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Chamber and committees

Plenary, 23 Sep 2004

Meeting date: Thursday, September 23, 2004


Contents


Question Time


SCOTTISH EXECUTIVE


Environment and Rural Development


Fishing (Days at Sea)

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

To ask the Scottish Executive what the prospects are of an improved agreement being negotiated for next year from that secured at last year's European Union fishing negotiations, particularly in respect of the number of days at sea. (S2O-3312)

I regret to say that it is not possible at this stage to speculate on the prospects for the negotiations in advance of the official advice from the International Council for the Exploration of the Sea, which is expected by the end of October.

Mr Brocklebank:

I thank the minister for his answer. Can he tell us whether the two extra days at sea, which he announced as something of a triumph back in April, will be granted retrospectively given that the Council of Ministers, which must ratify those additional days, will not meet until mid-October? Can he offer any prospect of those days being released now to give hard-pressed Scottish fishermen a chance to use them before the year is out?

Ross Finnie:

As I understand it, there is every prospect that the extra days may not necessarily have to go to an agriculture and fisheries council. I am advised that it is possible, given the agreement that has been reached, that the matter could be treated as an A-point at any fisheries council meeting. I very much hope that that is the case.

I certainly did not announce the two extra days with any great triumph. We expressed great frustration that a matter that should certainly have been dealt with months ago was taking this length of time. As to whether the days will apply retrospectively, I would not wish to say that that will be the case. It was my understanding that the regulation as tabled would be retrospective. However, I am bound to say that, as always in such matters, I would wish to see the text that is published by the European Commission before confirming that position.

George Lyon (Argyll and Bute) (LD):

The minister will be aware that there is a strong and irrefutable case for an increase now in the west coast prawn fishing quota. Can he guarantee that that will be one of the priorities that he will pursue in the December talks at the fisheries council?

Ross Finnie:

I certainly agree with the member that the case for increased total allowable catches in certain areas, including the west coast nephrops area, is very strong. We have put that matter firmly to the Commission. It is our position, as always, that when firm scientific advice indicates that the evidence is such that we can argue for an increased quota, we will certainly so argue.


Single Farm Payment Scheme

To ask the Scottish Executive what training and advice it will give farmers and crofters ahead of the introduction of the single farm payment scheme so that they are fully informed of cross-compliance requirements. (S2O-3303)

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

The Executive will issue an advisory information leaflet on cross-compliance in mid-October to all farmers and crofters. That will be followed up by a series of regional meetings later in the year, which will be similar to the meetings that were held during the consultation period. The Executive, in consultation with industry stakeholders, will keep the need for further advice and training under review.

John Farquhar Munro:

I thank the minister for that helpful response. I am sure that the minister will know of the extreme concern that the Environment and Rural Development Committee expressed regarding the lack of available advice on cross-compliance measures. Crofters and farmers have raised fears with me that they will not know what is expected until the first farm inspections have been carried out. Does the minister agree that, until professional advice is given regarding the practicalities of how to comply with the new single farm payment, crofters and farmers should not have to incur penalties for non-compliance?

Ross Finnie:

I wholly agree with the thrust of what the member said. It is important that all crofters and farmers understand the regulations; indeed, that is why we have prepared the leaflet and are issuing it to them. I stress that the regional meetings to which I referred are being arranged in conjunction with NFU Scotland and the Scottish Crofting Foundation. I hope very much that we will not get to a position where crofters and farmers have to await the first inspection before they are fully apprised of the requirements under cross-compliance.

Alex Johnstone (North East Scotland) (Con):

Does the minister acknowledge that in this period of radical change for the farming and crofting industry it is inevitable that there will be an on-going requirement for advice and training to be made available? Does he acknowledge that there is already a strong body capable of providing that training in both the machinery rings of Scotland and the private sector?

Ross Finnie:

I certainly acknowledge Alex Johnstone's point that there are clearly a large number of changes. However, returning briefly to the issue raised by John Farquhar Munro, I am bound to say that although the assembly and detail of some of those regulations have changed, we should not give the impression that a raft of new regulations has been introduced; rather, there are one or two additions that are important in relation to the new single farm payment. A substantial body of the regulations are existing regulations. I take the point about the continuing need to keep crofters and farmers fully apprised of the details of the big changes that are taking place and I am well aware of the availability of external bodies to provide advice.


