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Chamber and committees

Plenary, 13 Jan 2005

Meeting date: Thursday, January 13, 2005


Contents


Question Time


SCOTTISH EXECUTIVE


Environment and Rural Development


Wildlife Habitats (Protection)

To ask the Scottish Executive what progress is being made on protecting wildlife habitats. (S2O-4834)

The Deputy Minister for Environment and Rural Development (Lewis Macdonald):

Part 2 of the Nature Conservation (Scotland) Act 2004, which came into force on 29 November 2004, provides stronger protection for wildlife habitats. It is now a criminal offence for any person to damage a site of special scientific interest. The act places public bodies and regulators for the first time under a formal duty to further the conservation and enhancement of protected areas.

Dr Murray:

The minister will be aware that the south of Scotland is an important area for conservation of red squirrels and that the red squirrels in south Scotland project is doing vital work in guiding and promoting habitat management. Concerns have been expressed to me—and to other MSPs, including my colleague John Home Robertson—about continuation of funding for such projects. Will the minister assure me that the Executive will continue to support the red squirrels in south Scotland project?

Lewis Macdonald:

We are aware of the importance of red squirrels in the south-west of Scotland. Of course, they are offered protection under the terms of the Nature Conservation (Scotland) Act 2004, to which I referred. Scottish Natural Heritage and the Forestry Commission Scotland have been talking to the red squirrels in south of Scotland project about future funding. I encourage the group to discuss further the potential for future funding with SNH and the Forestry Commission, which will provide further assistance on the matter.

Mr Stewart Maxwell (West of Scotland) (SNP):

I am sure that the minister agrees that some of the most fragile wildlife habitats that we have are on sites of special scientific interest. The minister mentioned in his initial answer the criminal charges that can be brought for destruction of SSSIs. I am sure that he is aware of the recent disgraceful incident on Arran in which a 5m trench was gouged through an SSSI by contractors who were working for Scottish Water, which wrecked a considerable area of salt marsh. Will the minister investigate that matter without delay, to establish who was responsible for authorising the destruction of that SSSI? What action will the minister take to ensure that the destruction of SSSIs, as happened in Arran, is prevented in the future?

Lewis Macdonald:

I do not want public bodies to breach the law and I am concerned about the matter that Mr Maxwell raises. However, the purpose of giving SSSIs legal protection was to allow prosecution to be carried out as it is under the law in general. Therefore, the matter is firstly the responsibility of the police; it is then for the procurator fiscal to decide on prosecution.


Single Farm Payments (Cross-border Holdings)

To ask the Scottish Executive how single farm payments will affect farms with holdings on both sides of the Scotland and England border. (S2O-4821)

The Minister for Environment and Rural Development (Ross Finnie):

The arrangements for cross-border farms will be similar to those that apply at present. Farmers with land in both Scotland and England should continue to apply to the administration to which they submit their integrated administration and control system—IACS—form. They will be required to submit only one application, although they will have to respect the different cross-compliance conditions that are set for Scotland and for England. The administrations concerned will apply the rates and rules to land in their respective territories, but they will exchange information so that the farmer will receive one payment from the administration to which they submit their application.

Jeremy Purvis:

I thank the minister for the commitment to keep bureaucracy to a minimum. Does he accept that for farms that straddle the border it is important that any appeals mechanism take into account individual cases rather than a set rule? Given that the time for the IACS forms to be submitted is approaching, will the minister ensure that all decisions about the single farm payments will be made speedily so that farmers can make proper decisions in advance of completing the forms?

Ross Finnie:

Yes, but I am not aware of any problems, even though we have held wide and extensive consultation of farmers on the proposed payments. We believe that we are up to speed in our ability to process the forms. I share the member's view about minimising administration. Different rules will apply to composition of the respective payments and some rules will have slightly different applications, but we are liaising with the Department for Environment, Food and Rural Affairs to ensure that there is, for example, no duplication of inspections on cross-border farms. I hope that that will help further to reduce the amount of bureaucracy that is involved.


Roads (Air Quality)

To ask the Scottish Executive how it is addressing the concerns of communities situated along major roads regarding air quality. (S2O-4851)

The Minister for Environment and Rural Development (Ross Finnie):

The "Air Quality Strategy for England, Scotland, Wales and Northern Ireland" sets out a comprehensive framework of policy measures that aim to improve air quality. The Executive is working closely with local authorities, the Scottish Environment Protection Agency and others to ensure that those policies are implemented.

Scott Barrie:

The minister will be aware of the concerns of many communities, including Kincardine in my constituency, regarding volumes of traffic or stationary vehicles emitting exhaust fumes that cause major air pollution. Can the minister assure me that, in discussion with his colleague, the Minister for Transport, those concerns will be borne in mind when road bypasses and other major public transport initiatives are being considered?

Ross Finnie:

The simple answer to that question is yes. We are concerned about the issue that Mr Barrie raises and we and local authorities work together in harness in that regard. If there are problems with air quality in towns and cities, air quality management schemes have to be brought in if a local authority believes that its actions are not meeting the aims and objectives of the air quality strategy.

Phil Gallie (South of Scotland) (Con):

Does the minister agree that one of the greatest improvements in air quality at roadsides came about as a result of the opening of the M77-M8 road link in Glasgow? Now that the Executive has provided us with the new Ardrossan-Saltcoats-Stevenston bypass, does the minister envisage that there will be similar improvements there?

Ross Finnie:

I hope so. Of course, as with every such project, it is important that we ensure that the requirements of the air quality strategy are met. That is why we have worked closely with the Scottish Environment Protection Agency, local authorities and others to ensure that the policies apply equally to roads and the situations to which Phil Gallie refers.


