SCOTTISH EXECUTIVE
Schools (Milk)
To ask the Scottish Executive what the estimated cost would be of providing milk to every nursery and primary school child. (S1O-5378)
The Scottish Executive estimates that the annual cost of providing milk to every child in the categories suggested in the question would be approximately £7.5 million per year.
Many experts say that many problems are associated with milk intake, particularly for children who have allergies. Evidence shows that dehydration can make children sluggish and that water is less problematic than milk. Will the minister consider the recommendation of the expert panel on school meals to make available free fresh, chilled drinking water in the dining room and to provide children with access to water throughout the day?
That is one of the important recommendations that were made by the expert panel on school meals. The panel's interim report was made available to members of the Scottish Parliament this week and a consultation on the panel's recommendations will take place during the summer. Ministers want to present their response to the proposals as quickly as possible.
Does the minister accept that the cost of £7.5 million to the Executive is as nothing compared with the savings that will be made because of the huge health gains that will be achieved by issuing free fruit, free milk and free water to children? If the Executive is seriously considering such a step, why does it not go the whole hog and introduce free school meals, which would make an invaluable contribution to the health of the nation and save the national health service millions of pounds in the future?
There are health gains to be made in relation to the quality and quantity of food that is provided in our schools. That is partly why ministers asked for the expert panel to be established and it is partly why we take its recommendations so seriously. It is important to emphasise that the expert panel does not recommend free school meals; it recommends the targeting of our resources to make the most effective impact, especially on children from the most disadvantaged backgrounds.
Child Prostitution
To ask the Scottish Executive what action is being taken to protect children at risk of abuse through prostitution. (S1O-5392)
The abuse of children through prostitution is often a hidden problem. We need to raise awareness of the issue. At present, the needs of those children will often be considered through the children's hearings system. We have established a working group to consider support for children, guidance for professionals and effective early intervention to prevent abuse and exploitation.
I thank the minister for her response and know that she will welcome to the Parliament pupils, staff and parents from St Margaret's Primary School in my constituency.
I join Scott Barrie in welcoming all the children and parents who are here today. I am always delighted to welcome young people to the Parliament.
Is the minister aware of the practical elimination of child prostitution in respect of girls that resulted from the establishment of a tolerance zone in Edinburgh? If I am successful in lodging an amendment to the Civic Government (Scotland) Act 1982, to allow local authorities to do legally what Edinburgh did successfully but informally, will the minister look kindly on that measure?
I would be interested to hear more about Margo MacDonald's proposals, as, I am sure, would the working group. I want to make it absolutely clear that I have no tolerance for child prostitution and no tolerance for the adults who try to lure vulnerable young people into that kind of situation. We need to take very hard action on anyone who does that.
I am heartened by what the minister has said. Will she pledge to increase police patrols of streets and parks so that more police are available to look out for those children? Will she also be mindful of the language she uses? Those children should not be called child prostitutes; they are abused children. The men who abuse them are not clients, as in the case of adult prostitution, but low-down paedophiles.
I hope that the language I have used today gave that reassurance, but for the avoidance of doubt I will repeat what I said. The people who use child prostitutes are child abusers and the children who are involved in those situations are victims. We should take the appropriate action to avoid young people being lured into that situation. We should also support them when they are so lured and take very, very strong action to deal with those who abuse young people in that way.
Nursery Education (Qualified Teachers)
To ask the Scottish Executive whether it will comment on the appropriateness of its recent guidance on nursery education, which states that pre-school centres are no longer required to include a qualified nursery teacher on the staff register. (S1O-5399)
The Executive recognises that significant changes have occurred in recent years in the way early education is managed and resourced. The guidance was drawn up to reflect those changes and the need for flexibility, taking account of the skills of all staff involved in meeting children's needs. Trained teachers will continue to play a vital part in early education as part of a broader team.
I thank the minister for her reference to the team nature of nursery education. Will she advise the chamber of the current position in negotiations on the career and pay structure of nursery nurses?