Sewerage and Water Services <br />(Scottish Borders)

To ask the Scottish Executive what measures are being taken to accelerate sewerage and water provision in the Scottish Borders in order that housing can be built. (S2O-3279)

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

As the member will be aware, a total of £1.8 billion is being invested in upgrading our water and waste water system. That represents a higher level of investment per household than that under way in England and Wales. In the current investment programme, some £200 million will provide positive benefits towards current constraints and a further £41 million is being allocated to deal with development constraints and first-time connection issues in rural areas.

Where development constraints exist, which I readily acknowledge, I expect Scottish Water, to which I have spoken, to work with all parties—local authorities, Communities Scotland and the Scottish Environment Protection Agency and its regulators—to identify practical solutions that will allow developments to proceed where possible.

Looking to the future, I recently commissioned a thorough and comprehensive assessment of the investment requirements for the industry. That work has informed my recent consultation, "Investing in Water Services 2006-2014" and I hope that all members and interested parties will participate fully in the consultation process.

Christine Grahame:

I thank the minister for that helpful answer. As he is aware, in Peebles, Lauder and elsewhere in the Borders, there has been a 40 per cent increase in applications for social housing and yet we cannot build because of water and sewerage problems. I refer the minister to his consultation paper where local authorities predicted that, up to 2014, they could accommodate 230,000 houses, but half of them cannot be built because of sewerage and water problems. I appreciate that the minister is making representations to Scottish Water, but the matter is of such urgency that Scottish Water needs strong political direction to—if I may use a dreadful pun—undo the blockage.

Ross Finnie:

We will forgive that pun on this occasion. I hope that Christine Grahame understands that there are two real problems here. Although local authorities have identified problems going forward to 2014, one of the difficulties is that when we were drawing up the major investment programme, sadly almost none of those consulted in 1999-2000 brought the issue of that kind of development constraint to the fore. Therefore a capital programme was designed principally to meet regulatory and statutory requirements. The programme is under way; we cannot suddenly turn capital programmes on or off. As the minister, I cannot suddenly decide that I am going to intervene and suggest that Scottish Water does not meet those regulatory requirements.

That said, I am well aware of the difficulties faced by a large number of communities throughout Scotland. I see John Swinney, poised like a coiled spring behind Christine Grahame, ready to leap to his feet. I hope that the member will understand that although I am putting pressure on Scottish Water, it is extraordinarily difficult to unwind fixed capital programmes; they are not easy to redirect. However, we are asking Scottish Water to take extremely seriously those development constraints where they occur throughout Scotland. I certainly recognise that it might not be possible to deal with the matter as quickly as one might wish.

It is important that everyone engages fully with the current consultation. I do not want the consequence of the current consultation to be a repetition of what is happening now, which is a consequence of the failures of the last consultation.

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

The minister knows that I have been working closely with the registered social landlords in the Borders, who have informed me that although there is no development constraint in Peebles, the work there requires network modelling, which is dependent on the proposals from the RSL in Peebles. However, there are certainly issues with Walkerburn, Fountainhall, Earlston and Ashkirk in my constituency, and the RSLs are looking for a confirmed and logical development programme. As the minister will be making the funding available, will he, with an eye to what he has just said about the next development round, be open to applications from providers other than Scottish Water Solutions Ltd—for example private companies or local authority direct labour organisations—to do the work under Scottish Water's direction?

Ross Finnie:

That will be an operational matter for Scottish Water, but let me be clear that the principal reason why Scottish Water entered into its arrangements with Scottish Water Solutions was that it discovered that it was seriously short of the expertise required to manage a programme of £1.8 billion and undertake a major building programme—I think that members might feel some sympathy with that predicament. Therefore, Scottish Water brought in a degree of expertise, but the fact that it is operating in conjunction with Scottish Water Solutions does not, and was never intended to, preclude the award of contracts to bodies other than Scottish Water Solutions, and Scottish Water made that clear. Other outside bodies, such as those Mr Purvis referred to, will certainly be able to participate in that process.

Dr Sylvia Jackson (Stirling) (Lab):

In my constituency, there is a significant development of affordable housing in Buchlyvie, but it appears that, rather late in the day, Scottish Water is asking for an additional £100,000 for extra work that is needed to the water and sewerage infrastructure. I am having great difficulty getting Scottish Water to come back to me and to move the situation forward. At the same time, Rural Stirling Housing Association Ltd will, I believe, lose Communities Scotland money. Will the minister help me to make progress?

