SCOTTISH EXECUTIVE
Freedom of Information
To ask the Scottish Executive what provision will be made in order to enforce any future freedom of information legislation. (S1O648) The Lord Advocate (Lord Hardie): Before answering the question, I should explain that Jim Wallace is unable to be here today because he is attending a funeral. The questions directed to him have therefore been reallocated.
Last week, Jim Wallace spoke about the pros and cons of a human rights commission in Scotland. Does the Lord Advocate agree that one of the pros would be that a commission could enforce such legislation so that it actually worked rather than ending up on the shelf? Will he ensure that proper consultation takes place with Scottish bodies on freedom of information? Will he confirm that he will not take on the responsibilities or take the actions that Jack Straw proposes to take at Westminster?
As I have indicated, the Scottish Executive will issue a consultation document to which people in Scotland who have an interest can respond.
A8000
To ask the Scottish Executive how the proposed upgrading of the A8000 will be funded, what the time scale for the upgrading is likely to be and whether the A8000 will be a trunk road after upgrading. (S1O-622) The Minister for Transport and the Environment (Sarah Boyack): The A8000 is a local road and responsibility for its upgrading therefore rests with the City of Edinburgh Council. The Executive has no plans to expand the trunk road network.
Is the minister aware that the traffic congestion in the vicinity of the Forth road bridge is among the most intense in Scotland? Does she accept that there is
I am well aware of the intensity of congestion in and around the area of the Forth bridge. I am happy to say that the local authorities are working on that matter; I am meeting them in December to discuss the research that the Scottish Executive is doing and to discuss strategies for improving investment and the facilities in the area.
North of Scotland Water Authority
To ask the Scottish Executive when ministers last met the North of Scotland Water Authority and what matters were discussed. (S1O-630) The Minister for Transport and the Environment (Sarah Boyack): I last met the North of Scotland Water Authority on 14 September 1999 to discuss strategic issues in relation to its corporate plan.
Will the minister investigate the authority's reported intention to levy the highest water charges in Scotland yet also reward its senior staff with performance bonuses? Does not the current situation illustrate the need for a root- and-branch reform of that quango, so that it becomes more responsive to customer needs?
One of the key measures in the Water Industry Act 1999 was the establishment of the Water Industry Commissioner for Scotland. It will be his job to look independently—from a customer's point of view—at the investment programmes and charging of the three water authorities and to report to me. The report will then be considered by the Scottish Executive.
Caledonian MacBrayne
To ask the Scottish Executive when it last met the chairman of Caledonian MacBrayne and what matters were discussed. (S1O-647) The Minister for Transport and the Environment (Sarah Boyack): The First Minister, the Deputy Minister for Highlands and Islands and Gaelic and I met the chairman and the managing director of Caledonian MacBrayne on 21 September. During that meeting, a range of matters were discussed.
In view of the likely withdrawal of Sea Containers from the Campbeltown to Ballycastle ferry route, will the minister ask Caledonian MacBrayne to come forward with proposals to take over that route?
That is a commercial venture, and I know that people in George Lyon's constituency have a great interest in it. I am aware that Highlands and Islands Enterprise and the local council have provided money for a campaign to promote tourism in the area. The commercial decision is for CalMac to take. The service is not a lifeline ferry service, but I am aware of the interest in the route. I will be meeting Sea Containers on 2 December to discuss a range of issues.
I call Pauline McNeill.
Can I—
I think not.
Can the minister tell Parliament—
Order. I call Pauline McNeill.
Female Offenders
To ask the Scottish Executive whether it is considering options for alternatives to prison for female offenders. (S1O-625) The Deputy Minister for Social Inclusion, Equality and the Voluntary Sector (Jackie Baillie): The Executive is seeking other options for female offenders and an inter-agency forum has been established to identify practical alternatives to custody for that group.
The minister will be aware that Kate Donegan, governor of Cornton Vale, said last week that the prison was being hit by a tidal wave of damaged and vulnerable women, despite growing calls for alternatives to prison sentences. Will the minister publish details of existing community service schemes and can she give a commitment today to work towards increasing the number of such schemes in order to widen the availability of alternatives to prison?
Indeed I can, because the forum led by Professor Sheila McLean is looking at alternatives to custody and will specifically address the issue of enhanced services in the community. An immediate change that has already been implemented is the bail retrieval scheme in Cornton Vale, which allows women offenders a second chance of being released on bail and under supervision.
Immigration and Asylum
To ask the Scottish Executive whether it will be concluding a concordat regarding the terms of the forthcoming immigration and asylum legislation with Her Majesty's Government. (S1O
We expect that the legislation will be covered by the concordat between the Scottish Executive and the Home Office. We will be evaluating the effects of the new support scheme for asylum seekers in Scotland in due course.