Margaret Jamieson takes a keen interest in this issue and is aware that, as the pay and conditions of nursery nurses remain the responsibility of employers, the Executive cannot intervene directly in negotiations. That said, I met Unison in February and wrote subsequently to the Convention of Scottish Local Authorities to set out the Executive's commitment to the early years work force. I understand that, following a meeting of the Scottish joint council on 7 June, Unison agreed to participate in the short-term working party that has been set up to consider these issues. That development is welcome.
What is the evidence or research on which the Executive based its proposals to remove the requirement for the inclusion of nursery teachers in pre-school centres. Will the minister set out the consultation process that took place in advance of the decision?
The member should be aware of the extensive consultation that took place around the issuing of the guidance. It is important to recognise that pre-five education has changed considerably. The schools code, which set the ratio of one nursery teacher for every 20 nursery pupils, was established in the year of my birth. There have been significant improvements since that time. Indeed, nursery and pre-five education has changed in the past few years.
Given the importance of pre-school years for children's learning, will the minister give an assurance that existing quality assurance procedures, in which Her Majesty's inspectors of schools go into nursery schools, will continue to be used in future inspections?
I am pleased to reassure Rhona Brankin that the role of Her Majesty's Inspectorate of Education in this respect will not diminish. Indeed, under the Regulation of Care (Scotland) Act 2001, HMIE has a very clear role in collaborating with the Care Commission to inspect the pre-school sector. A recently published report has shown how well that sector is delivering for children and young people. I want to record the fact that that is the result of our political commitment to invest resources in the pre-five sector. I should add that we have also delivered a nursery place for every three and four-year-old.
Special Educational Needs
To ask the Scottish Executive what progress has been made with the mainstreaming of children and young people with special educational needs under the Standards in Scotland's Schools etc Act 2000. (S1O-5397)
On 5 April 2002, the Scottish Executive issued guidance to inform education authorities that the legislation on mainstreaming children and young people with special educational needs will come into effect from 1 August 2003. As a result, authorities are expected to be planning now to ensure that they are in a position to implement the terms of the legislation from that date.
Is the minister aware that some families of children and young people with special educational needs have expressed concerns about the difficulties of securing appropriately supported mainstream places? Will she confirm the Scottish Executive's support for this important aspect of social justice and equality? Furthermore, will she outline how the process is being monitored and the steps that are being taken to ensure that the experience of young people with special educational needs and their families is being recorded and addressed?
It is important to recognise that we are concerned with a child's best interests. Not only will we continue to support that very important principle, we are examining the resources that are required to back it up. As Johann Lamont is aware, our current practice is to monitor that process and to ensure that each young person's needs are appropriately assessed. We also want to consider future legislation to make changes to the record of needs. That will make it easier for young people and their families to receive the correct packages of support and to have them implemented in the mainstream setting.
What contact has the minister had with parents who have found it extremely difficult to establish records of needs with local authority education departments? What special steps does she intend to take about the early identification of dyslexia in young children?
I have already answered Phil Gallie's first question about our plans to improve the position of young people with additional support needs. We are in the process of consulting various authorities and relevant interest groups on how best to take that forward. Dyslexia is a very important area in that respect. As we are identifying young people's needs earlier, it is important to establish a package of measures that allows the correct support mechanisms to be put in place. I recently spoke on the issue at a conference. I am happy to provide Mr Gallie with further information on how we propose to develop our approach.
The minister is aware that, with the commencement of these provisions under the Standards in Scotland's Schools etc Act 2000, the presumption that children with special needs will attend their local school will fall in their favour, except in special circumstances. Given that local authorities are already finding education budgets strained, will she reconsider allocating central funding to children with special needs to ensure that that money is rucksacked? In that way, the money will follow the child to whichever local authority is responsible for the school they attend, thus ensuring service delivery. Just now, children are facing particular obstacles because of financing. The minister will remember that I have asked this question before.
I know that Christine Grahame has already mentioned rucksacking—or, to put it another way, ring fencing money for particular children. I have made it clear to her that local authorities should have the option of taking children's particular needs into account and developing the most suitable local services. As the member is aware, that issue is important in rural areas.