Cairngorms National Park

To ask the Scottish Executive what criteria it will take into account in any decision to review the boundaries of Cairngorms national park. (S2O-4855)

There are no current plans for any such review.

Murdo Fraser:

Does the minister accept that, under any criterion, highland Perthshire should form part of the Cairngorms national park and that the wrong decision was taken when the current boundaries were drawn to exclude that area? Will the minister undertake to reverse that injustice at the quinquennial review of boundaries, if not before then?

Lewis Macdonald:

I do not accept that the wrong decision was taken, but I accept that there are always strong local views on such matters. As the First Minister has said, in the course of the life of any public body, there are quinquennial reviews that examine issues that arise. However, I do not want to encourage Murdo Fraser to spend the next three and a half years lobbying on that matter for the good reason that the Cairngorms national park, as it currently stands, has a job to do in the area that it covers. It is important that the national park authority is able to get on with that job and to proceed with the plans that it has for the national park.


Water and Sewerage Services (Rural Scotland)

To ask the Scottish Executive whether lack of water and sewerage services in rural Scotland is impeding economic growth and, if so, what action it is taking to address any such provision of these services. (S2O-4853)

The Deputy Minister for Environment and Rural Development (Lewis Macdonald):

Wherever there are infrastructure constraints, we expect Scottish Water to work with local councils and other agencies to identify practical solutions in order to allow development to proceed wherever possible. We consulted recently on what Scottish Water's future investment priorities should be, and we will announce soon the objectives that we wish Scottish Water to address in the next regulatory period.

Fergus Ewing:

That answer fell slightly below the normally high standards of adroitness with which the minister evades questions he is asked.

I put it to the minister that three measures could be introduced. First, septic tanks could be allowed instead of the hugely stringent requirements that exist at present. Secondly, the environmental assessment rules that apply in areas that are subject to designations could be revised in order to ascertain whether they are unduly burdensome and cause delay and unnecessary expense. Thirdly, the minister could bring forward the programme and timescale for the existing work from the quality and standards III programme so that areas such as Badenoch and Strathspey in my constituency, and others throughout Scotland, can get the necessary services that are a sine qua non of development and economic growth in our country. Will the minister introduce those measures?

Lewis Macdonald:

I would certainly not want to give Mr Ewing the impression that I wanted in any way to avoid the questions that he asks—in fact, I am keen to address the issues. The matter concerns me. In the past few minutes I responded to a question from one of Mr Ewing's colleagues about the need to enforce high environmental standards. We do not want to start undermining those standards; rather, we want to ensure that the water and waste water industry is able to support economic development, which is why we are encouraging Scottish Water to work with local partners and why a £7 million investment was announced recently in the new waste water treatment works at Aviemore. That is a good example of the kind of investment that we are encouraging Scottish Water to make.

Over eight years.

Fergus Ewing says £8 million. I am prepared to raise the figure if he so wishes. I look to Scottish Water to make the most of the investment opportunities that it has and to build on them during the forthcoming investment period.

Mary Scanlon (Highlands and Islands) (Con):

Does not it make sense to ensure that Scottish Water is fully included at all stages in local authorities' local plans for housing and other developments, so that Scottish Water's long-term investment plans concur with those of local authorities? That would get rid of the blame culture that we have at present.

Lewis Macdonald:

I certainly agree with the principle that underlies Mary Scanlon's question. I am keen that Scottish Water collaborate with local authorities on the community planning process so that there is communication and co-operation in the years ahead.

Jeremy Purvis (Tweeddale, Ettrick and Lauderdale) (LD):

Does the minister agree that where there are specific development plans within local plans—for example, by housing associations with land banking policies, such as Eildon Housing Association in the Borders, which has an innovative land banking policy for the next three years—programmes should not be impeded and there should be close co-operation with Scottish Water?

Lewis Macdonald:

Again, I agree with the general principle that there are always opportunities for Scottish Water and local partners to find ways to address development constraints. We are cognisant of those constraints, as is Scottish Water. It sometimes takes a bit of innovation and imagination to find ways to address them, but I believe that that can be done successfully in many cases.


Agriculture and Fisheries Council

To ask the Scottish Executive whether it is satisfied with the outcome of the agriculture and fisheries council in December 2004. (S2O-4822)

Yes.

George Lyon:

I thank the minister for that very full answer. Under the European Union's original proposals, fishermen in the Clyde would lose the derogation that exempts them from the days-at-sea restrictions that are contained in annex V to EU regulation 2287/2003. Will the minister confirm that that derogation still exists under the agreement that he secured at the fisheries council in December?

Ross Finnie:

Yes. Some reductions were necessary in the number of days at sea for the west of Scotland to take account of the severely depleted cod stocks and the scientific advice that obtained last December. However, although the basic days at sea for the nephrops vessels to which the member refers were also cut by one day, the majority of those in Scottish registration retain—and will continue to retain—the derogation, which will give them unlimited days fishing, subject of course to their having quota.

Stewart Stevenson (Banff and Buchan) (SNP):

In the minister's initial answer, he simply said, "Yes." Did he have a wash-up meeting with his officials and others to come to the conclusion that they were satisfied with the outcome of the fisheries council? Given that such a meeting would have taken place after 26 December, did he assess the conclusions of the fisheries council in the light of the possibilities for supporting the south-east Asian fisheries communities that have been so adversely affected by the tsunami, or will he approach the European Union to modify the conclusions of the fisheries council so that we can most effectively assist people in those communities, who are in dire need?

Ross Finnie:

To take the first part of that question and deal specifically with the tsunami, I have been in touch with my officials and have had several discussions with members of the Scottish Fishermen's Federation, who are in touch with their international counterparts, as Stewart Stevenson and Richard Lochhead will be aware. There is great willingness on the part of everyone in Scotland's fishing communities to be as helpful as they can be.

