SCOTTISH EXECUTIVE
Taxi Fares (Non-payment)
To ask the Scottish Executive what means of redress are available to taxi drivers whose passengers refuse to pay legitimately incurred fares. (S1O-6484)
My understanding is that to accept a taxi ride without an intention to pay could constitute the common-law offence of fraud and would be a matter for the police to investigate. The fare could also be treated as a civil debt.
I will get to the nub of the matter. Unfortunately, the City of Edinburgh Council has issued a publication for the taxi trade, which states:
I confirm that the ability to make a citizen's arrest is available and that the crime that Margo MacDonald outlined exists. I understand that the City of Edinburgh Council intended to put a notice in the back of taxis stating that non-payment of fares would result in the passenger being locked in the cab and taken to the nearest police station. The police objected to that measure, but both the Crown Office and the Association of Chief Police Officers in Scotland share the view that the practice that is generally employed by taxi drivers—of taking the passenger to a police station, where the passenger either pays up or is reported—is satisfactory.
Castle Tioram
To ask the Scottish Executive what support is being given in order to ensure that Castle Tioram will remain an asset to tourism and culture. (S1O-6473)
None at present. Castle Tioram is a scheduled monument that is in private ownership and the maintenance of the castle is the responsibility of the owners. The owners were refused scheduled monument consent for the restoration of the castle and ministers accepted the reporter's recommendation, which was also against the granting of scheduled monument consent following a public local inquiry. The owners have lodged an appeal against that decision with the Court of Session. We have received legal advice that it would not be appropriate to comment further on the matter at this time.
Given the importance of Castle Tioram to our mercantile history—it was an important centre during the economic era of the lords of the isles—and the risk of significant further collapse of the building, will the minister urge Historic Scotland to work with the owner to ensure the place of Castle Tioram in Scotland's cultural heritage?
The member will be aware that there are many strong differences of opinion on the future of Castle Tioram, although everyone agrees that the monument is extremely important and that the current situation is extremely difficult. I have discussed the issue with Historic Scotland and tried to get a date for the hearing of the appeal that has been lodged, but we have not been able to ascertain that date. The situation is certainly unsatisfactory, but, after the hearing, we will be able to make progress one way or another.
Is the minister aware that, as well as having the support of many people in the local community, the proposals for the restoration of Castle Tioram were supported by Scottish Natural Heritage, Highland Council, the Royal Fine Art Commission for Scotland, the Scottish Environment Protection Agency, the Scottish Rights of Way and Access Society and the grand council of the clan MacDonald? Does Historic Scotland's refusal to grant permission show that it is about as responsive to the people of Scotland as Marie Antoinette was to the French peasantry?
We must be careful, as the case is sub judice.
It is indeed sub judice at the moment. I know that the member has strong views on the matter, as many others do. I say in response to him only that an independent reporter also came out against granting scheduled monument consent—Historic Scotland did not make that decision; the reporter did. Ministers acted on the reporter's advice.
Aquaculture
To ask the Scottish Executive when it last met representatives of the aquaculture industry and what matters were discussed. (S1O-6468)
The Scottish Executive meets regularly with representatives of the aquaculture industry to discuss a wide range of issues. The last meeting took place on Monday, when the working group, which I chair, discussed the strategic framework for aquaculture.
I understand that the minister plans to publish the framework document in March. Will he confirm that he is looking at two specific areas, namely, a one-stop-shop approach for the industry for making applications and the need to bear down on costs as a result of the incredibly intense competitive pressures that exist, given the nature of salmon farming at the moment?
I confirm that both matters will be the subject of future consideration by the industry, the regulators and all the public bodies that are associated with it. On Monday, the working group agreed that in developing the framework, the issue of a one-stop shop should be revisited in around two years, after the transfer of planning powers to local authorities has been implemented. We are also in the process of developing research into costs to the industry and comparing costs and regulatory and other burdens with those in competitor countries.
Does the minister agree that, in the document in question, the time scales for the revision of locational guidelines are unacceptably long?
The strategic working group considered time scales, to which we are making a number of amendments. The locational guidelines are reviewed approximately every 18 months and have recently been reviewed. In the circumstances, I do not consider an 18-month time scale for further review to be unreasonable.