Means Warrants (Strathclyde)
To ask the Scottish Executive what steps it will take to assist the chief constable of Strathclyde police force in reducing the outstanding numbers of means warrants. (S1O-5359)
The chief constable of Strathclyde Police has not indicated to the Executive that his force is in need of any such assistance. Although the execution of warrants is a matter for chief constables, we are always prepared to discuss ways of improving the administration of justice.
The issue of 25,920 unpaid fines is obviously of concern. Will the minister consider an approach to the appropriate agencies to enable fines to be deducted from salaries and benefits? Will he also consider increasing the custodial alternatives to more realistic levels?
Let me put this in perspective for members. Some 70 per cent of cases are fixed penalties and most will be actioned in due course. At present, the courts may apply to the Department for Work and Pensions to make a deduction from the personal allowance of a single claimant. Decisions on whether a fine should be repaid in that way are for that department to decide. Regarding the fine, the courts are required to take into account the circumstances of the individual. The number of outstanding fines has been reduced by 33 per cent in the sheriff courts and by 41 per cent in the district courts, and the number of fixed penalties has been reduced by 50 per cent. Therefore, this is a diminishing problem.
Methadone
To ask the Scottish Executive whether the methadone treatment programme for opiate addiction has been successful. (S1O-5374)
The benefits of prescribing methadone are well established in the research literature. They include improvements to the general health of drug misusers, who no longer inject illegal drugs; stabilisation of chaotic lifestyles, with consequent improvements to social and family life; and reduced criminal activity.
Although all those benefits are welcome, does the minister share my concern that very few of those who are on methadone eventually come off it? Is he aware that, for example, in Grampian there are 910 patients on supervised methadone and 228 who are receiving treatment at home and that, of those, in the current year only about 70 have been weaned off methadone or are receiving small doses? Does he think that the range of treatments that are available for opiate addiction is giving people enough opportunity to rid themselves of the addiction?
In some areas, some clinicians have a tendency to prescribe lower doses than are necessary to eliminate the cravings of drug addicts. It is important that stabilisation of the individual is achieved first; beyond that, it is important that we move people on. That is why, in Aberdeen the other day, we announced another £10 million from the new opportunities fund to provide education and skills training to move people on—and off addiction, which is undoubtedly the next step.
Does the minister agree that the methadone programme alone is not enough, that rehabilitation is the key and that we should be encouraging councils, voluntary organisations and others to support addicts through counselling and in their communities so that they can live a healthy life and engage in training and work?
The member is absolutely correct to say that rehabilitation is vital. Last night, I launched the Fife NHS addiction services in Kirkcaldy. What impressed me about those services is the degree to which they have integrated the methadone treatment to which Mr Adam referred and the rehabilitation to which Trish Godman referred. Only through partnership and by integrating the services will we achieve a return to normal life for addicts. Each service is crucial in playing its part.
In my previous job, as a pharmacist, I used to provide methadone support services to users. I can tell the minister that, quite simply, most people who go on to it do not come off. Can the minister tell us exactly what he and the health department have suggested should be researched, how that will be implemented and when it will be delivered? The problem has gone on for far too long.
The effective interventions unit in the health department, with which I work closely, is about to publish a study on the effectiveness of opiate services in Scotland. That study has been completed and will be published shortly. It comes on the back of a publication from Grampian—the region that the member represents—by the University of Aberdeen's health services research unit, which demonstrates the effectiveness of methadone as a stabilisation method. We are working on that.
Question number 7 has been withdrawn.
Occupational Health Services
To ask the Scottish Executive what work it is undertaking to improve occupational health services. (S1O-5387)
Starting in 2000-01, £500,000 a year has been set aside for three years to achieve the aims of the occupational health and safety strategy for NHS Scotland staff that is set out in "Towards a Safer Healthier Workplace". A system of peer audit and review is being established. That will help to benchmark service provision, promote good practice throughout the occupational health and safety community, and lead to improvement in occupational health and safety services across Scotland.
Will the minister assure me that the occupational health strategy will be about prevention and providing a positive service to staff who seek health assistance, and that it will not simply be a tool for managers to use in absence management procedures?