As the First Minister highlighted in his statement, we need to ensure that whatever we seek to make available is appropriate to the relevant area and to those who have been most affected. My officials in the Scottish Executive have spoken with officials in the European Commission: we are all anxious to ensure that we can provide help, but we must first establish what would be appropriate so that we do not impose unhelpful solutions on people. In my discussions with my officials and in the discussions that we will have with the Scottish Fishermen's Federation, with the Department for International Development and with the European Commission, we will aim to bring about a solution that is proper and appropriate for those who have been most affected.

Mr Ted Brocklebank (Mid Scotland and Fife) (Con):

Despite all the ministerial back-slapping, the December 2004 summit produced little more than the previous year's summit, which was hailed as a disaster. Will the minister confirm that his much-vaunted 47 per cent increase in monkfish quota will amount to a meagre 460 tonnes extra a year for the Scottish west coast fleet, or approximately 20 tonnes a boat? Is not it a fact that the French fleet, which could not even catch its monkfish quota last year, will receive for the same area an extra 650 tonnes, which is 200 tonnes more than the Scottish fleet?

Ross Finnie:

Ted Brocklebank can always be relied on to turn any good news story into a mini disaster—his previous television training has obviously stood him in very good stead. In fact, the monkfish quota for areas V and VI—which was previously 10,000 tonnes—has been provisionally and unconditionally increased to 15,000 tonnes. By my arithmetic, that is an increase of some 50 per cent. However, I appreciate that arithmetic might not be a strong point for those who are not keen on good news. In addition, we have the absolute undertaking that, once we agree with the Commission steps to ensure that there is no increase in effort—which we hope to do before the end of March—a further increase in the monkfish quota will be granted.

Of course restrictions remain, but Mr Brocklebank continues to ignore all scientific evidence that indicates that any stock might be in jeopardy. That is not the Executive's approach. On that basis, I remain satisfied that we achieved a satisfactory outcome for Scottish fishermen from the December talks.

Mr Mark Ruskell (Mid Scotland and Fife) (Green):

Despite unreservedly rejecting last year's proposals for closed areas, the minister stated in the fisheries debate in Parliament on 9 December that he had not closed his mind to the policy of closed areas in the North sea. In the year ahead, what moves will he and his officials make, in conjunction with the regional advisory council, to assess the viability of a closed area for the North sea?

Ross Finnie:

Let me make it clear that I rejected the specific proposal, but I did not reject the generality and have never done so. We rejected the Commission's proposition in December because the scientific evidence that was available to the Commission and the Scottish Executive did not support the proposition. Indeed, there was strong evidence to suggest that the proposal might have had a counterproductive effect by diverting fishing effort to younger stock.

In going forward, we are anxious to discuss with the Commission much earlier how we can develop future management of the northern North sea and the southern North sea. In those discussions, we hope to discuss whether the scientific evidence points to the use of closed areas—for example, in spawning areas—as an appropriate measure among a variety of measures. In addition, we will want to examine the scientific evidence on the success of other closed areas, such as those that currently operate on the west coast. My position remains that I am looking for progressive and constructive ways to manage stocks in the North sea.


Noise Nuisance

To ask the Scottish Executive what action it is taking to address noise nuisance. (S2O-4824)

New noise nuisance provisions are included in the Antisocial Behaviour etc (Scotland) Act 2004. Subject to parliamentary approval of the necessary regulations, we expect those provisions to come into force in the course of the next few weeks.

Nora Radcliffe:

I thank the minister for that action. He will agree that noise nuisance, together with odour nuisance, has not always been given due consideration. Recently, we beefed up statutory support for the regulations that deal with odour nuisance, so perhaps it is time for us to do more to tackle noise nuisance. Will the minister discuss with local authorities whether they are sufficiently resourced in terms of the equipment that is needed to monitor noise nuisance and specialist training for environmental health officers, so that they can deal seriously with noise pollution?

Lewis Macdonald:

I am always happy to progress issues with local authorities, which will have responsibility for, and discretion in, implementing the noise nuisance provisions of the Antisocial Behaviour etc (Scotland) Act 2004. Funding has been provided for the measures that local authorities are setting in train at the moment and we will consider other funding requirements in the future. The powers that authorities have will allow them to take effective action in this area in a way that will address Nora Radcliffe's concerns.


Health and Community Care


National Health Service Dentists (North-east)

Question 1 is from Nora Radcliffe.

That is the luck of the draw.

To ask the Scottish Executive what action it is taking to increase the availability of NHS dentists in the north-east. (S2O-4865)

The Minister for Health and Community Care (Mr Andy Kerr):

We are committed to increasing the availability of NHS dentistry in Scotland as a whole, including the north-east. A range of initiatives are being pursued, including increasing the number of dental students and other members of dental teams, progressing the establishment of a dental outreach training centre in Aberdeen, introducing recruitment and retention allowances for dentists to work in designated areas, including Grampian, and making available grants for dentists who wish to set up or expand NHS practices under the Scottish dental access initiative. NHS boards are aware that if there is a gap in provision that cannot be filled by other means, they can apply to Scottish ministers for approval for salaried dentist posts. We will shortly announce our response to the recent consultation on modernising NHS dental services, which will include further measures to support NHS dentistry.

Nora Radcliffe:

I give credit both to Grampian NHS Board and to the Scottish Executive for what has been done to date, which we all hope will be effective in the medium-to-long term. However, my constituents are in the totally unacceptable situation of not being able to access NHS dental services now. Will the minister undertake to discuss with Grampian NHS Board why various initiatives that have sought to recruit NHS dentists both as salaried dentists and for normal dental practice have not succeeded? If it transpires that the problem is the bureaucratic or legalistic trappings of the incentives, will the minister consider how they could be simplified and made more attractive?