I am sure that the minister will be aware of the controversial nature of that legislation, particularly the voucher scheme, and of the cross-party concern about it. Will he assure us that this Parliament will be able to debate the terms of the concordat?
As members will know from previous discussions, immigration and asylum are reserved matters, over which we have no legislative competence. We are determined to ensure that Scotland plays its part in fair, effective and fast support for asylum seekers. That is why I have announced today that we will review the operation of these measures some 18 months from their inception. It is important that the Executive and the Parliament concentrate on what it can do rather than on what it cannot.
A precedent has been set in this Parliament that we can discuss and debate reserved matters, regardless of whether we have legislative competence over them. Will the minister give the Parliament an opportunity to debate this matter, which is of cross-party concern?
The short answer to that question is no. I reiterate that, in matters where we have devolved responsibility, we will take measures to ensure that we can give the assurance—in response to questions or in any other way—that we are playing our part in providing the support that is required for those who seek asylum on our shores. That is the correct way forward.
Police Funding
To ask the Scottish Executive whether it intends to review the process which determines the level of funding made available to individual police forces in Scotland. (S1O-654) The Lord Advocate (Lord Hardie): A review of the formula that determines the distribution of grant-aided expenditure for the police in Scotland commenced earlier this year. The review is being undertaken jointly by the Scottish Executive, the Convention of Scottish Local Authorities and the Association of Chief Police Officers in Scotland, and is due to report next year.
Will the Executive ensure that the review takes account of the fact that the criteria for funding are out of date and fail to create a level playing field? For example, the criteria penalise the people of the north-east, who have the second lowest number of police officers and the second lowest per capita expenditure of all Scottish police services, despite the fact that Grampian police have to deal with the second highest number of crimes per head of population. Will he ensure that that unfair funding mechanism is updated as soon as possible in the new year?
The review will consider all relevant information. In 1997-98, the grant-aided expenditure for Grampian police was set at £57.9 million and the force spent only £55.2 million. That is an underspend of £2.7 million, which I understand to be equivalent to the salaries of 108 police officers.
Scottish Football Association
To ask the Scottish Executive when the Deputy Minister for Culture and Sport last met the Scottish Football Association and what they discussed. (S1O-658) The Deputy Minister for Culture and Sport (Rhona Brankin): I will take this opportunity, as so many of the gentlemen in Parliament have done today, to congratulate Craig Brown and the team on their victory last night. [Applause.] We share their disappointment that they are not going to the finals, which is a source of great sadness to us all.
I welcome and concur with the minister's sentiments. I point out that the Scottish women's football team is currently leading group 6 of the Union of European Football Association's women's championship. [Applause.] Will the minister say what measures the Scottish Executive is taking to promote women's football in Scotland?
That was the match that I attended at Broadwood stadium on Sunday. Cathie Craigie, the MSP for Cumbernauld and Kilsyth, was there as was the MP Rosemary McKenna. I did not notice any male MPs or MSPs.
Acute Services Review
To ask the Scottish Executive whether the recommendations of the acute services review will be submitted to the Scottish Parliament for approval. (S1O-659) The Minister for Health and Community Care (Susan Deacon): The acute services review was published in June 1998 and is already being implemented.
Given the reported £22 million overspend by 14 acute hospital trusts in Scotland only halfway through the financial year, does the minister acknowledge that the rising drugs budget, the 2,000 blocked beds and the potential problems with winter pressures constitute serious mismanagement of the national health service and prove that the Government is failing to deliver on its promises to the Scottish people?
The short answer is no. I am disappointed because, following Mrs Scanlon's first question, I thought for a moment that she was interested in the future development of the health service in Scotland, as this Executive is. That is why in the current year we are investing record amounts in the NHS in Scotland. That is not all. We are also ensuring that those resources are being used properly and effectively by putting in place strategies, such as the acute services review, to provide the best possible services for patients across Scotland.
Criminal Injuries Compensation Authority
To ask the Scottish Executive what representations it has made to the Criminal Injuries Compensation Authority about delays in handling claims from Scottish victims. (S1O-619) The Lord Advocate (Lord Hardie): We have not made any representations on this subject. Although in some cases delays are inevitable, the authority is none the less committed to reducing waiting times.
Will the Lord Advocate tell me what length of delay he considers acceptable?
I do not think that any avoidable delay is acceptable, but some delays are inevitable. For example, it may be necessary to delay determining a case until the final medical condition of the victim is known and the board is able to decide the appropriate compensation.
