SCOTTISH EXECUTIVE
Waste Electrical and Electronic Equipment Directive
To ask the Scottish Executive what action it has taken to raise awareness amongst small and medium-sized companies of the implications of the forthcoming waste electrical and electronic equipment directive. (S2O-751)
We have raised awareness of the directive in the electronics and waste industries through a range of meetings, seminars and discussions and by issuing a discussion paper, which was published in March 2003.
Is the minister aware that there is a great deal of discussion in England between the Department of Trade and Industry and local authorities on providing a separate collection for discarded white goods, which would allow white goods to be reused rather than landfilled, and that funding is being considered to enable local authorities to fund such facilities? Will the Executive consider a similar scheme to allow white goods to be reused, particularly by community groups that are crying out for those goods, rather than their continuing to be dumped in landfill sites?
As Shiona Baird is well aware, the whole purpose of the directive is to ensure that by placing a real obligation on both the manufacturer and the importer of the goods, they take those goods back. The intention is to place the obligation on them to reuse and recycle, so the whole purpose of the directive is to obviate the question of increasing landfill.
Is the minister aware of the commercial opportunities that could result from the directive? Is he familiar with the work of MIREC Asset Management in Dumfries, which recycles and refurbishes considerable amounts of telephone and other electronic and computer equipment? Will he consider visiting that firm to see for himself at first hand what can be achieved?
As was implicit in Shiona Baird's question and in my answer, reuse is a key element and something that will come much more into play as a consequence of the directive. I am aware of the work of that company. I have not visited it, but I would be delighted to try to fit it into my diary of engagements.
Convention of Scottish Local Authorities (Meetings)
To ask the Scottish Executive when it will next meet the Convention of Scottish Local Authorities and what issues will be discussed. (S2O-750)
We meet regularly with the convention to discuss issues relevant to local government. My next meeting with the convention is on 27 November.
I hope that the state of Scotland's local roads will be on the agenda. According to research by the Automobile Association, some 13 councils spend less on their local roads than is recommended by the minister's department. For instance, Stirling Council has spent some £5 million less in the past two years than he would have recommended. Does he share my concern about that?
Brian Monteith's question also reflects the fact that some councils spend more than the allocated grant-aided expenditure. Of course, GAE acts as guidance to councils on spending the resources that we allocate to them. It is quite right that, as local democratic organisations, councils have the right to make local decisions, and I hope that local citizens hold them to account for those local decisions.
Building Regulation Reform (Consultation)
To ask the Scottish Executive what consultations there have been between its officials responsible for building regulation reform and those who have expertise in sustainable development, in particular Scottish Natural Heritage and the Scottish Environment Protection Agency. (S2O-755)
The consultations on the modernisation of the building standards system have involved a variety of bodies with expertise in sustainable development, including the Scottish Environment Protection Agency and Scottish Natural Heritage. Indeed, the Transport and the Environment Committee of the previous session commended the inclusive approach taken by the Executive during the development of the Building (Scotland) Bill proposals last year.
The minister will no doubt be aware that by far the biggest stream of commercial waste comes from the construction industry and that waste minimisation is agreed to be a top priority in the waste management strategy. How will the next round of building regulations reduce that stream of waste?
The new regulations under the Building (Scotland) Act 2003 will support development that has lower impact on energy and water use and greater emphasis on reducing the amount of waste and greenhouse gas emissions. We are aware of the issue and we will continue to monitor the situation and react to it.
In the minister's next review of building standards, will she explore how renewable energy and energy efficiency technologies, such as solar heating and combined heat and power systems, could enable Scottish householders to have warmer homes that they can afford to heat and which will not damage the environment?
The Executive is always examining ways of increasing energy efficiency in both residential and business properties. Sarah Boyack will be aware that there have been huge improvements in the development of solar heating in recent years. The Executive will consider that matter, particularly in the light of our implementation of the European Commission directive on the energy performance of buildings.