Mr Kerr:

I am always more than happy to do anything to rid the NHS of bureaucracy—that is the Executive's track record.

A review team that includes dentists and dentists' representatives is monitoring the measures that the Executive has implemented to ensure that they work. I advise the member that all vocational training places in rural areas have been filled. Some of the measures are new, but they are working. Dental practice improvements, the dental practice allowance, golden hellos, rewards for dentists who commit themselves to substantial NHS service and many other measures that we have introduced and will introduce will seek to solve the problem.

We recognise that we have a problem and that there is a shortage of dentists, but we are making investments that will correct that. I am more than happy to discuss those matters with Grampian NHS Board and with the member.

Shona Robison (Dundee East) (SNP):

In the past two years, 40,000 patients have been thrown off NHS dentists' lists. Is the minister aware that the north-east has one of the highest levels of deregistration? That information was revealed in answer to a question from my colleague Roseanna Cunningham. Given the urgency of the situation that I and many other members have highlighted, why—14 months after the launch of the consultation process on modernising NHS dental services—are we still awaiting a response from the Scottish Executive? Last summer, we were promised that the Executive's response would be published shortly; the minister has just repeated that. Instead of saying that the response will be issued shortly, can he give a date for its publication?

Mr Kerr:

The response will be published shortly. The member suggested that nothing has happened in the interim. I will address precisely the points that she makes. We have introduced golden hellos and we are rewarding dentists for their commitment to the NHS. The remote areas allowance ensures that £6,000—the amount has been doubled—is given to the dentist and there is an allowance for new dental graduates. We invest continually in our NHS dental services. Other substantial allowances are paid. A £20,000 allowance is paid to those who enter substantive NHS practice. Those measures are specifically designed to deal with some of the problems.

On the supply side, we are trying to increase the number of professionals who are involved in dental services, which is why we expect 130 dentists to qualify by 2006 and why we are increasing the provision of professionals complementary to dentists, including dental therapists; we have increased that target from 20 to 45. Other measures will be taken, but members can rest assured that we are taking action now. We are reviewing the success of that action and I argue that we have had some success in relation to the key indicators. More needs to be done and more will be done. Proposals will be brought to Parliament shortly.

Richard Baker (North East Scotland) (Lab):

What discussions has the Executive had with Grampian NHS Board and the British Dental Association on additional measures that might be introduced to encourage dental students who will, in the future, graduate from an outreach centre in Aberdeen, to stay in the area and enter NHS dentistry? Is there continuing dialogue with NHS Grampian to ensure that its dental health programme successfully complements the Executive's action to increase access to NHS dentistry?

Mr Kerr:

I go back to the substantive point. We have been taking action and we will continue to take action. That action costs a substantial amount of money, which we are happy to spend to ensure availability of NHS dentistry in all Scotland, including Grampian.

We are liaising with NHS Grampian over its dental healthfit programme to ensure that the outreach centre works and that the work that is carried out has an impact in the community. I understand fully the pressures that exist there. A series of measures are being put in place, but the problem is not easy to solve. People can train as dentists and move out of Scotland to further their careers. We want to implement measures, which we are introducing in concert with the BDA, to ensure that we provide substantial financial incentives to keep dentists in Scotland and provide services for patients in Scotland who require them.

Mr David Davidson (North East Scotland) (Con):

Perhaps the minister might answer another question. Many dentists operate from premises that are not at ground level. What support will he give to those dentists to ensure that they comply with the new disability access legislation? If relocation is necessary, what support will they get? If they do not get such support, many of those dentists will move out of the north-east.

Mr Kerr:

I sympathise with that point. A scheme already exists that allows some support to be given to those who require to make capital improvements to their premises. However, such support is currently limited in comparison to the proposals that we are due to announce. We seek to encourage provision of additional services, but it is critical to ensure that we protect what we have. I argue that the Executive's proposals will address some of those concerns.


NHS Staff (Violence)

To ask the Scottish Executive whether more action can be taken to protect NHS staff from verbal and physical violence from patients. (S2O-4904)

The Minister for Health and Community Care (Mr Andy Kerr):

Violence and aggression towards NHS Scotland staff is unacceptable, and reducing the risk to staff is a key issue for all concerned in our NHS. That is exemplified in the "Staff Governance Standard for NHSScotland Employees", which requires NHS Scotland employers to provide staff with an improved and safe working environment. To help employers meet that aim, I recently provided £400,000 to NHS boards and special health boards to identify special local needs with their local partnership forum, to tackle violence and abuse and to continue to strive to reduce the risk of violence and abuse to staff from patients.

The Scottish Executive has also acted to provide increased protection in law to staff who provide emergency services. For the health service, that means greater protection for hospital and ambulance staff and for people working in the community who attend emergencies.

Murdo Fraser:

I thank the minister for his very full response. Those measures are welcome.

The minister may be aware that over the new year staff in the accident and emergency department at Ninewells hospital in Dundee, which is used by many of my constituents in Mid Scotland and Fife, complained of verbal abuse and spitting by patients who were acting unreasonably. I am sure that the minister will join me in unreservedly condemning such behaviour. Will he encourage Tayside NHS Board to work with Tayside police and with the staff to ensure that such unacceptable behaviour is stamped out completely?

Mr Kerr:

Obviously, I totally condemn those actions and the actions of others who seek to abuse staff who work in public services, including the NHS. One of the most disappointing aspects of my job is hearing from front-line staff about such situations. I argue that we are trying to assist in the process of dealing with the issue.

In another area that Murdo Fraser covers—Fife—there are good examples of what the health authorities have been doing. They have moved their campaign on a bit further, not only in training staff in violence-reduction measures and negotiation skills, but in working with the police and the procurator fiscal's office. I encourage some of that best practice to be followed throughout the rest of Scotland. It is a high-priority issue for us. It is at the core of our governance procedures for the health service and it will continue to receive that focus.