Is the Lord Advocate aware that a client of Charles Wood & Son in Kirkcaldy has been waiting since May 1996 for a hearing day? Does he consider that three and a half years is acceptable, and will he now make urgent representations on behalf of Scottish victims?
I understand that no MP or MSP has made a complaint about any particular case but, if Tricia Marwick writes to the minister, I am sure that he will take up the case to which she refers. It is possible for anyone who feels aggrieved about a delay in the handling of their case to contact the operations manager at CICA to find out what is wrong. The Scottish parliamentary commissioner for administration also investigates complaints from members of the public who may have suffered because of maladministration. That procedure would apply to CICA as well.
Juvenile Offenders
To ask the Scottish Executive whether it will confirm that the actions of the sheriff in Ayr sheriff court on 9 November 1999 in relation to Ryan Ingram who had pleaded guilty to three separate charges involving assault and theft are in line with its recently announced plans for the treatment of juvenile offenders. (S1O-636) The First Minister (Donald Dewar): I take the view—as I hope this Parliament does—that sentencing is a matter for the courts. In this case, the court has had the advantage of hearing submissions, both from the procurator fiscal and from the defence, and of making a judgment on that basis.
The Scottish Executive has recently announced special treatment for young offenders, which will involve attempting to limit the time that they spend in prison. Does the First Minister care about the effect on the victims in the case to which I referred, two of whom suffered from learning difficulties? The third, an elderly lady, Mrs Bryden, is now afraid to go out in the dark.
I cannot pretend to be familiar with the detail of this offence but I have faith that the courts will consider such matters in a balanced way.
Police Budgets
To ask the Scottish Executive what action it intends to take to address the position whereby Scottish police forces have to cover the entire cost of policing visiting dignitaries from existing budgets whilst the Metropolitan police are granted over £150 million extra to cover the policing of visiting dignitaries and other special duties. (S1O-620) The Lord Advocate (Lord Hardie): Police grant-aided expenditure in Scotland provides forces with funding to cover all their policing requirements, including the cost of policing visiting dignitaries.
I thank the Lord Advocate for that answer, but it was not the one that I hoped for. The £150 million is extra funding for the Metropolitan police. Is he aware that we do not have extra money in Scotland for policing visiting dignitaries? Is he also aware of the special problems of Glasgow, which has three major football stadiums, and of Edinburgh, which has Murrayfield, Holyrood and the Scottish Parliament to police?
We cannot have a speech in support of a question.
The funding of the Metropolitan police is not a matter for this Parliament. As I explained, the issue of policing visiting dignitaries is taken into account when allocating funds to Scottish police forces.
Fife Health Board
To ask the Scottish Executive whether it will make a statement on the provision of acute services by Fife Health Board. (S1O-638) The Minister for Health and Community Care (Susan Deacon): No. It is the responsibility of Fife Health Board to plan the provision of acute services in Fife and to do so in consultation with local representatives and with the local population.
Does the minister agree that, during the forthcoming formal consultation period, it will be important that the clinician's views are clearly heard? Will she give her views on the proposal for a single district general hospital in Fife, as is advocated by the Minister for Enterprise and Lifelong Learning?
As I indicated in my answer to Mr Raffan's first question, it is the job of local health authorities to determine how best the needs of local populations can be met. It is the job of this Parliament to ensure that we set the national strategy and that health boards operate in a way that takes into account a wide range of opinion. I hope that that kind of dialogue will take place in the months ahead so that the most appropriate health services can be delivered for the people of Fife.
Portmoak Airfield
To ask the Scottish Executive whether it will make a statement on the future of the Scottish Gliding Union Portmoak airfield in Kinross and any potential dangers presented by the developments adjacent to the runways and flight path. (S1O-616) The Minister for Transport and the Environment (Sarah Boyack): Land use planning and development in the area of Portmoak airfield is a matter for Perth and Kinross Council acting under national and local development control policy.
Is the minister aware that planning permission has been granted for an equestrian centre directly under the flight path? The Scottish Gliding Union is worried in case an accident occurs and its licence is removed. Does she agree that the Portmoak airfield is a valuable resource for Kinross and will she issue guidelines to Perth and Kinross Council regarding development on this site?
I am aware that an appeal about further development in that area is currently in abeyance. The issue is being considered and the council, the air operators and representatives of the equestrian centre are in negotiations. It is hoped that a mutually acceptable solution will be arrived at. If there is no resolution, the appeal will come back on the agenda. I assure Mr Johnston that the issues of safety that he raises will be taken on board by the Scottish Executive reporter when considering any appeal.