Primary Medical Services (Out-of-hours Cover)
To ask the Scottish Executive what extra resources will be made available to national health service boards following implementation of the new primary medical services contracts for out-of-hours general practitioner cover in those circumstances where not enough GPs register to work beyond contracted hours. (S2O-722)
To help NHS boards reprovide the service, the out-of-hours development fund will be increased from £6.3 million in 2003-04 to £10 million in 2005-06. In addition, GP practices that opt to transfer their out-of-hours responsibility to the board will have their global sum allocation reduced by 6 per cent, which will release further funds to assist boards with the costs of service reprovision.
I thank the minister for his reply, but my question was in human rather than financial terms. Given that a substantial number of GPs say that they will opt out of the service, what services will be provided for people who reside in areas with acute shortages of GPs who take part in out-of-hours cover?
We should not exaggerate the number of GPs who will opt out. The report of the out-of-hours development group, which was published this week, states that the indications are that between two thirds and three quarters of GPs will still want to work out of hours—they may not want to have responsibility for an out-of-hours service, but they will want to work out of hours. A survey in Glasgow indicated that the same proportion of GPs will want to work out of hours in Glasgow as currently work for out-of-hours co-operatives in Glasgow. We should not exaggerate the extent to which doctors will withdraw from the service.
Many members have received letters from rural and remote GPs about the anticipated benefit for them from the Primary Medical Services (Scotland) Bill with regard to out-of-hours cover, holiday relief and a shorter working week. Will the minister assure that group of GPs that, from the date on which the bill is enacted, the out-of-hours service will be available through health boards to provide cover for those GPs? Has he identified the qualified medical staff whom health boards will be able to employ to allow them to provide that service?
Before I answer that question, I reassure patients that under the patient services guarantee, all out-of-hours work will be carried out by accredited providers. That is another part of the agenda of developing standards. On GPs, I have said that, in exceptional circumstances, it may not be possible to transfer the service, but that in the vast majority of cases, it will be possible to do so. A lot of work is being done. It would be useful for interested members to read the report that was brought out this week, which mentions the different models of care that are being developed.
Nursery Education (Rural Areas)
To ask the Scottish Executive whether it will give practical and financial support to transport for nursery education in rural areas. (S2O-716)
Section 37 of the Standards in Scotland's Schools etc Act 2000 gives local authorities the power to provide transport free of charge to and from places that deliver pre-school education. The Scottish Executive makes available practical and financial support so that local authorities can implement that power as required.
Is the minister aware that in the rural village of Philipstoun in West Lothian there is no public transport to the nearest nursery school in the neighbouring village of Bridgend, which is some 3 miles away and is too far for the children to walk to? Should not the Executive now be considering giving assistance to communities in rural areas in that category so that they will not lose out? Will he please look into the matter as the local authority obviously has particular problems in that regard?
I am not aware of the specific example that Lord James gave, but I will ask my officials to look into it with the local council. The Scottish Executive expects local authorities to ensure that pre-school education provision is as local as possible, minimising the need to transport children long distances. In addition, we support local authorities through grant-aided expenditure and the child care strategy. Indeed, £137 million is provided to local authorities in their GAE allocation, of which there is a rural weighting of £6.6 million. On the child care strategy, funding will increase from £19.25 million in this financial year to £40.65 million in 2005-06. Guidance is available on providing transport for young children; it is being developed as part of the growing up in rural Scotland programme, which is funded by the Scottish Executive.
Is the minister aware that local authorities vary in the priority that they give to funding transport for children going to nursery school? Will he ask local authorities what they are doing? Will he also ask them to ascertain whether there are children in their area who cannot access nursery school because of lack of transport? Such children living in isolated areas are the very children who need the social and educational development that nursery school would give.
I will take the member's comments on board. It might be sensible to ask local authorities what they are achieving. Guidance, including transportation guidelines, is available, but I will get back to the member about that.
Is the minister aware that the newly published school transport guidelines say very little about nursery transport? The case of West Lothian is pertinent: whereas children in the villages of Torphichen and Westfield get free transport, because there is a primary school in their village but no nursery provision, the children of Philipstoun do not get free transport, because there is no primary school in the village. There are many such anomalies. Given that most three and four-year-olds can now access nursery education, we should examine why there is provision of transport in safety for five-year-olds but not for three and four-year-olds.