I am disappointed that Dr Jackson has not had a timeous response from Scottish Water and will be glad to take that up. That is not acceptable. Anybody who deals with the public should respond timeously.


Landslides (Monitoring)

To ask the Scottish Executive what action it is taking to monitor the risk of, and prevent further, landslides. (S2O-3344)

I confirm that, following the recent landslides on the A85 and A9, the Minister for Transport acted swiftly to commission a study to identify areas of greatest potential risk on the trunk road network and to recommend mitigation measures.

George Lyon:

The minister will be aware that, in my constituency, the A83 was closed for three days because of landslides at the Rest and be Thankful and at Cairndow, which caused significant damage to the rural economy of Argyll and Bute. Will he persuade the Minister for Transport to take action in regard to the landslides on the A83 as well as those on the A85 and the A9?

Ross Finnie:

I confirm that the studies are intended to be comprehensive and that we are not focusing solely on the two areas where the particular problems arose in the recent heavy flooding, although we must examine them. The two studies will report back to the Minister for Transport and will give us a much better feel for the potential danger and the actions that need to be taken, not only on the A85 and A9, but on the road to which George Lyon refers.

Mr John Swinney (North Tayside) (SNP):

I welcome the initiative that the Minister for Transport has taken after his visit to my constituency, where there was a significant landslide on the A9. That was the second time in two years in which there was a major disruption to the transport routes to the north as a result of landslides following severe weather. Will the minister consider ensuring that the study that is being undertaken examines issues such as change of land use and other planning factors, particularly within agriculture and forestry, that might have an impact on the substantial land areas that adjoin some of the major trunk routes in Scotland to guarantee that thought and planning goes into any change of use that might have an impact on the stability of such land?

Ross Finnie:

I assure the member that the current study—the first of the two studies—will conduct a detailed review of the construct and of adjacent land, to consider whether, as he suggests, ramifications that arise from changes in land use might have affected the run-off and given rise to the conditions.

Murdo Fraser (Mid Scotland and Fife) (Con):

To be fair to the Executive, following the recent disruption to the A85 and the A9, BEAR Scotland moved swiftly to repair the damage. However, the same cannot be said for local roads in the same area, which are local authorities' responsibility. Some of those roads remain unrepaired. Perth and Kinross Council has told me that even with the Bellwin formula, it will still incur a bill of £250,000 to repair those roads. Will the Executive consider providing additional assistance to local authorities to fill that gap and to ensure that those roads are repaired more rapidly?

Ross Finnie:

The Bellwin scheme deals with exceptional circumstances that arise from a particular problem. I am sure that my friend the Minister for Finance and Public Services will confirm that each year's grant-aided expenditure settlement to a local authority provides for local road building and maintenance. It is for local authorities to decide their priorities within that allocation of expenditure.


Environmental Improvements (Urban Areas)

To ask the Scottish Executive what steps it is taking to improve the environment in urban areas. (S2O-3361)

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

We are committed to improving the environment in urban areas. A wide range of measures is in place to achieve our goal of building stronger communities. For example, we are working with local authorities and the Greenspace trusts to improve living spaces and provide access to recreation. In planning, the partnership agreement commits us to setting minimum standards for open space in new developments.

A range of initiatives that is funded by our new £104 million community regeneration fund will contribute to improving the environment in the most deprived 15 per cent of areas as identified in the Scottish index of deprivation.

We are working to improve the quality of urban rivers and are providing £230 million to local authorities in the current settlement through the strategic waste fund. We have set air quality objectives for local authorities in the air quality strategy.

The Antisocial Behaviour etc (Scotland) Act 2004 provides additional powers to tackle antisocial environmental behaviour, such as writing graffiti and littering. It also supports local authorities in dealing with noise nuisance.

Robert Brown:

In Glasgow, a key aspect of the environment—which the minister touched on—is the quality of the air that we breathe. Is he aware that some areas of Glasgow, such as the city centre and Byres Road areas, have concentrations of nitrogen dioxide that are well above the standards that are set out in the Executive's air quality strategy? In the Byres Road area, the figure has doubled over three years. That is linked to a worsening of respiratory conditions such as asthma and bronchitis. Does he know that Glasgow's air quality plan is predicted to reduce NO2 emissions by 20 per cent at best, as opposed to the 70 per cent that is required to meet the standards? How does the Scottish Executive intend to ensure that the air quality standards are met?

