future development of the tourism sector at a local level, will the minister—having been asked numerous times—give a definitive timescale for when the Government will publish its review and give some certainty to the industry in Scotland?

Mr McAveety:

That was from one of the individuals whose new slogan is probably, "Still unfree by 2003."

We are trying to pull together the issues that many individuals, including the spokesperson from Perthshire Tourist Board, wish to be developed. If we have a strategy that addresses training and skills, marketing and investment and a much more integrated connection with VisitScotland, that individual will, if we get things right in the long run, welcome any announcement that we make—in due course.


Erskine Bridge Tolls

To ask the Scottish Executive when it will remove tolls from the Erskine bridge. (S2O-1283)

The Executive has no plans to remove tolls from the Erskine bridge, but the matter will be considered as part of the review of existing bridge tolls in Scotland.

Jackie Baillie:

The minister will be aware that the tolls were established under the Erskine Bridge Tolls Act 1968 to pay for construction of the bridge. Given that we have now paid for the bridge's construction not just once, but five times over, will the minister recognise the significant economic, environmental and social benefit that would be gained by removing the tolls, and will he encourage his colleague, the Minister for Transport, to remove the tolls from the Erskine bridge, once and for all?

Tavish Scott:

Jackie Baillie will be familiar with the terms of the partnership agreement, which states:

"We will improve access for our … communities by … Reviewing existing bridge tolls in Scotland".

It is important that, in the review that will shortly be under way, we consider the issues that Jackie Baillie raises and all the issues that will be raised in relation both to the specific issues of bridges and to the Executive's plans for the new transport authority and regional partnerships. It is too early to determine when that review will be finished, but the Minister for Transport will make an announcement—

Members:

In due course.

—in due course.

Des McNulty (Clydebank and Milngavie) (Lab):

The minister will be well aware of previous representations that I and my colleague Trish Godman have made regarding the socioeconomic impact of tolls on the Erskine bridge, which runs between our constituencies. Will the minister work with the relevant local and national agencies to quantify the positive impact that removal of the tolls would have on West Dunbartonshire and Renfrewshire? Will he also ask his officials to investigate the effect that removal of the tolls would have on congestion at the Clyde tunnel and the Kingston bridge? Surely removal of tolls on the Erskine bridge would represent even better value for money than the Executive's investment in the M74 extension.

Tavish Scott:

Mr McNulty raises a number of important issues that I will be happy to bring to the attention of my officials and of the Minister for Transport. Such issues and the detailed socioeconomic arguments that he has put forward will certainly be part of the review, when it takes place.


Electricity Supply

To ask the Scottish Executive whether it is acceptable for an elderly couple to be without electricity for almost a year. (S2O-1300)

The Scottish Executive is committed to tackling fuel poverty in Scotland and would wish to ensure that all people have proper access to supply of fuel.

Frances Curran:

I refer to the case involving Mr and Mrs Bradshaw, about whom I have written to the minister. Mr and Mrs Bradshaw are an elderly couple who have chronic health problems. They have lived without electricity or gas since last April. Their neighbours, who have two children, have had no gas since November because the owner of the caravan park will not let in gas supplies. No one who has been contacted seems to be able to help to restore fuel supplies at the caravan park. Will the minister tell me how it is possible that a caravan park owner seems to have more power than a local authority, the courts, the police, the procurator fiscal and ministers in the situation in question? I cannot get my head around the matter. I give a warning—[Interruption.]

Order.

I am being serious. I say to the minister that a tragedy is waiting to happen at Ailsa View caravan park and I urge her to act.

Ms Margaret Curran:

Frances Curran has written to me about the matter and I understand her commitment to resolving it. Jim Murphy MP has also been in contact with me to attempt to resolve the issue.

That a site owner can do such things is a serious matter of concern. We are considering mobile homes legislation and site licensing arrangements: various measures are being taken. The member will know that the Office of Gas and Electricity Markets has certain powers relating to the resale of electricity. We are ensuring that those powers will be exercised and we are considering a raft of measures that have been undertaken.

The member will know that mediation failed. The local authority has made strenuous attempts to deal with the situation and, as I said, we are concerned. I give the member and Jim Murphy a commitment that we will examine the legislation to ensure that we can protect elderly and other residents in such situations and to ensure that the situation in question is dealt with. That situation is unacceptable. The member will know that the courts are involved and I am sure that she recognises that that prohibits certain interventions. However, I share her commitment to resolving matters, because such practices are unacceptable.

Mr Kenneth Macintosh (Eastwood) (Lab):

Is the minister aware from discussions with me and correspondence with my colleague Jim Murphy MP of the range of problems that a number of families—not just the Bradshaws—face on the Ailsa View site as a result of lack of electricity and gas supplies? I know that the minister is aware of the number of outstanding civil law actions, but is she aware that absolutely no progress is being made to resolve the difficulties through such civil action? I ask her again to investigate with the police and the procurator fiscal whether criminal proceedings can be brought in the matter, given the lack of progress and the need to resolve difficulties before the health dangers and risks that are already damaging residents on the site get any worse.