As I have already said, local authorities can refer to the Scottish Executive's school transport guidelines, which the member mentioned, when making arrangements for pre-school children. The issues in West Lothian are primarily a matter for West Lothian Council, but I will look into the specific case that Lord James raised.
Antisocial Behaviour etc (Scotland) Bill<br />(Human Rights Issues)
To ask the Scottish Executive what human rights issues there are in relation to the Antisocial Behaviour etc (Scotland) Bill. (S2O-756)
The Executive is committed to tackling antisocial behaviour in Scotland effectively. The Antisocial Behaviour etc (Scotland) Bill is an important part of our wider strategy, which is aimed at delivering on that commitment to Scotland's communities.
In part 3 of the bill, section 16(1)(a) gives a power to the police to disperse groups of two or more people based on their "presence or behaviour". How can the dispersal of groups based on their presence alone be squared with article 11 of the European convention on human rights, which covers freedom of assembly? Further, will the use of that power serve to build or undermine the relationship between the police and alienated groups within the communities that they serve?
Part 3 of the bill gives the police new powers to disperse groups in areas designated as suffering from antisocial behaviour. Those powers comply with the ECHR and are a balanced and reasonable response to a pressing social need.
The minister gave a robust reply. Human rights and liberties often come into conflict. One person's liberty or right to live his or her life in his or her way—which may be a slightly unusual way in the eyes of other members of society—can conflict with the right of a lot of other people to have a reasonably peaceful life. How will the minister try to keep a balance between those conflicting rights, especially the rights of the individual and those of the community?
Donald Gorrie raises a significant point. I assure him and all members who have expressed concern about the policy that we have not adopted it to be draconian towards young people. We understand the need to keep a balance between certain individual rights and community rights. Of course, we have to protect everybody's rights within communities, but we believe that the power is proportionate to the problems that we are trying to deal with. If Donald Gorrie looks at the detail of our policy, he will see that it is proportionate, as it tries to focus in on those who are causing difficulties within communities, to encourage young people—or other people—not to cause those difficulties, and to open them up to other opportunities.
Will the minister assure the chamber that she will uphold the human rights of young people, under article 5 of the ECHR, on the security of person, and the human rights of pensioners, under article 8, to respect for their homes, by cracking down on those selfish neds—I repeat selfish neds—in whom Patrick Harvie and other politically correct romantics seem to be more interested?
No one should doubt the Executive's commitment to ensuring that the bill will be implemented. We are truly committed to ensuring that we deal with the problem of antisocial behaviour in our communities. I cannot be the only MSP in this chamber who goes to public meetings and hears the plea, "Please remember my human rights. Make sure my human rights are taken into account." The work that I have done over many years to tackle both violence against women and racist violence is entirely consistent with the policies that I am trying to develop in this field. Everyone has the right to live free from violence, and we should never shirk from taking appropriate action to ensure that people do so. That is not just a claim; that is a reality for all Scotland's communities.
Schools (Safety)
To ask the Scottish Executive what measures it is taking to ensure the safety of children in schools. (S2O-738)
The Executive encourages authorities and schools to take all reasonable steps to ensure school safety. We have issued guidance on aspects of safety and made specific funds available on occasion to support important measures.
The recent fatal stabbing of a Lincolnshire school pupil and today's news that there has been another incident in a classroom near Brighton have highlighted the fact that although it is rare, violence in schools is an issue that we must take seriously. Can the minister tell me how the Executive will ensure that the carrying of offensive weapons does not become more prevalent in Scotland's schools?
As Margaret Smith rightly said, there was a tragic incident in England during the past few weeks and another incident took place yesterday. Schools are part of the wider community and, in a Scottish context, the solutions that we have to find for schools are part of the solutions that we have to find for the wider community. We have to make it clear that, in Scottish society, it is unacceptable to carry a knife habitually in the way that some young people have done in the past.
Industrial Fisheries
To ask the Scottish Executive what action it is taking at European, or other, level to address issues such as cod and other white-fish bycatch associated with industrial fisheries. (S2O-753)
The Scottish Executive remains concerned about the scale of industrial fishing and its potential impact on the marine ecosystem and has been active in discussing all future management options with the various committees within the European Commission.