Does the minister recall that last year, the Danes caught 1.5 million tonnes in their pernicious industrial fishery and that a significant part of that catch was for the preparation of food for aquaculture? While I recognise that the feed sustainability study is already under way, will he tell us what progress is being made to develop alternative supplies of food so that white fish in the North sea do not starve and neither do our farmed fish?
We debated that matter at the most recent meeting of the Transport and the Environment Committee. It is critical that the sustainability of feed stocks for acquaculture expands as we hope it will. The problem with the science to date is that scientists have been unable to replicate the omega oils that make salmon in particular so nutritious. Research and development is under way at a global level to address such problems so that sustainable feed stocks from renewable sources can replace the wild stocks that are currently used.
Access Routes
To ask the Scottish Executive what action it will take to maintain access routes in the light of any concerns of landowners in relation to liability for such routes. (S1O-6494)
We have always made it clear that the liability of landowners will not increase as a result of part 1 of the Land Reform (Scotland) Bill, and the bill makes specific provision to that effect. The bill also places a clear duty on local authorities to protect and keep open access routes.
I thank the minister for his clear reply. Will he give an undertaking that the access code will give out the clear message that visitors to the countryside are largely responsible for their own safety?
We would expect Scottish Natural Heritage and the access forum to finalise a draft of the Scottish outdoor access code and issue it for consultation as soon as possible after the bill receives royal assent. I would expect to see such guidance contained in the draft code. Under the Occupiers' Liability (Scotland) Act 1960, it is clear that, in all circumstances, the occupier of land has a duty to take such care as is reasonable so that any person who enters the land should not suffer injury as a consequence of doing so. The Land Reform (Scotland) Bill does not alter that basic duty of care.
Is it not the case that walking is one of the main motivators behind tourism in the countryside? Will the minister therefore give a commitment that, in the implementation of the legislation, he will not tolerate any shilly-shallying on the part of recalcitrant landowners or local authorities that are unwilling to exercise their responsibilities?
On the latter point, where a landowner acts or fails to act with the purpose of preventing or deterring access, a local authority will—as Alasdair Morgan knows—have powers to require remedial action to be taken. If necessary, local authorities can take that action themselves, and ministers will certainly encourage local authorities so to do. The new provisions on access give people a great opportunity to participate in outdoor recreational pursuits. That will be good for individuals, good for the country and good for our tourism potential.
Will the minister confirm that the issue of landowners' liability was discussed extensively during stage 2 consideration of the Land Reform (Scotland) Bill? Does he agree that good landowners have nothing to fear from either that aspect of part 1 of the bill or from any other matter contained in part 1?
Absolutely. Section 5(2) provides that part 1 of the bill—or its operation—will not affect the duty of care owed by an occupier to any person present on the land. We introduced that provision largely at the instigation of land-owning interests. No reasonable landowner has anything to fear from the legislation.
Some of the problems being alluded to in respect of landowners are exactly those that were foreseen by some members when we discussed the Land Reform (Scotland) Bill. Does the minister agree that the best way forward is to encourage local authorities to establish core path networks very quickly? Will the Executive ensure that funding is available to local authorities to progress that work as quickly as possible?
I sincerely hope that Murdo Fraser is not encouraging landowners to take measures to avoid their access duties and obligations. As he knows, we have provided additional resources to local authorities to enable them to extend the core path networks so that more people can enjoy the benefits of the countryside. We will continue to do that in the years and months to come.
Olympic Bid
To ask the Scottish Executive what discussions it has had with Her Majesty's Government about an Olympic bid and distributing planned events around the United Kingdom. (S1O-6495)
The possible bid by London for the 2012 Olympic games was raised at the UK sports cabinet meeting on 8 January. However, the discussions were general and did not focus on whether elements of the games could be dispersed around the country, although I believe that that could be a possibility.
I know that, technically, London is applying, but it is a UK bid. Although Scotland sometimes seems a bit far away from London, during Sydney 2000, the Olympic football tournament was spread around Brisbane, Adelaide, Melbourne and Canberra. Can the minister assure me that, in the event of London bidding successfully for the 2012 games, the Executive will enter into discussions with the Government and the bid organisers on the distribution of football or other events around the UK and on how to exploit the potential tourism benefits for Scotland? Does she agree that we need to be in on the ground floor in those negotiations?