Some of the investment that we have made has already made a difference through training and skills in reducing risk and in risk analysis, and through additional security. However, at the heart of the matter lies a shameful problem for the people of Scotland, which is that some members of our community think that it is within their rights to abuse staff verbally or physically. That is not acceptable, and we are trying our best to deal with it.


Dental Caries

To ask the Scottish Executive what the health effects are of untreated dental caries. (S2O-4883)

The Minister for Health and Community Care (Mr Andy Kerr):

Left untreated, dental caries will normally lead to progressive deterioration in tooth structure, with potential abscess formation and eventual tooth loss. Parents can make the most significant contribution to improving the oral health of their children by influencing what they eat and drink and by supporting their children in cleaning their teeth with a fluoride toothpaste.

Stewart Stevenson:

I wonder whether the minister might talk to his colleague the Minister for Justice. An examination of 10 recent reports by Her Majesty's chief inspector of prisons shows that the waiting times in prison for dental services range from one week at Greenock to four weeks—the highest figure—at Inverness, with an average of under three weeks. Is it not disgraceful that prisoners have a premium service in access to dental services? Will he set a target for dental services, for the first time in years, when he publishes the results of his consultation and will that target exceed the quality of service delivered to our prisoners?

Mr Kerr:

I am always more than happy to discuss the health services that we provide in our prisons with the appropriate minister, but I think that at the heart of Stewart Stevenson's question lies something of a contradiction. If we did not provide those services in prison, he would probably be the first person among many to criticise us for that. In my answer to Nora Radcliffe, I dealt extensively with some of the measures on which millions of pounds are being spent to try to improve our dental services in Scotland, as well as the further measures to address the issue that will come before the chamber.

As I have said frequently, Government can do one thing, but we all have a responsibility, as parents and within the community, to ensure that we look after our own diet and oral hygiene. I find it astonishing, for instance, that 8,000 kids starting school have severe decay. To put it bluntly, that is about more than the health service; it is about parents, their attitudes and the influence that they have over their children. On our part, we have a strategy for oral health, which will be announced fairly soon. We also have a partnership commitment to introduce free dental checks.


HIV/AIDS

To ask the Scottish Executive what action is being taken to reduce the spread of HIV/AIDS. (S2O-4859)

The Minister for Health and Community Care (Mr Andy Kerr):

Action at national and local levels to prevent HIV and AIDS takes place within the comprehensive framework provided by the HIV health promotion strategy, which was published in 2001 and is supported by resources of more than £8.5 million each year. Despite the considerable progress in responding to the challenge of HIV in Scotland over the past 20 years, the situation on the wider international scene, combined with recent increases in the number of new cases in Scotland, emphasises the need for prevention activity to continue with the utmost vigour.

Marlyn Glen:

I thank the minister for that answer and invite him to expand on what is being done to prevent the spread of other sexually transmitted diseases and to raise awareness of the potential damage to people's long-term health. Will he guarantee dedicated funding for that most serious of issues?

Mr Kerr:

I absolutely agree with Marlyn Glen's principal point that the prevention of HIV and AIDS is simply one part of the essential strategy on which the Executive has embarked to improve health and to deal with health inequalities. The work that we are doing on the sexual health strategy, which will of course address many of the issues that Marlyn Glen has mentioned, is evidence of the Executive's foresight in trying to deal with the problem.

I should also mention the chlamydia and genital herpes testing kits that we have issued, the work of Caledonia Youth and the community pilot projects that we are experimenting with, all of which are designed to ensure that we improve our nation's health and specifically address issues around sexual health and sexually transmitted infections. At the heart of our approach is a strategy that is based on treatment of the disease and, more important, prevention.

It is vital that we continue to earmark or ring fence the resources that are allocated in the health service to protect capacity and to ensure that HIV/AIDS is dealt with appropriately. After all, that was the wish of the cross-party group on sexual health. I am more than happy to reassure members that we will continue to ring fence that funding to ensure that those services are provided in the community.

Patrick Harvie (Glasgow) (Green):

Does the minister acknowledge that the growing number of people of African origin who live in Scotland have a distinct set of needs with regard to those issues and that we have to take into account not only matters of translation but a whole range of other cultural factors? Given that the 2001 strategy that he mentioned might not have needed to recognise that aspect in the way that it needs to be recognised today, will he tell us what more needs to be done for that community?

Mr Kerr:

I agree with the member's point. Sadly, a substantial part of the slight increase that has recently been recorded in the diagnosis of HIV/AIDS cases relates to people who originated in sub-Saharan Africa and to the AIDS epidemic in that region. We must ensure that our practices, policies and procedures reflect the situation. I have raised the matter, but have not yet received a response. I am more than happy to correspond with the member when I can provide the detail that he requires.


Children's Health (Playing Fields)

To ask the Scottish Executive whether children's health is being affected by the loss of school playing fields. (S2O-4868)

The Minister for Health and Community Care (Mr Andy Kerr):

There is no evidence that children's health is being affected by the loss of school playing fields. Indeed, the majority of children do not achieve their daily physical activity on the playing field. The Scottish health survey reports that 81 per cent of boys and 90 per cent of girls choose to participate in active play for seven to nine hours a week while 69 per cent of boys and 60 per cent of girls participate in traditional sport and exercises for only four and two hours a week respectively. The minimum amount of physical activity required for health in children is one hour a day of moderate activity on five or more days a week. If we are to give young people an active life, we need to deliver a range of options that they will enjoy, such as dance, martial arts, yoga, outdoor activities, walking and cycling. Such activities do not necessarily require the use of playing fields.