Ross Finnie:

I am aware of some of the problems to which the member refers, which include nitrogen dioxide and carbon monoxide. We are supporting local authorities, and Glasgow City Council in particular, through direct funding to deal with emission levels, and giving support to those by requiring the authorities to meet the minimum standards that are required by the MOT.

The Executive also provides grant support through the CleanUp and PowerShift initiatives towards the cost of cleaner technologies on a variety of emissions and types of re-engineering. Those grant schemes are available to local authorities.

I share Robert Brown's concern about the emissions levels in those parts of Glasgow. The programmes on which we are embarking are designed to improve levels, but I can but concede that more needs to be done. We will work in co-operation with all local authorities to improve the position.

Patrick Harvie (Glasgow) (Green):

The minister will be aware that Glasgow city centre is Scotland's biggest air quality management area because the source of pollution is road traffic. Given the Executive's projections that road traffic will increase dramatically in Glasgow, and its policy to accommodate that increase rather than reverse it, will the minister explain how air quality management areas will work to reduce air pollution in Glasgow? Is it not the case that improvements in technology will be insufficient to compensate for the increase in road traffic, and that air quality will therefore continue to deteriorate?

Ross Finnie:

I do not accept the basic proposition that we are committed to accommodating and adopting the growth in transport; indeed, the policy is, in fact, to bring about a levelling off in the total increase in motor traffic.

As I said to Robert Brown, there are current schemes that try to deal with vehicle emissions. They might not be having sufficient effect, but we are working closely with Glasgow City Council. Therefore, I do not accept the member's proposition. It is clear that we have programmes in place and that they are intended to achieve the improvements to which he refers.

Sarah Boyack (Edinburgh Central) (Lab):

Does the minister acknowledge the importance of tackling CO2 emissions in urban environments? What work is his department doing to ensure that the next review of building regulations by the Minister for Communities and the Deputy Minister for Communities will fully address improving energy efficiency by requiring the use of renewables technologies in all new Scottish buildings?

Ross Finnie:

The member will be aware that the Executive has already taken action to improve building standards and we will continue to keep the matter under review. We have greatly improved the thermal quality of buildings through changes in those standards and that will achieve many of the improvements to which Sarah Boyack refers. Clearly, the minister will keep under review any improvements that can be achieved, although, as I said, we have already amended the building regulations in that regard.


Health and Community Care


Smoking in Public Places (Research)

To ask the Scottish Executive what progress has been made on research it has commissioned to investigate the impact of a ban on smoking in public places. (S2O-3300)

The Deputy Minister for Health and Community Care (Mr Tom McCabe):

We have commissioned an international review of the health and economic impact of the regulation of smoking in public places, which is being carried out by the health economic research unit at the University of Aberdeen. The work is on schedule and will be published before the end of this year.

Irene Oldfather:

Will the minister give an assurance that any legislative action to ban smoking will be accompanied by a drive to provide support and assistance—including nicotine-replacement therapy—to those who do not want only to go outside a pub, but want to take the opportunity to give up smoking altogether?

Mr McCabe:

I give an absolute assurance that, as the First Minister and I have stated, we are determined to take action to reduce the impact that tobacco has on our society in Scotland. When we launched our tobacco action plan earlier this year, we also announced an increase to £7 million in the amount of money that will be available by 2005-06 for smoking cessation services.

Today at Murrayfield stadium, I launched new smoking cessation guidelines for the professionals who will deliver the services. The guidelines will not only allow better delivery of service but allow us to learn exactly what works in different communities in order to try to achieve maximum impact. We specifically held the launch at Murrayfield stadium because the Scottish Rugby Union has announced that the stadium bowl at Murrayfield will now be smoke free. It is great news that such an important organisation in Scotland is not only prepared to go with the flow of public opinion, but is prepared to listen to its customers, take their views into account and say that smoking in the stadium bowl is no longer acceptable.