I am hesitant to make commitments for future members of the Scottish Executive, but should the bid be made and be successful, Scotland certainly could bid for elements of the competition. As Ian Jenkins suggests, football would certainly be one such event as it could be dispersed around the country to utilise our many excellent stadia. We could also consider the provision of training facilities. There are certainly possibilities for Scotland to be involved, although in the unlikely event of Scotland being an independent country by 2012, we might have less success in making such a bid.
The London bid, if it goes ahead, will of course be a British bid. Given that circumstance and the fact that the majority of members of the Parliament believe in Britain, does the minister agree that facilities such as the rowing centre in Strathclyde park, football stadia and the basketball stadium at Braehead would offer great opportunities to spread involvement to the rest of Britain? Does she also agree that we should take every opportunity to improve our communications with and our role in the bid?
At the moment, the bid is predominantly the responsibility of Westminster, the Department for Culture, Media and Sport and the Greater London Authority, as London would be the main beneficiary of the Olympic games. However, as members know, we have some excellent facilities in Scotland, and I believe that Scotland should be looking to maximise the benefits to the Scottish economy of the dispersal of a number of the events throughout the UK.
Schools (Healthy Living)
To ask the Scottish Executive how it will promote healthy living in schools. (S1O-6478)
Healthy eating and physical activity are two main strands of the Executive's new approach to health improvement. The nutritional standards for school meals, which were announced on 19 February, aim to promote healthy eating. We want every school to become a health-promoting school by 2007.
I welcome the moves to improve nutritional standards in school meals for all our children. However, there are concerns about ensuring that children from the poorest backgrounds take up their entitlements and eat the meals. What can be done to ensure that that becomes a reality for all children in Scotland?
I recognise the needs of children and young people from the most disadvantaged backgrounds and from low-income families. It is important that we ensure that those who are entitled to free school meals are able to take up the opportunity without the fear of stigma. We have weighted the distribution of the money that is given to local authorities to ensure that the authorities with the highest rate of free school meal entitlement have an amount of money that will enable them to organise some campaigning on take-up.
I heard what the minister said about physical activity. Does she agree that the provision throughout Scotland of swimming as part of the curriculum in primary schools would be an enormous step towards healthy living? If so, can she explain why it has taken nearly two years to complete the audit of swimming provision that was first announced by her colleague, Nicol Stephen, in May 2001?
The member will be aware not only that Nicol Stephen has been examining the issue over a period of time, but that he answered a question on the subject in the chamber last week. He made it clear that he is continuing to take action on the matter.
Is the minister aware of the evidence that was given to the Parliament by the Child Poverty Action Group as part of the free school meals campaign, which illustrated that 100,000 children in Scotland live in families of the working poor and are, therefore, excluded from free school meals? Does she agree that the take-up of free school meals could easily be improved by allowing the working families tax credit to be a qualification for free school meals and that that is the responsibility of the Scottish Parliament? Will she make the decision to increase the number of children who qualify for free school meals by making the working families tax credit a gateway to free school meals?
If Mr Sheridan was keeping up to date with changes in the benefits system, he would know that changes are due to be made in relation to the children's tax credits, which will have an impact on the qualification level for free school meals.
Executive Agencies and Non-departmental Public Bodies (Relocation)
To ask the Scottish Executive what factors will be taken into account in forthcoming decisions on the relocation of staff and offices of executive agencies and non-departmental public bodies. (S1O-6460)
Relocation decisions are based on a range of factors. Those include costs, the quality and efficiency of service, economic factors such as unemployment and other indicators of deprivation, the availability and suitability of staff, transport issues, environmental considerations, the position of staff and the individual requirements of the organisation concerned.
Does the minister accept the fact that, as yet, the relocation programme has not made a significant impact in ensuring that more of Scotland's communities share in the economic and social benefits? Glasgow has almost 20 civil service jobs per thousand and Edinburgh has 28 per thousand, while Tayside has only 9 per thousand. Does he agree that distributing civil service jobs away from the central belt and the cities of Glasgow and Edinburgh to cities such as Dundee, would save the country hundreds of thousands of pounds of taxpayers' money every year in the cost of office space and car parking? Has the Executive any plans to conduct a full cost-benefit analysis of the possible savings to be made in future relocations to ensure that they secure value for money?