Ms Margaret Curran:

I should also acknowledge the conversations that I have had with Ken Macintosh about the issue. I am happy to give him an undertaking that we will consider all possible options and that we will investigate matters as he wants us to in order to find out how we can resolve such an unacceptable situation.

Question 8 has been withdrawn.


Internet Security (Children)

To ask the Scottish Executive what measures are being taken to protect children from viewing inappropriate material on the internet. (S2O-1272)

The Minister for Justice (Cathy Jamieson):

The latest phase of the Scottish Executive's think U know campaign was launched on 6 February. The campaign aims to warn children and parents of the potential dangers of the internet, and provides practical advice on making internet use safer.

Dr Jackson:

Following the minister's visit with me last week to see pupils and teachers at Cambusbarron Primary School who are involved in the stranger danger internet safety package, will she join me in congratulating the community police officers from Central Scotland police and Stirling Council's children's services department on implementing a much-needed approach, which I gather will now extend to 300 pupils and which should prevent people from being conned into disclosing personal information in chatrooms?

Cathy Jamieson:

I am happy to record my congratulations to the officers of Central Scotland police and the local education authority on the innovative work that they have done on that. The project was piloted in the Raploch area of Stirling and involved about 60 young people. It has now been transferred to different primary schools, as Sylvia Jackson said, and involves 300 young people. I very much enjoyed the visit, during which there was a lot to learn, and I hope that Sylvia Jackson will congratulate me on getting all the answers right in the internet safety quiz that the children set.


Waste Prevention Targets

To ask the Scottish Executive what plans it has to set targets for waste prevention for household and commercial waste. (S2O-1310)

The national waste plan sets out the Executive's aim to stop growth in the amount of municipal waste that is being produced by 2010.

Shiona Baird:

Audit Scotland's figures show an increase in municipal waste from 3 million tonnes to 3.2 million tonnes in the past year alone. Clearly, something more is needed to reduce our growing waste mountain. Will the minister commit to setting targets now for reducing the amount of waste that is produced and, in so doing, send a strong signal to all who are involved that the Executive is willing to tackle the problem head on?

Allan Wilson:

This is a clear case of the Green glass being half empty rather than half full. The report to which the member refers also mentioned a 30 per cent increase in recycling rates over the period. However, I accept fully that there is much more to do, and I am interested in the concept of zero waste. I am prepared to examine that in concert with the Greens to see how we could better develop policies to that effect. We have clear targets to 2010 for minimising the production of municipal waste.


Central Heating Programme<br />(Private Landlords)

To ask the Scottish Executive what restrictions are placed on private landlords whose tenants have had central heating installed as part of its central heating programme. (S2O-1282)

The Deputy Minister for Communities (Mrs Mary Mulligan):

In agreeing to having a central heating system installed in their property, private landlords must give an undertaking that they will accept ownership of and responsibility for the system and for any other measures that are installed at the same time, such as insulation and safety alarms.

Dr Murray:

I am sure that the minister will share my concerns about one of my constituents—a single pensioner in private rented accommodation—who was encouraged by her landlord to have free central heating installed under the Scottish Executive's programme but who then received a demand for considerably increased rent. When she questioned that, she was threatened with eviction and the sale of the property concerned. What safeguards exist to prevent private landlords from abusing the free central heating programme by inflating the rents that are paid by pensioner tenants or even evicting those tenants and selling the property or re-letting it to other tenants at an increased rent?

Mrs Mulligan:

It is an appalling situation in which Elaine Murray's constituent finds herself and I see why Elaine Murray has brought the matter to our attention. It is not a situation of which I have heard before. I am sure that Elaine Murray has already advised her constituent to take legal advice regarding her tenancy agreement, which is one way in which the matter could be pursued; however, it is my intention today to ask officials to investigate whether there have been other such instances so that we can consider what options are open to us to deal with such situations. I am anxious not to deter other landlords from applying for the programme, because it would be their vulnerable tenants who would be put at risk if we did not go ahead with the programme.


Palliative Care

To ask the Scottish Executive what action it is taking to respond to NHS Quality Improvement Scotland's report, "Specialist Palliative Care—National Overview", regarding services for patients with incurable illnesses. (S2O-1284)

Our policy is that palliative care should be available to everyone who needs it. A number of managed clinical networks are already in place, and we will work with all the agencies that are involved to implement key recommendations.

Mr Macintosh:

Does the minister acknowledge that, while recognising the excellence, commitment and compassion that were revealed to exist in specialist palliative care throughout Scotland, more needs to be done to improve the choice and range that are available to patients, including age-appropriate services for younger patients, the establishment of an evidence base on which to make future decisions and expansion of the local managed clinical networks to cover the whole country?

Malcolm Chisholm:

Ken Macintosh rightly gives a balanced view of the report. It indicated a high level of compliance with most of the standards and could not praise too much the quality of care that is provided by staff. I am sure that we would all like to echo his recognition of their work.