Rail Network (Coal Transportation)
To ask the Scottish Executive whether there have been any discussions with English Welsh and Scottish Railway to increase its capacity to transport Scottish coal on the national rail network. (S1O-642) The Minister for Transport and the Environment (Sarah Boyack): The matter is the subject of a formal complaint made by the coal industry to the Office of the Rail Regulator on the basis of the possible abuse of a dominant position by English Welsh and Scottish Railway. The outcome of the rail regulator's investigation is awaited.
I thank the minister for that information, of which I was unaware. Will she agree that, if EWS is unable adequately to transport indigenous coal, a serious threat exists to what is left of the Scottish coal industry?
I am aware of the significance of the transportation of coal by EWS. The lead in addressing that matter has already been taken by Brian Wilson at the Scotland Office. He has been keeping Henry McLeish and me fully informed of developments and we are all trying to address the issue. The Office of the Rail Regulator is critical in terms of ensuring that there is a proper judgment on this issue and that full attention is given to it.
Genetically Modified Organisms
To ask the Scottish Executive, further to the answer to question S1W-1109 by Ross Finnie on 5 November 1999, whether it is satisfied that there is no risk of genetically modified crops in test sites in Scotland pollinating surrounding non-genetically modified crops and wild plants. (S1O-641) The Minister for Rural Affairs (Ross Finnie): Yes. All tests of GM crops with sites in Scotland have been subject to detailed risk assessment by the independent Advisory Committee on Releases to the Environment. Consent holders must adhere to the detailed limits and conditions that are set. That includes the size and nature of buffer zones that surround GM plantings, which are designed to ensure that there are no unacceptable environmental consequences.
In view of a recent study on a farm near Oxford, which showed that beehives up to 4.5 km from a GM trial crop were contaminated by GM pollen, is it not a bit complacent to be satisfied with the current separation limit of 200 m from conventional trial crops?
The current separation distances are based on internationally agreed distances and are designed to deliver seed purity of 99.5 per cent. The separation distances have been determined through practical field experience, but we accept that there is evidence now and again to suggest that they might be altered. Buffer zones are kept under constant review by ACRE, which takes into account any new research.
Halfway Houses
To ask the Scottish Executive whether it will consider the proposal for a number of halfway houses, which would allow women to live under supervision with their children, as an alternative to prison. (S1O663) The Deputy Minister for Social Inclusion, Equality and the Voluntary Sector (Jackie Baillie): Local authorities are already funded to provide a range of community accommodation for offenders and women, which is given priority as a matter of policy. Some of those hostels may make provision for children, too.
Does the minister agree, however, that the problems faced by most women in Cornton Vale are deep-seated? Effective support requires a more sustained and structured approach, which could be provided by halfway houses.
I recognise the deep-seated problems that women in Cornton Vale— particularly those with children—experience. Already, family visits take place in far more relaxed settings, with appropriate child care support. Special provision is made for mothers and babies to be located together. Nevertheless, the Executive would be happy to consider further what can be done for women offenders with children.
Trading Standards Officers
To ask the Scottish Executive what plans it has to support and strengthen the work of trading standards officers in Scotland's local authorities. (S1O-660) The Deputy Minister for Enterprise and Lifelong Learning (Nicol Stephen): Responsibility for the consumer protection measures implemented by the trading standards service in Great Britain rests with the UK Government, which in July set out a strategy for the service's future in the consumer white paper "Modern Markets: Confident Consumers". The Scottish Executive is working with the Department of Trade and Industry on the implementation of the proposals set out in the white paper.
Is the minister aware that, in Scotland, there are now fewer than 190 trading standards officers, enforcing more than 1,000 acts of Parliament? Will he encourage local authorities to take on more trainee TSOs, as there are apparently only 20 at present?
The white paper recognises the strong advantages of locally based services but also the pressure on resources that is caused by the increasingly wide range of activities that are being carried out, especially in smaller local authority areas. Particular emphasis is given to the provision of sufficient training for new TSOs.
We started a couple of minutes late, so I will allow one more question.
Speech and Language Impairments
To ask the Scottish Executive what level of provision is made throughout Scotland in secondary schools for pupils with speech and language impairments. (S1O-617) The Deputy Minister for Children and Education (Peter Peacock): That information is not collected centrally. The grant-aided expenditure for local authorities has been doubled to £6.5 million per year from April 1999 for speech and language therapy services for pupils with records of needs.
Could the minister outline what measures will be taken to ensure that pupils who have speech and language impairments, and their parents and carers, will inform Government policy on this issue?
We have recently announced that we will review issues relating to speech and language therapy with the Convention of Scottish Local Authorities and health agencies. It is very much our intention to consider the views of those who receive—or who find it difficult to receive— those services. I will be grateful for any information that the member can provide on that.
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