The Executive is doing that. Six hundred posts have been, or are planned to be, transferred out of Edinburgh. The relocations include the good work that Kate Maclean has done in Dundee with regard to the Scottish Commission for the Regulation of Care. Work has been done elsewhere in the country on moving jobs out of Edinburgh. Fifteen Executive organisations are under review for relocation. The Executive is focused on the issue of relocation, which, unlike the Scottish National Party's policy of dislocation, is a successful policy. Unlike the SNP, we believe that Scotland should benefit from the policy of relocation.
Given that it might be the natural wish of many of the employees of the relevant bodies and agencies to be as far away from here as possible, and that Inverclyde compares favourably with Dundee in relation to fresh sea air and panoramic views, and having regard to job losses that the Inverclyde area has suffered, will the minister confirm that he will seriously consider, when allocating or relocating jobs, the parts of Scotland that merit specific attention?
All parts of Scotland are under consideration, for different and valid reasons. For example, the Executive has changed its policy on the relocation of small units because a small, strategic investment by the Executive in remote rural communities can make a big impact. That is why the Executive continues to develop its relocation policy, which is delivering for all Scotland and which will be a success. As I said, 15 organisations are under review and we hope to report on those soon.
Is the minister aware of the partnership approach that is being adopted by the Ayrshire economic forum in its bid for Common Services Agency jobs? When will a decision be made on the CSA relocation?
I congratulate Irene Oldfather on her hard constituency work on relocation issues. I get copies of the Irvine Times and The Irvine Herald and Kilwinning Chronicle, and I know of the work that is being done on relocation in the areas that those newspapers serve. As I said, 15 organisations are being considered. My recollection is that the decision on the CSA relocation will be announced before the end of March this year.
When will the Executive announce the relocation out of Edinburgh of Scottish Natural Heritage? The decision on that has been long delayed, even according to the Executive's timetable. Does the minister agree that, according to the criteria that he just detailed, there could be no better location for SNH than Battleby, just north of Perth?
Other people have advised me of better locations. It is clear that the Executive must decide on the best location based on the criteria that I indicated. However, the key fact is that we have a real, big commitment to relocation. We have relocated 650 posts and 15 organisations are under review. I suggest that that shows that the Executive is strongly committed to ensuring that all Scotland benefits from our relocation policy.
Social Inclusion Partnerships
To ask the Scottish Executive how social inclusion partnerships are contributing to closing the opportunity gap. (S1O-6471)
We support a range of activities through the SIP programme that contributes to closing the opportunity gap for both urban and rural communities.
I thank the minister for her answer. Does she agree that SIPs have empowered communities and allowed them to set their own priorities, which they understand better than anyone else? Will she join me in condemning the SNP policy of breaking up the social inclusion model, which would put back community involvement and empowerment by many years?
I am happy to join Tom McCabe in condemning the SNP generally; specifically, I think that the SNP's position on SIPs is insulting, patronising and superficial. We have learned easily from SIPs, which have made a significant contribution to developing local facilities and giving local communities a voice. We want to enhance that voice and increase the influence of local communities. Community empowerment is at the heart of our strategy for regeneration and we believe that that is what will answer the problems in Scotland's communities.
I will not ask the minister to condemn anybody, but I will ask her about concerns over an organisation that is involved in the social inclusion area. My question is about recent events at the Paisley Partnership Regeneration Company and the departure of the chief executive, who was given a golden handshake of £22,000 of public money in return for being silent about what happened inside the company. Will she carry out a full investigation into the use of public money in that company?
I assure Alex Neil and every member of the Scottish Parliament that any concern about a social inclusion partnership or a related area would always be a concern for the Executive. We have in place robust procedures across the SIP programme to ensure that concerns are properly investigated.
I have written to the minister and had discussions with her about an expansion of the north Ayr SIP. Will she be able to consider the much-needed inclusion of the Wallacetown area in that partnership?