Increased control of industrial fisheries is crucial to the effort to hasten recovery of white-fish stocks. The minister will be aware that on Tuesday, the European Commission cited the United Kingdom for its failure to enforce Europe-wide rules that are designed to protect white-fish stocks, including failure to prevent illegal landings. As a result, Scottish boats might be confined to port if the UK does not give satisfactory guarantees to uphold the law within eight weeks. Does the minister acknowledge that illegal landings are happening in Scotland? Can he give an estimate of the percentage of white-fish catch that is landed illegally?
No, I am unable to give an answer to that and, of course, those are just allegations. If the Scottish Fisheries Protection Agency had evidence that is of the standard of proof that is properly required by a Scottish court, prosecutions would have been made. I shall read with interest the report of the allegations, which also takes one or two unfortunate side-swipes at the standard of proof that is required by Scots law. I do not think that that is fair—we should all be proud of the system of law that we have in Scotland and of the standard of proof that is required to obtain a conviction. I am disappointed that the EC takes a different view.
Does the minister accept that the bycatch adds further insult to injury, especially given the total failure to stop the Danes from increasing their industrial fishing quota? What has the minister done since to reduce that destructive fishing, which threatens the future of the fishing industry?
As a result of the bilateral talks with the Danes that took place as part of the discussions to which I referred in my first answer, we made representations about extending the closure of the sand-eel fishery on the Wee Bankie. We understand that that is going to happen; that is an advance.
House Sellers' Surveys (Energy Efficiency)
To ask the Scottish Executive whether its pilot study of house sellers' surveys will include an assessment of household energy efficiency and, if so, how this assessment will be carried out. (S2O-754)
Mr Andy Kerr.
It is Margaret Curran.
I am sorry. Margaret Curran.
I thought something had happened; however, I am sure the First Minister would have told me.
That is what I wanted to hear. I am sure that the minister agrees that unless the energy efficiency measure that is used is a measure such as the national home energy rating, the survey will give little information about the overall efficiency of houses and will offer little incentive for householders to invest. Will the minister assure Parliament that such a measure will be retained when the survey is rolled out nationally?
The way we have approached the introduction of the single seller survey and the fact that we are having the pilot give us the opportunity to ensure that we get the survey right and that it is deliverable. The work of the housing improvement task force has informed that considerably. I recommend that the member look at that work, which took place during the previous session of Parliament. We are about to report on the matter.
Tourism (European Funding)
To ask the Scottish Executive what action is being taken to ensure continued European funding for tourism. (S2O-719)
Over £60 million has already been allocated to tourism in Scotland from the current European structural funds programmes, which run from 2000 to 2006. It is vital that we continue to work closely with partners to maximise uptake of the funding that is available to tourism over the remainder of the programme period. The Scottish Executive remains engaged in the evolving debate on the funds' future after 2006. We will continue to work with Scottish partners, the United Kingdom Government and European partners to ensure that Scottish interests are fully represented.
The minister is aware that there is considerable worry among many tourism projects about what might happen after 2006. Projects such as the millennium wheel in Falkirk and Discovery Point in Dundee were provided by matched funding from Europe. What funding is likely to be available for Scotland and what funding might go to competitor accession states in Europe, contrary to our interests? What facilities will be available to access what is currently the matched funding?
As Mr MacAskill knows, there will undoubtedly be changes to the European structural funds programme after 2006. The admission of the accession countries, which are clearly much poorer than Scotland, will lead to a shift of funding to those countries.
I ask the Scottish Executive yet again: when will it publish its review on area tourist boards, in order that tourist operators in Scotland may be clear about what is intended for their industry?
As Mr McGrigor knows, a ministerial working group on tourism is considering a range of issues in relation to the industry, including the different sources of public funding and important issues such as skills and training. We have made it clear that we want to take a wider view of tourism support before we take decisions on the area tourist board review. I cannot pre-empt the outcome of the ministerial group's work, but I hope that it will shortly be in a position to report to the Cabinet.