Mark Ballard:

The minister is quite right to point out that children require a range of activities. However, in recent years, there has been a sustained loss of playing fields across my region. I point out that no planning permission to build on those fields is automatically required from Scottish ministers. Surely he must acknowledge that school playing fields are vital in providing one option for active play.

Mr Kerr:

I argue that the Scottish system is better than the system in the rest of the United Kingdom. Although the prior consent of the secretary of state is required south of the border, we still have a strict set of guidelines, as set out in national planning policy guideline 11. Moreover, sportscotland must be consulted on any planning applications that affect the use of land as playing fields and planning authorities that wish to grant planning permission contrary to sportscotland's advice must notify ministers. As a result, substantial controls exist in Scotland.

As my initial response made clear, people's ideas about playing field provision are counterintuitive. We need to support the activities that young people want to do. As a result, the Executive is investing in the active schools programme, in physical education teachers and in forms of exercise, such as dance, that young people want to do. Health promotion in schools is also a crucial aspect.

I do not accept the member's proposition. As I have said, the controls that we have in Scotland are better than those in the rest of the UK. The evidence suggests—[Interruption.] I will give members pie charts if they do not believe me. The evidence suggests that, with the resources that we have made available, young people are not exercising exclusively in playing fields. In fact, they are involved in the many different forms of exercise and activity that suit them.


NHS Argyll and Clyde

To ask the Scottish Executive when it will take a decision on the Argyll and Clyde NHS Board financial recovery plan. (S2O-4906)

The Minister for Health and Community Care (Mr Andy Kerr):

I was expecting to get to question 10, based on the previous performance.

Before I discuss the board's financial recovery plan, I stress that business is continuing as normal in NHS Argyll and Clyde. I made a commitment that patients would not suffer as a result of the board's financial position and I am pleased to report that a full range of services continues to be provided to the residents of the board area. NHS Argyll and Clyde is making good progress on matters such as meeting waiting time targets and the provision of local renal dialysis. I recognise that NHS Argyll and Clyde is in a difficult financial position, but the issue is complex and I want to give further consideration to the board's position, including its financial recovery plan. I also want to take into account the recommendations of the Parliament's Audit Committee, which is currently carrying out an inquiry into the board.

George Lyon:

I thank the minister for his detailed reply. In view of the evidence that the Audit Committee has taken, which shows a history of financial problems at Argyll and Clyde NHS Board, does the minister think that we should consider the longer term, with a view to taking radical action in relation to whether the board as it is currently constituted has a future and can recover financially from the position that it has been in over not just the past year or two, but a number of years?

Mr Kerr:

The member makes a fair point. In previous answers at question time, I have not ruled out more radical solutions for NHS Argyll and Clyde. However, these are big decisions that require close analysis. I will of course want to take cognisance of the Audit Committee's report.

I believe that there has been a corporate failure in the health service in Scotland, not just at NHS Argyll and Clyde but within the Scottish Executive Health Department in relation to the work that we have sought to do on NHS Argyll and Clyde. However, that does not deal with the difficult financial problem in the board and I need to consider closely what changes we can make to make the board sustainable in service delivery and financial terms. The decision has not been made and I do not intend to rush it, as it will be crucial. I will take a decision at the right time, based on the right information.


GENERAL QUESTIONS


Elections (Turnout)

To ask the Scottish Executive what action it is taking to address issues that cause low turnout in elections. (S2O-4843)

The Minister for Finance and Public Service Reform (Mr Tom McCabe):

A variety of issues cause low turnout, which can be tackled in a variety of ways. For example, we are committed to reforming voting arrangements to increase participation and we are looking at innovations that might have significant potential to increase voter participation. All those who are concerned with elections and the electoral process need to take action to address what is a serious challenge. The Executive will work with the Electoral Commission, local authorities and other interested parties to engage Scottish voters.

Mike Pringle:

Does the minister agree that a high turnout is a sign of a healthy democracy and that choice is key to such a turnout? Does he agree with the Electoral Commission that a range of voting methods must be available, including polling stations and postal votes, and that there should be no more solely postal elections?

Mr McCabe:

We all need to do our best to engender a healthy democracy with maximum participation. If we are serious about that, choice is vital. In relation to the Scottish Parliament, people throughout Scotland were determined to ensure that as many people as possible could take part in our democratic process. At this juncture, it would be a retrograde step to start ruling out particular avenues that might improve turnout in future.

Des McNulty (Clydebank and Milngavie) (Lab):

It will perhaps not have escaped the minister's notice that the more proportional the electoral system, the worse the turnout. Indeed, the European Parliament elections in Scotland, which operate with a Scotland-wide list, give people less control and attract the worst turnout of any elections in Scotland. In that context, will the minister take account of the view of many members of the Scottish Parliament that the constituency link and the attachment between the representative and the electorate are very important?

Mr McCabe:

I am happy to confirm that the view that the constituency link is important is shared by many people in Scotland. We must all acknowledge that in recent years systems have changed on a number of occasions. Much has been asked of voters—they have had to try to understand new ways of casting their votes. The Electoral Commission concluded, after analysing the information, that it was disappointed with the impact of the voter awareness campaign, which it believed was not as effective as it could have been; the information that the commission received indicated that, when they reached the ballot box, people were confused about the voting systems in which they were being asked to participate. That brings me back to my original answer. As we struggle with such issues, it would be a retrograde step to rule out specific alternatives at this point.


Teaching (Qualifications)

To ask the Scottish Executive whether qualifications gained at English universities will be accepted as suitable qualifications to teach in Scottish schools. (S2O-4831)

The Minister for Education and Young People (Peter Peacock):

Existing teachers in England who wish to teach in Scotland must satisfy the General Teaching Council for Scotland registration requirements. Cases are dealt with on an individual basis, with the vast majority of teachers from England gaining immediate full or conditional registration.