The purpose of the report is to home in on weaknesses so that we can have a culture of improvement. Staffing issues were highlighted in the report, along with other issues that Ken Macintosh mentioned. Action is being taken in those respects. We are encouraging the development of managed clinical networks and we are addressing the staffing issues in terms of some of the specialist positions. Further, the Health Department recently sent out a letter to ensure that national health service boards meet their commitment to pay 50 per cent of the recent costs as soon as possible. When I visited St Columba's hospice in Edinburgh last week, one of the staff said that that was a useful letter because it brought that situation closer.

A range of actions is being undertaken. The partnership between the health service and the voluntary sector, which was praised in the report, is one of the key elements in the health sector in Scotland.


Agricultural Land

To ask the Scottish Executive how much agricultural land has been let under the terms of limited duration tenancies and short limited duration tenancies created by the Agricultural Holdings (Scotland) Act 2003. (S2O-1321)

The Deputy Minister for Environment and Rural Development (Allan Wilson):

It is too early to measure the impact of the 2003 act. However, we are committed to monitoring the impact of the act and I can assure Alex Johnstone that we will collect information this year and annually thereafter about the number of limited duration tenancies and short limited duration tenancies that are in effect on a given date, and about the amount of agricultural land held under such tenancies. We are actively investigating the optimal way of collecting the new information, which will place minimal additional form-filling burdens on farmers. I know that Mr Johnstone will appreciate that.

Alex Johnstone:

Is the minister aware that the results of a recently published Lloyds TSB survey indicated that there is a large demand both for new land to be let and for land to become available for let? However, those who would like to become involved in that appear to have no confidence in the system that would enable them so to do.

Can the minister explain why there seems to be little demand to use the new system? What action will the minister take to make the new system more acceptable to those who wish to let land?

Allan Wilson:

I notice that Alex Johnstone has changed tack: I seem to remember that he was the chap who argued that introduction of the legislation would stifle demand for agricultural land to let, but he is now telling me that demand is increasing.

It is, of course, too early to determine the impact of the act. It has been in force for only two and a half months and, as Alex Johnstone knows, most agricultural lets are traditionally made at Whit and Martinmas, so we made great efforts to ensure that the act came into force when it did. We will continue to monitor the situation and to make adjustments that reflect the demands of the market in relation to future agricultural lets.


Leaving Care

To ask the Scottish Executive how it will increase the participation of 16 to 19-year-olds leaving care in education, employment and training. (S2O-1271)

An additional £10 million over three years has been allocated to local authorities for a new system of support for young people leaving care.

Scott Barrie:

The minister might be aware of the chief social work inspector's recently published third annual report, which indicates that 60 per cent of young people leaving care are not in education, employment or training, compared with 14 per cent of other 16 to 19-year-olds. That sort of depressing statistic has been referred to previously in the chamber. Does the Executive have any plans to address the situation, not only by working with organisations such as Who Cares? Scotland and the Scottish Throughcare and Aftercare Forum, but by urging public and private sector employers and further education establishments to become much more proactive in assisting care leavers?

Euan Robson:

Mr Barrie is right to draw attention to those figures and could have gone on to mention the poor educational attainment of looked-after children. There is no escaping the statistics' depressing nature. New arrangements for throughcare and aftercare of young people who leave the care system will take effect from 1 April this year. The arrangements include regulations, guidance and materials for local authorities on assessing the needs of that group of young people, including their needs for training, education and employment.

Careers Scotland has been closely involved in that work and has been a member of the Executive's working group to implement the proposals. Local authorities will work closely with Careers Scotland and other service providers to meet the needs of the young people who are identified in the assessment process, but Scott Barrie is right that other organisations need to be involved. The situation involves a waste of talent and must be turned round.


Scotland Act 1998 (Amendment)

To ask the Scottish Executive what discussions it has had with Her Majesty's Government with regard to amending the Scotland Act 1998. (S2O-1319)

The Minister for Parliamentary Business (Patricia Ferguson):

The Executive and Her Majesty's Government have a continuing dialogue about the operation of the devolution settlement, which is working well. We have agreed that the Scotland Act 1998 should be amended to ensure that the Parliament remains at its present size.

Dennis Canavan:

Will the Executive tell the United Kingdom Government that proportional representation is one of the essential pillars on which the Parliament was built and that the ludicrous voting system that the House of Commons Scottish Affairs Committee proposes for elections to this Parliament must be rejected, because it would destroy the Parliament's proportionality?

Will the Executive tell the UK Government that when the new Westminster constituencies take effect, the simplest and fairest way to achieve proportionality in elections to this Parliament will be to introduce the single transferable vote system in multimember constituencies that consist of two or three Westminster constituencies?

Patricia Ferguson:

The Executive is aware that the Scottish Affairs Committee recommended that the Electoral Commission should consider such issues, but Scottish ministers agree with the Secretary of State for Scotland that establishing an independent commission is the appropriate way to consider relevant issues. That commission will make its recommendations to the secretary of state and to the First Minister.