As I said earlier, we are committed to establishing and advancing the SIP programme. Part of the reason for the exercise that we have undergone through the community regeneration statement is to ensure that we devolve power to the local level. It is clear to us that it is inappropriate that civil servants in Edinburgh make decisions about local areas. We are empowering the local community planning partnerships and, through them, the local SIPs to determine boundaries themselves. We will devise certain criteria in that regard, however. One will be that the SIP must be targeted on deprivation and another will be that community empowerment must be at the heart of the strategy. Unlike the SNP, we will ensure that that happens. If Mr Scott's suggestion can meet those criteria, I am sure we can solve his problems.
Voluntary Sector Support (Guidance)
To ask the Scottish Executive what guidance it gives to local authorities and national health service boards on supporting the voluntary sector. (S1O-6464)
The Scottish compact provides the framework for the Scottish Executive, its agencies and non-departmental public bodies, including national health service boards, to work with the voluntary sector. Similar guidance has been endorsed by the Convention of Scottish Local Authorities for use in local authorities.
Is the minister aware of the threatened cuts to the carelinkline service, which is run by the National Schizophrenic Fellowship in Aberdeen? Is she concerned about the lack of a local compact between the NHS in the north-east and the voluntary sector? Is she aware that Voluntary Health Scotland is also concerned that the local compacts are not in place between NHS organisations and the voluntary sector? What steps does she plan to take in that regard?
I am sure that Brian Adam is aware of the energy that the Executive has committed to ensuring strategic relationships between the voluntary sector and the key partnership agencies. The compact is part of that. He will also know that we strongly encourage local compacts and think that that kind of engagement is the answer to many of the problems that he is referring to. I encourage those key agencies to ensure that they develop those approaches.
Is the Scottish Executive clear that its contract renewals with voluntary organisations are not so close to the end of existing contracts that the staff of the organisations have to be given redundancy notices? Does the minister agree that the decision in April of SNP-led Clackmannanshire Council to postpone until last week a decision on the renewal of certain voluntary organisations' funding, causing redundancy notices to have to be issued, was unacceptable? What steps will the Scottish Executive take to ensure the agreement of local authorities that that sort of discontinuity of funding should be ended?
An interesting theme is emerging this afternoon: the failure of the SNP.
I pay tribute to the Scottish Executive for building up the infrastructure at the national level. However, does the minister share the concerns of the Social Justice Committee about the extent to which three-year core funding and other more stable support have operated in practice at the key level of local voluntary groups where the services are mostly delivered? Does she have any suggestions as to how the Executive might be able to influence positively the position of councils and health boards on those matters?
That is what the review will address. It will address public sector funding to the voluntary sector and examine the scope for improving the availability, effectiveness and sustainability of that funding.
Delayed Discharge
To ask the Scottish Executive what progress has been made in reducing delayed discharges from hospitals. (S1O-6490)
The latest figures available from the October 2002 census show a decrease of 11 per cent from the previous October.
Will the minister acknowledge that it is imperative that there are enough nursing home places to meet the needs of patients who do not need to remain in hospital beds? The minister will be aware of the concerns that I have raised on behalf of residents, relatives of residents and staff of Cockenzie House nursing home and other private nursing homes in my constituency. What steps can the Executive take to assure people about the security of the care that is provided for frail, elderly patients? Can he comment on the threats that are reported to have been made by the organisation Scottish Care?
We have put £20 million, which will go up to £30 million, into addressing the central issue of delayed discharge. That has resulted in the welcome 11 per cent reduction that I indicated.
Does the minister share my concern about the impact that the failure to have an agreement with the private care home sector will mean for patients who suffer delayed discharge? What more will he do to try to resolve that dispute? The dispute will harm patients and is not good for anybody.
I remind members that Scottish Care signed up to the tripartite agreement, which I ask Shona Robison to read. The agreement was to be over two years, including the real-terms increase to which we have committed. That meets the national review group obligations. The second issue is capacity planning, which the voluntary and independent care home sector needs to address with COSLA.