Dr Murray:

I thank the minister for his helpful response. He will be aware that many of my constituents find it much more convenient to study over the border in Carlisle than in Scotland and that Open University students can take a postgraduate certificate of education course using distance learning. However, the Open University's website seems to suggest that the qualification that is gained in that way is accepted in England and Northern Ireland, but not in Scotland. Is he sympathetic to the idea of making it easier for teachers who have an English teaching qualification to convert to teaching in Scotland, which would increase the number of teachers who would be available to teach in areas of teacher shortage, such as Dumfries and Galloway?

Peter Peacock:

I recognise the geographical circumstances that Elaine Murray alludes to, with Carlisle being in close proximity to large parts of her constituency. I am pleased to say that, in general, the Open University PGCE qualification in England and Wales is acceptable to the GTC for Scotland. Each case is taken on its merits. For example, it is easier for primary school teachers to gain registration under that process than it is for secondary school teachers because, in England, some secondary school teachers do not have to be specialists in the subject that they teach. In general, that qualification is acceptable to the GTC and I encourage anyone who holds one to make an application, which will be considered on its merits.

We are always looking for more flexible ways in which to bring new teachers into the profession. We face major challenges in striving to increase the number of teachers in Scotland. The commitment to increase the number of teachers to 53,000, which will reduce class sizes, is significant. We are always interested in innovative ways of increasing the number of teachers. I await the final report of the teacher education review, one of the dimensions of which will be consideration of access to teacher training.

Fiona Hyslop (Lothians) (SNP):

Does the minister acknowledge the need for a step change in the number of teachers who are recruited and trained? Is he aware that Aberdeen City Council education authority is writing to parents of pupils at Northfield Academy and Kincorth Academy to tell them that their children might have to be withdrawn from those schools because of a lack of teachers over a sustained period?

The minister mentioned flexibility. Will he guarantee that, in his struggle to ensure that there is a sufficient number of teachers in Aberdeen and throughout Scotland to teach our pupils and to teach them well, he will not reduce the standards that prospective teachers must meet?

Peter Peacock:

The member has raised several points. On the latter point, there is no intention to reduce standards in Scotland. We have set very high standards for our teachers and we want to maintain those standards in the future. That should not in any way compromise our work to reach the targets that we have set ourselves. Sophisticated workforce planning exercises are now in place; that was not the case a few years ago. We can predict the subjects in which we will be short of teachers and we can increase the supply of teachers in those areas through our teacher training institutions. That is what we do.

I can confirm to the Parliament that we are on course to meet our ambitious targets on increasing teacher numbers and reducing class sizes. I know that that will be a considerable disappointment to the Scottish National Party. This year, 80 per cent more teachers are coming through on our maths courses and 50 per more are coming through on our English courses. That will help us to reduce class sizes in those crucial subjects in secondary 1 and secondary 2.


Kerb-crawling

To ask the Scottish Executive what progress is being made on the partnership agreement commitment to make kerb-crawling a criminal offence. (S2O-4811)

The Deputy Minister for Justice (Hugh Henry):

We are determined that the nuisance and offence that are caused by kerb-crawling should be criminalised. The expert group on prostitution considered possible ways of dealing with kerb-crawling as part of its report on street prostitution. I recently published that report for consultation and we will consider how to proceed in the light of the responses that we receive.

Mr McAveety:

I welcome that response and the report of the expert group. A firm commitment was made in the partnership agreement to deal with kerb-crawling. Whatever consideration is given to the issue, I hope that the minister can assure me that that principle will be maintained in our response to the expert group's recommendations on street prostitution and that the legislative framework will be robust and effective in tackling such antisocial behaviour at source, particularly in dealing with kerb-crawlers.

Hugh Henry:

We are determined to see through the commitment that we made in the partnership agreement. I welcome the expert group's acknowledgement that action needs to be taken against men who cause a nuisance by attempting to purchase sex in areas such as those in Frank McAveety's constituency. The expert group echoed many of the comments made by Frank McAveety and others and its report reflected the general point in the partnership agreement. The report is a welcome contribution to a complex debate.

I look forward to the responses to the consultation. Once they are in, we will give them proper consideration and, I hope, come forward with a package of measures that will start to make a difference in local communities that suffer from the problem of kerb-crawling. Those measures should also contribute to resolving some of the wider, more complicated and fundamental issues involved in prostitution.


Public Transport (Travel to Work)

To ask the Scottish Executive what action it is taking to encourage people to travel to work by public transport. (S2O-4840)

The Minister for Transport (Nicol Stephen):

The Scottish Executive is significantly increasing its investment in transport and more than two thirds of the transport budget is now being spent on public transport. One of the key priorities of the new transport agency—which I announced today will be located in Glasgow with around 200 staff—will be to deliver major new public transport projects on time and on budget.

Cathie Craigie:

We know that, to encourage people to use public transport, the options must be affordable and convenient. Many more people living in my constituency of Cumbernauld and Kilsyth and in neighbouring constituencies would use the train from Croy if adequate parking facilities were available. What action is the minister taking to ensure that the considerable amount of money that the Scottish Executive made available to improve parking facilities at Croy is spent soon? We have been waiting for more than three years since the previous minister made the announcement that the spending would go ahead.

Nicol Stephen:

I agree that more needs to be done to ensure that we speed the progress of new public transport projects. The delays in planning and land acquisition in relation to new park-and-ride projects have been frustrating. Work started in September on a new rail station at Gartcosh, which will have park-and-ride facilities. Moreover, we recently awarded funds to North Lanarkshire Council for a local transport interchange at Harthill. Work there is progressing well.