I am happy to give the member that assurance. We are committed to doubling the number of businesses that are participating in the Scotland's health at work scheme. We will focus particularly on small and medium enterprises, as small organisations are often less sensitive to dealing with the loss of staff through ill health. It is important that we support staff to get back to work, because the economic costs for individuals and the community of their not doing so are extensive. We are keen to move forward on this issue.
Police (Funding)
To ask the Scottish Executive what action is being taken to ensure adequate funding of the police service. (S1O-5363)
Funding for the Scottish police service is currently at record levels. The Executive is in regular dialogue with the Association of Chief Police Officers in Scotland about funding requirements.
Is the minister aware of the Edmund Davis blip and of the fact that police budgets are under increasing pressure because of the need to make pension payments? Does he recognise that pension payments will absorb the increase in central Government grant to the police from 2001-02 to 2003-04? Will the minister assure the chamber that the recruitment of new officers will keep pace with the increasing number of retirements? Is he prepared to review the central Government grant to the police, to ensure that they are able to invest in the service, instead of just funding pensions?
I am aware of what Mr Matheson calls the Edmund Davis blip—the increase in recruitment north and south of the border around 1974—and its implications for pensions. The matter is being considered as part of the current spending review. As the member is probably aware, both in this financial year and last year the Executive has provided local authorities with the sums that chief police officers have requested for policing. As a result, figures from the end of March this year showed that police numbers in Scotland were at record levels.
Does the minister agree that Central Scotland police should be commended for its high detection rates? In the Stirling area, the detection rate stands at 70 per cent, which is the highest in Scotland. Does the minister agree that Central Scotland police should also be commended for its partnership working with communities?
I take the opportunity to commend Central Scotland police in the chamber, just as I did in April at an event at the millennium wheel in Falkirk to mark the first anniversary of the launch of the safer central campaign. The efforts that Central Scotland police are making to engage with local communities are paying dividends. The same applies to the initiative that the chief constable of Central Scotland police has taken to recruit more special constables—not to substitute for, but to supplement the work that the police force is doing.
I want to ask about the efficiency of spending. Are chief constables controlling adequately the amount of time that police officers spend on court duty? Is there adequate provision for the deployment of police officers on the streets, particularly in community policing?
As Mr Brown indicates, the deployment of police officers is a matter for chief constables. However, a number of initiatives are under way. For example, the capital expenditure that is funding the first phase of development of new, centralised call-handling facilities is allowing police officers to be freed up to undertake front-line duties. The Criminal Justice (Scotland) Bill, which is currently before the Parliament, contains further measures that will assist in that regard. The bill would empower in a limited way civilian staff such as turnkeys and prison escorts, freeing up more police officers for front-line duties. I look forward greatly to the report on police visibility by Her Majesty's chief inspector of constabulary for Scotland, which will appear later this year.
Magistrates (ECHR Training)
To ask the Scottish Executive what training in European convention on human rights legal issues is provided to magistrates. (S1O-5354)
When the Human Rights Act 1998 was introduced, clerks of district courts received training materials from the Judicial Studies Board's ECHR working group and attended training events sponsored by the District Courts Association. In turn, justices of the peace have benefited from local ECHR training provided by clerks and from national training events sponsored by the District Courts Association. It is the responsibility of local authorities to fund and provide training to justices of the peace.
I thank the minister for his reply. However, does he agree that it is somewhat inappropriate that magistrates in district courts are forced to borrow law books from defence counsel when they make judgments, and that that is a corruption of our judicial system? Does he agree that we need magistrates who are properly trained in ECHR issues, particularly those that throw up so-called devolution issues?
I learned at a very early age, when I was a law student, that one should always treat legal text books with care and that, first and foremost, one should look at the publication date. I am sure that magistrates also know well enough to do that. I reiterate my point: training has been provided at both local and national levels and the Judicial Studies Board has produced materials on the ECHR. Those materials have been made available to clerks and passed on to justices.
Does the Deputy First Minister agree that those who framed the convention and the 1998 act sought to embed respect for rights and responsibilities in our constitution and throughout Europe, as part of a collective response to the Holocaust? Will he consider the necessity of rolling out the good practice that is already established within the Crown Office, the Procurator Fiscal Service and the district courts? That good practice recognises that victims have rights and responsibilities, and that accused persons also have rights and responsibilities, not least to the courts that they come before and the victims of the crimes in respect of which they appear.