National Health Service<br />(Treatment in Other Countries)
To ask the Scottish Executive what its estimate is of the number of national health service patients who will receive treatment in other countries. (S1O-6474)
We expect NHS boards and trusts to meet the waiting-time guarantees that the First Minister announced last week, with the vast majority of patients being treated by NHS Scotland. There may be a few occasions where a local health system is unable to provide treatment within the guaranteed period. In such cases, the patients will be offered treatment elsewhere in the NHS, in the private sector in Scotland or England, or, in very exceptional circumstances, overseas.
It is perhaps understandable that some patients would be willing to travel abroad for treatment rather than suffer excessive waiting times in this country. Will the minister take more urgent action to reduce waiting times so that patients do not have to travel abroad at all? Is it not a sad indictment of our national health service, which used to be the envy of the world, that it is now so inadequate that it is reduced to exporting patients to other countries?
As I said, patients would be treated in other countries only in exceptional circumstances. The important thing that the First Minister said last week was that patients will get the operation that they need and will get it on time. That was a significant step forward.
Roads Review
To ask the Scottish Executive when it will publish the results of its roads review. (S1O-6496)
We are currently reviewing a range of route action plans in order to consider which outstanding minor improvement schemes might be brought forward into the trunk roads programme. I hope to announce the outcome of that review in the near future.
I know that the minister is aware of the tragic death of a cyclist last month on the A68 in Dalkeith. Can he assure me that the roads review will take account of the high accident rate and of the inadequacy of quality standards in Dalkeith? Given that £4.5 million of public money has already been spent on buying and preparing land, is it not about time that the Executive pressed ahead with the Dalkeith bypass, removing what even the Executive reporter concedes is in effect a cap on economic development in Midlothian?
I am aware of the reporter's findings, which were recently made known to Midlothian Council with respect to its local plan. The member has indeed already raised with me the tragic death of a cyclist on the A68. I assure her that when we determine our priorities for the trunk road network, we will continue to put both road safety and economic development very high on our list of considerations.
When will the minister recognise the vital need to upgrade the A77 south of Ayr? It is more of a killer road than the stretch of the A77 between Malletsheugh and Fenwick, which has now been upgraded to motorway status.
As the member is aware, we have made substantial investments in the M77, in the northern part of the route, and we are carrying forward plans in relation to both the A75 and the A77, in consultation with the north channel partnership, which has an interest in those trunk roads serving Stranraer and the south-west.
Will the Deputy Minister for Enterprise, Transport and Lifelong Learning do all that he can to encourage the First Minister, during his welcome visit to Stranraer tomorrow, to announce that the Scottish Executive will bring forward the start dates for the much-needed projects on the A77 and the A75 that have already been identified by the Executive?
Watch this space.
All of us in the far north are very grateful for the money that is to be spent on the A9 at the Ord of Caithness. In passing, I urge the minister to go for the red option, on safety reasons, rather than the yellow or blue options. That said, what additional plans does he have to address other sections of the A9, such as the Cambusavie bends or some of the bends to the north of the Ord of Caithness?
As the A9 is one of our major trunk routes, it is subject to the route action plan process. Although the yellow route of Helmsdale might have appealed to some as a sensible compromise, I am interested in Jamie Stone's conversion to the red route, and will take that into account in considering all the responses.
Rail Services (Bathgate to Airdrie)
To ask the Scottish Executive when it anticipates work will commence to reinstate the rail line from Bathgate to Airdrie. (S1O-6480)
We have announced funding of an engineering study to consider requirements for the reopening of the line and to provide a timetable for delivery, which will allow work to commence. I expect development work to be completed by spring next year.
Does the minister agree that the effects of reopening the Bathgate to Airdrie rail line will include economic benefits to West Lothian and North Lanarkshire similar to those that were demonstrated in West Lothian when the Bathgate to Edinburgh line was reopened back in the 1980s? Is he also aware that the whole community of West Lothian—with the exception of the Scottish National Party, which seeks to cast doubt on the Executive's commitment to the project—welcomes the Executive's recent announcement?
I assure Bristow Muldoon that the economic benefits that an Airdrie to Bathgate line can deliver are among the factors that have persuaded the Executive to make the commitment that it has made to that route. I join the member in encouraging all those who have the interests of communities in West Lothian at heart to welcome and support the commitment that the Executive has made.
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