Primary Care Health Facilities
To ask the Scottish Executive what steps it is taking to ensure that high-quality, modern primary care health facilities are provided in local communities. (S2O-739)
That is a high priority on which we are making significant progress. Since 1999, £52 million has been invested from the central primary care premises modernisation fund. That has supported over 100 community-based health and community care premises projects. Patients are benefiting throughout the country, with excellent examples of modern facilities delivering joined-up services. There will also be a 70 per cent increase in recurring annual expenditure to fund new purpose-built leasehold premises between 2002-03 and 2005-06.
Does the minister agree that if the Executive's laudable commitment is to be translated into reality in communities, local national health service managers must deliver projects on the ground? Does he share my concern that the people of Musselburgh are still waiting for a start to be made on a new primary care medical centre, which Lothian Primary Care NHS Trust originally promised would be completed by 2002? Will he ensure that his officials work closely with Lothian NHS Board to move the situation forward and, in so doing, will he further ensure that no unnecessary procedural barriers or delays stand in the way of what is a much needed and long overdue development?
I am certainly pleased that £200,000 has been allocated to the project from the modernisation fund but, like Susan Deacon, I am concerned that it has been taking so long. There are two reasons for that. First, there has been a protracted period of negotiation on valuation issues. Secondly, Lothian NHS Board must get its business case in as quickly as possible—I understand that it is to be submitted in December. When it does come in, I undertake to have the Health Department deal with it very quickly.
Scottish Prison Service<br />(Performance Indicators)
To ask the Scottish Executive what the key performance indicators are for the Scottish Prison Service. (S2O-726)
Ministers have set targets for the SPS on seven key performance indicators, which cover the four strands of the mission statement: custody, order, care and opportunity. I will be happy to supply the member with a copy of the SPS annual report, which contains all the details.
I think I thank the minister for that response. I have already read the annual report. The minister will be aware that the current performance indicators are based on quantitative rather than qualitative measures. Does the minister agree that, given the high levels of reoffending that exist, the SPS might be better to focus its performance indicators on attempting to reduce that reoffending?
It is important that we tackle the problems of reoffending. Three of the seven key performance indicators already focus in part on rehabilitation, in line with the challenges that we have set for the SPS to protect the public and reduce reoffending rates. I am aware of Jackie Baillie's interest in the subject, on which she has lodged a number of questions. I assure her that she will receive answers in due course. One of those questions was about assessment and evaluation of some of the programmes that are used. That is very important—we must ensure that the programmes that we use in prisons are effective in achieving the outcomes that we seek.
Is the minister aware that the way in which the SPS calculates its key performance indicators on matters such as out-of-cell hours for prisoners—in particular, on prisoners going to prison workshops—does not reflect whether the prisoners are involved in any meaningful work? From experience, I know that many of the workshops in our prisons do not have work for prisoners to do; instead of working, the prisoners play cards. Will the minister instruct the SPS to ensure that the KPIs that it publishes are more transparent so that we can tell whether prisoners are engaged in meaningful work?
I suspect that that was what Jackie Baillie was getting at in her questions. I refer the member to the SPS annual report, which gives fuller information on meeting the performance targets. As I have already said, it is important that whatever goes on in our prisons and during community sentences, which we heard about in yesterday's debate, tackles the problem of reoffending rates and ensures that people's behaviour is turned round.
I declare an interest as chair of the Scottish Library and Information Council. Does the minister agree that the provision of high-quality learning opportunities and access to information in prisons in Scotland is central to prevention of reoffending and that prison libraries and information support services are key to delivering lifelong learning in our prisons? Will the minister agree to meet key stakeholders to explore the development of standards in that area?
I am happy to confirm my view—which is also the Executive's view—that that area is important. I was recently delighted to have the opportunity to open the new learning centre at Glenochil prison, which provides exactly the kind of facilities that Rhona Brankin refers to. I am not aware of any particular difficulties in that area but, if the member wishes to give me more information, I will certainly give a commitment to take the matter up with the relevant people and, if necessary, to have a meeting.