I endorse Mr Fitzpatrick's comments. It is important that we remember that the ECHR was drawn up in 1950, in the aftermath of the Holocaust and Nazi tyranny and at a time when half of Europe was subject to communist tyranny. The convention embodies basic rights that protect the interests of both the accused and victims. Obviously, a balance between rights and responsibilities has been provided for under the convention and I entirely agree that it is a good bedrock on which our justice system can reflect, now that it has been incorporated into our domestic law.
Does the minister agree that Britain had a good human rights record before the convention was incorporated into our domestic law under the Scotland Act 1998? Would he like to offer an idea of the costs that are involved in training on ECHR issues?
I cannot give Mr Gallie the amount involved off the top of my head. Britain had, and has, a good human rights record, but that is no cause for complacency. The important point about the incorporation of the ECHR into our domestic law is that those rights have been brought home and can be enforced and accessed by people in their domestic courts. For example, one can go to Stirling sheriff court, rather than having to go to Strasbourg, to enforce those rights. I am sure that that saves, rather than incurs, expense. Those rights are no longer available only to those who could afford the expense and who could afford to wait.
Question 11 has been withdrawn.
Diet and Health (Children)
To ask the Scottish Executive what steps are being taken to improve the diet and health of children and young people from lower income families. (S1O-5393)
"Eating for Health: a Diet Action Plan for Scotland" prioritises children and inequalities. The plan is supported by actions from "Towards a Healthier Scotland" and "Our National Health: A plan for action, a plan for change". The health improvement fund also prioritises children's health and diet.
I thank the minister for her reply. Does she agree that, given the increasing centralisation of the major retail industries and the difficulty of accessing affordable, high-quality, local food, food co-operatives—such as that based in Dumbiedykes in my constituency, which is run by volunteers on a limited budget—provide a vital service? Will the minister consider supporting groups such as the Edinburgh community food initiative, which works with nine food co-operatives in Edinburgh to source locally grown and, where possible, organic products?
I am aware of the Dumbiedykes Food Co-op, and I commend the work that it does within that locality. We are always anxious to support the aim of making a wide range of foods available to as many people as possible. I suggest to Sarah Boyack that the co-operative should contact the Scottish diet project, to investigate whether the project could assist with sourcing locally produced and organic foods.
Is the minister aware that the publicly funded youth initiative, the Young Scot card, allows young people to use the card to get a free burger at McDonald's restaurants and discounts from other fast-food chains? Does the minister think that that is a sensible use of public funds? Will the minister investigate the policy adopted by Young Scot, given that the Health Education Board for Scotland sits on the board of the Young Scot initiative? Does the minister think that that Young Scot policy helps to promote healthy lifestyles for our young people?
I am aware that promoting healthy lifestyles to young people is not the easiest task. I was not aware that burgers were being offered on the Young Scot card. We would need to discuss that with the Young Scot initiative, because the issue is about ensuring not only that young people have a choice, but that they make the right choice. However, we need to do that in collaboration with young people and not just dictate to them.
Does the minister agree that improving the diet and health of children and young people from all family income groups, not just from lower income groups, is important? The issue crosses family incomes from the lower end to the top end, right across the piece.
Child health is a priority for the Executive. We are considering a number of measures to improve children's health—such as improving the health of new-born babies by initiating breast-feeding projects—so that patterns can be built that will benefit them throughout their lives.
Social Inclusion
I point out that question 13 is about social inclusion.
I was prepared to be guided by you, Presiding Officer, on whether I should declare a vested interest.
From the events of the past few days, I know that social inclusion is a concept that Margo MacDonald understands. However, the practice of social inclusion clearly causes problems for the leadership of the Scottish National Party.