I understand that at Croy—there are other examples, but Croy has been a particular frustration for me—Strathclyde Passenger Transport has, after lengthy negotiations, acquired the land in question and is progressing the project. I am pleased to say that we will now have 460 new parking spaces at Croy, which will be a major breakthrough. We need to see more progress of that kind.


Boy Racers

To ask the Scottish Executive what steps it is taking to discourage criminal activities undertaken by "boy racers". (S2O-4819)

The Deputy Minister for Justice (Hugh Henry):

Boy racers cause significant problems in a number of communities and we are taking action to help local agencies to deal with problems in their areas. Additional powers for the police to stop and seize vehicles that are being used in a manner causing alarm, distress or annoyance to members of the public will come into force shortly. We have also given the police national targets to reduce the number of road accidents, introduced a national driver improvement scheme and supported safety camera partnerships.

Mike Rumbles:

There have been problems in communities throughout Scotland, particularly in Banchory, Aboyne and Alford in my constituency. I am not asking for new powers—I am not sure that they are needed—as boy racers are already committing offences in Scots law. I was hoping that the minister would ensure that our police services—particularly in Grampian, but throughout the country—undertake enforcement action under the current law.

Hugh Henry:

There are two separate issues. As far as powers are concerned, police take their responsibilities seriously. It is for the local police to identify whether a crime has been committed and to act appropriately. The information will then be notified to the prosecution authorities, which will consider the case; they take such incidents seriously and will prosecute when the evidence is available that there has been a criminal offence. I advise Mr Rumbles that, if there is any evidence, it should be brought to the attention of the police. I would hope that the police in those areas would act appropriately.

On the wider issue that Mr Rumbles raises, I believe that the additional powers will make a significant contribution in many areas where there have been problems. The issue was raised when we were considering the Antisocial Behaviour etc (Scotland) Bill. My colleague Marilyn Livingstone identified significant problems in her area, which was partly why we moved in the way that we did in that legislation. I believe that the additional powers given to the police in that legislation will help in areas such as Kirkcaldy, in Marilyn Livingstone's constituency, where there is a particular problem. I hope that, through the use of existing powers, linked to the new powers, there will be a significant improvement in communities that are afflicted.

Richard Baker (North East Scotland) (Lab):

Is the minister aware that Grampian police are likely to be among the first in Scotland to take action against boy racers through the new antisocial behaviour provisions, after Lewis Macdonald and Frank Doran MP asked them to deal with the problems of racing at Aberdeen's beachfront? Does he agree that that action, along with possible education measures, will make a difference in tackling the danger and the noise nuisance that can be caused by aggressive driving?

Hugh Henry:

I am aware of the problem in the Aberdeen area, as Richard Baker has raised it before. Local members take that problem seriously and are working hard to remedy it. Frank Doran, the local MP, chairs a group considering the problem. Lewis Macdonald is closely involved in that work. I hope that that effort by local politicians in co-operation with appropriate agencies will, using the existing law and the new legislation, start to make a difference. I commend all those in Aberdeen who are working hard to improve matters.


Disability Discrimination Act 1995

To ask the Scottish Executive how many claims there have been to the courts under the Disability Discrimination Act 1995 in Scotland. (S2O-4810)

The Minister for Justice (Cathy Jamieson):

Information on the number of cases raised and their general nature is collected and published annually in the publication "Civil Judicial Statistics". It is not possible from that information to identify the number of claims raised under the Disability Discrimination Act 1995, but the Executive is reviewing the way in which the Justice Department collects and provides statistical information in relation to the civil justice system.

Jeremy Purvis:

Is the minister aware that the Disability Rights Commission believes that there have been a number of appeals to the courts by people who, regrettably, have had to seek legal recourse for the rights that they should have enjoyed automatically? Will she ensure that the Executive captures those data, as it is important for communities throughout Scotland to understand that they have rights and that, where there are breaches of the act, there can be legal recourse? Public transparency—knowing the number of cases—is important.

Cathy Jamieson:

As the member points out, that is important. Officials from the Justice Department have been in touch with the Disability Rights Commission in respect of that matter. I understand that the commission considered about 15 cases in a research report that was published in 2004. Obviously, the commission, too, has been unable to give the number of cases that have been taken to the courts, but it indicated to us that it believes that that number is low. We need to keep an eye on the matter. We want to ensure that we get the appropriate information. We also want to ensure that people's rights are being upheld and, even more important, that people's rights are being promoted.


Wind Farms

To ask the Scottish Executive whether it will provide further strategic guidance on the siting of wind farms. (S2O-4900)

A forum has been established to consider how the Executive's renewable energy targets can continue to be delivered in a sustainable way. The need for further strategic guidance will be one of the issues that the forum will consider.

Alex Johnstone:

Since the Parliament's Enterprise and Culture Committee called for such guidance last year, there has been a further rash of wind farm applications throughout Scotland. Will the minister ensure as a matter of particular urgency that the advice is available as soon as possible?

Allan Wilson:

I am not sure that "rash" is the correct collective term for the proliferation of onshore wind farm developments, but I assure Alex Johnstone that forum members have been asked for their views on what issues need to be addressed and how and when that could be done and that we will consider carefully what they have to say. We have also commissioned research, which will be undertaken in the spring, into the issue that he raises, which I hope will enable the Executive to begin the review of national planning policy guideline 6 earlier than anticipated.

That concludes general questions.

On a point of order, Presiding Officer. General questions were about two minutes late in starting, so would it be in order to give us two minutes' injury time to allow me to ask question 8?

The Presiding Officer:

The time for question time is fixed, Mr Canavan, and you have to allow some leeway on my part to allow us to run a minute or a minute and a half over on other questions. Questions are balanced out over the course. I have no discretion on the matter.