Land Register
To ask the Scottish Executive what progress has been made with regard to placing the land register of Scotland online. (S2O-734)
There are two aspects to putting the land register online. The first is to make it possible to search the register and to extract information from it online. That has already been achieved through the registers direct service.
As the minister knows, over the past couple of months I have been contacted by several constituents who have pointed out difficulties regarding their details on the land register. To benefit them and others, I want to ask what the likely time scale is for completing the roll-out of the online process.
For the land register, that process has been introduced gradually across Scotland, county by county. On automated registration of title to land, the time scale for that project is not yet certain. As Scott Barrie knows from conversations that we have had, the process is complex. Paper title deeds have a long history and an entrenched position in the conveyancing process. Significant legal, cultural and business changes are required in order to move to the electronic medium. However, once that is established, it should lead to a reduction in registration costs for customers.
Dental Services (Inverness)
To ask the Scottish Executive what action it is taking to increase national health service dental provision in Inverness. (S2O-748)
Responsibility for the overall provision of NHS dental services in Inverness rests with Highland Primary Care NHS Trust. However, the Executive is aware that there are problems with access to NHS dental services in some parts of Scotland, including Inverness. For that reason, Highland is one of the designated areas of Scotland that benefit from enhanced incentives in the recruitment and retention package that was introduced by the Executive.
In view of that welcome and encouraging response, I ask the minister what steps have been taken to extend NHS dentistry provision to other areas of Scotland.
As I have said to Parliament, we are urgently examining provision of NHS dentistry. I can confirm that we will make a statement on the subject in the chamber next week.
We all fully appreciate that the Scottish Executive has introduced new incentives to NHS practices, as the minister has outlined. Unfortunately, those have not eased the recruitment problems for the only dental practice in Lewis and Harris. The dentist there—Ken Macdonald—has given over 20 years of excellent service to thousands of my constituents, but he continues to experience difficulty in recruiting dentists. Mr Macdonald has no desire to take his practice, which is staffed entirely by NHS dentists, into the private sector. Does the minister agree that that is exactly the type of situation that requires immediate and urgent attention?
I agree fully with that. The incentive package that was introduced has in many respects helped to stem the tide, but it has not been totally successful. That is why we fully recognise that there is a need to review again the provision of dental health services in Scotland. I entirely concur with the sentiments of Mr Macdonald—[Laughter.]—I mean Mr Morrison.
Glasgow Crossrail
To ask the Scottish Executive what its position is on Strathclyde Passenger Transport's crossrail technical feasibility study, which was submitted to the Minister for Transport on 28 October 2003. (S2O-720)
I can tell Mr Butler that officials have been studying the SPT proposal for the Glasgow crossrail project. I hope soon to be in a position to make an announcement on our response.
I thank the minister for that encouraging reply. Given the national benefit that will accrue from the crossrail project, is the response that we can expect soon liable to be positive?
I hope to clarify that in my response. As Mr Butler knows, the partnership agreement commits the Executive to supporting the feasibility studies on the Glasgow crossrail project. I do not believe that any significant problems have been identified in the work that officials have done to date. Without making the announcement today, I would be as confident as I could be that, in due course, the response might be positive.
It is three seconds before 3.10 pm. Question 16 has been withdrawn, so the last question is question 17.
Forest Enterprise (Land Transfer)
To ask the Scottish Executive what its position is on free transfer of land currently managed by Forest Enterprise to community groups where there is a demonstrable capability to manage the land for community and environmental benefit. (S2O-752)
The Forestry Commission Scotland manages its assets and financial affairs within the terms of the "Scottish Public Finance Manual", which imposes a duty to obtain the best possible price for the taxpayer from the disposal of surplus public assets.
Does the minister agree nonetheless that in areas with a long-standing interest in community ownership, such as Borgie in north Sutherland, placing deforested land on the disposal list would be valid in order to allow transfer to the community to take place?
I know that the Greens do not believe in economic growth to pay for improved public services but, to use Duncan McNeil's word, it would be new romanticism to start giving away the forestry estate to anybody who asks for it. I suspect that the Greens do not employ such a policy in relation to their own resources.
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