Some of the targets—and outcomes—are admirable and I agree with them. However, I wonder whether the minister will take kindly a warning from me that many of those targets are being undermined by the inability of the national health service to deliver the support and throughcare that is required for many people with disabilities. For example, constituents of mine have found, as post-polio syndrome sufferers, that the new way of throughputting therapy in the new Edinburgh royal infirmary means that they do not have the on-going care that would allow them to take a full part in normal social activity, which they want to do.
The provision of physiotherapy services is something that the Minister for Health and Community Care takes seriously. There have been significant improvements in support structures across the NHS in Scotland since 1997, particularly since the creation of the Scottish Parliament in 1999. We will reflect on Ms MacDonald's comments, which fit closely with the Executive's determination to improve overall levels of health provision in Scotland.
Does the minister agree that it is desirable to have not only a policy on social inclusion, but accompanying openness, transparency and accountability? Is the minister aware that, following the discovery of an internal police report, the front page of the Edinburgh Evening News contains allegations to the effect that almost 50 per cent of certain crimes are not being recorded properly? Will the minister invite the Minister for Justice to make a full-scale, nationwide inquiry into the reporting of crime figures, if that reported practice has arisen—with regard to social inclusion?
A very prudent afterthought.
The member's last comment certainly helped to clarify matters.
Workers' Rights
To ask the Scottish Executive whether public sector workers' wages, conditions and pension rights will be fully protected under any private finance initiative or public-private partnership transfers to the private sector. (S1O-5388)
The rights of staff transferring from the public to the private sector in PFI or PPP schemes are protected by the Transfer of Undertakings (Protection of Employment) Regulations—TUPE—which stipulate that, in the event of a transfer of an undertaking, the employees transfer with their existing terms and conditions intact. The regulations are applied comprehensively in all PFI and PPP schemes in Scotland.
Does the minister accept that his answer is misleading? He knows that, under secondary transfers after the commencement of PPP and PFI projects, workers' wages, conditions and pension rights are not protected, which is why the organised trade union movement in this country is opposed to the idea. The fact is that low-paid workers are paying for the profits of the private financiers who are trying to privatise our public services.
What I will do is recognise the £2.8 billion of additional investment that has come to Scotland by way of PPP and PFI schemes and which has delivered 80 schools for 64,000 pupils and health services for thousands of people throughout the central belt of Scotland.
Will the minister confirm that he is making steady progress in his talks with the trade unions to ensure protections for all workers in relation to pension schemes, and that other public sector workers who work in non-private hospitals who had already been subject to a drop in their conditions will also benefit from the talks as the minister is working to ensure that pension schemes and other rights will be applicable to them?
That is the purpose of the talks. Best value means having a well-trained, well-motivated and well-paid work force. Our discussions with the STUC are aimed at delivering that. The matters are complex and we have made a lot of effort to try to seek a solution to the problems. We expect to report to the Parliament on the issue by autumn this year.
Will the minister accept that the private sector workers in the private prison in Kilmarnock have worse pension conditions than similar public sector workers have? Will the minister assure us that no change in the way in which public services are delivered will be based on reducing the quality of life of fairly low-paid employees?
As I said to Mr Sheridan, common practice in Scotland, which is reflected in guidance, is that pension schemes in the private sector should be broadly comparable with those in the public sector. In the discussions on the PPP and PFI schemes that I mentioned, I have to deal with the issue of the two-tier work force, which would include the matters raised by the member.
Does the minister agree that, by hammering workers' rights and conditions, the PPP projects have demotivated people in the public sector? Will he therefore undertake to consider the matter that Mr Sheridan asked about in order to ensure that public service workers are protected and motivated?
The research done by the Amicus trade union shows that many workers expressed the view that, under the changed arrangements, they are well-managed, well-motivated and well-paid. However, that is not always the case, which is why I am engaged in discussions with the STUC. To talk down these matters in the way that Andrew Wilson continues to do only does a disservice to Scottish public servants and, indeed, to his party.
Before we turn to First Minister's question time, I think that the Parliament would like to give a warm welcome to the First Minister and the Deputy First Minister of Northern Ireland, David Trimble and Mark Durkan, who are with us today. [Applause.] I would like to say how much the Presiding Officers and clerks of the three devolved institutions are looking forward to meeting in Belfast next week.
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HCI (Clydebank)