National Health Service (Reorganisation)

To ask the Scottish Executive what recent discussions it has had with NHS boards regarding reorganisation of services. (S2O-3268)

The Minister for Health and Community Care (Malcolm Chisholm):

The Scottish Executive Health Department and I maintain regular contact with NHS boards on a wide range of issues, including the reorganisation of services. For example, officials have had recent meetings with Argyll and Clyde NHS Board and Greater Glasgow NHS Board in relation to cross-boundary planning of services, and I met NHS Lothian last week in relation to service changes in West Lothian.

Dennis Canavan:

Is the minister aware of the concern that existed in Forth valley for many years that there was too much dithering rather than decision making about the reorganisation of services? However, the current health board, after conducting a wide-ranging consultation process, has forwarded proposals to the Scottish Executive, including a proposal for the construction of a new state-of-the-art hospital at Larbert. Will the minister give us an absolute assurance that his statement to the Health Committee earlier this week will not lead to any postponement of the target date of 2009 for the opening of that new hospital, which the people of the Forth valley need at the earliest opportunity?

Malcolm Chisholm:

I give Dennis Canavan that guarantee. It illustrates the general point that I made to the Health Committee that we want developments to progress as quickly as possible. Nothing that I have said will in any way delay the important decisions that have been made, whether those concern a new hospital in Forth valley or the Stobhill and Victoria hospitals in Glasgow. I commend the Forth Valley NHS Board for the way in which it has planned the changes and for the way in which it has consulted the population.

Jackie Baillie (Dumbarton) (Lab):

I thank the minister for his comments on NHS Argyll and Clyde. I invite him to go one step further: will he insist that NHS Argyll and Clyde revise its clinical strategy to ensure that cross-boundary working—not just with Greater Glasgow NHS Board but with Ayrshire and Arran NHS Board—becomes a reality?

Malcolm Chisholm:

As I indicated in my substantive answer, we have been in discussion not just with NHS Argyll and Clyde but with NHS Greater Glasgow in order that the boards take more account of that issue. We should acknowledge that they have taken some account of that, but we realise that more needs to be done. We have been discussing the matter with the boards. It is being explored and it will continue to be explored over the next few weeks.

Mr Jamie Stone (Caithness, Sutherland and Easter Ross) (LD):

In relation to the possible downgrading of the consultant-led maternity service in Wick, to which I am bitterly opposed, the minister confirmed earlier this week that he would more or less shelve any proposals for the time being, unless the issue of clinical safety came up. Does the minister agree that medic-orientated clinical safety is not good enough, and that we have to consider safety in its widest sense, which includes the danger of pregnant mums getting caught in a snowdrift in Caithness, which could possibly lead to loss of life?

Malcolm Chisholm:

As I said to Jamie Stone at this week's meeting of the Health Committee, a broad view has to be taken in relation to clinical safety. We have to have an exemption over the winter. We cannot stop changes that are genuinely about clinical safety. However, as I said at the committee, we will consider the matter very carefully, and we will not just accept the word of health boards.

What discussions has the minister held recently with health boards with regard to the reorganisation of out-of-hours medical services?

Malcolm Chisholm:

I have discussed out-of-hours services on several occasions in the course of discussions with health boards. Formally, out-of-hours services do not come into the centre for my approval, but that does not mean that I do not take a great interest in what is happening in various parts of Scotland in that regard. A big national effort is being made around out-of-hours changes, and there is major national support for that. All the plans are considered in a national context, and we now have national standards, which were developed by NHS Quality Improvement Scotland, and which all boards in Scotland must meet.

Mr John Swinney (North Tayside) (SNP):

Does the Minister for Health and Community Care believe that, as a consequence of the reorganisation of health services, which has been going on in Tayside for a number of years, and which is now happening in the rest of the country, the Scottish Ambulance Service has sufficient resources to cope with the increased number of patient journeys that are taking place? What mechanisms does the minister have in place to guarantee that he can monitor the increase in demand on the Ambulance Service and the consequent increase of resources that is required to ensure that the public are given the support that they require?

Malcolm Chisholm:

As the First Minister said a couple of hours ago, major additional resources have been allocated to the Scottish Ambulance Service. As I indicated at a previous question time, I take a close interest in how that is working out on the ground. I wrote recently to the chair of the Scottish Ambulance Service in relation to single-crewed ambulances and the need to ensure that their use is diminished, and that they are used only in emergencies. I am keeping a careful eye on the operational aspects of the Ambulance Service as well as on its financial aspects.

Mr Duncan McNeil (Greenock and Inverclyde) (Lab):

I welcome the minister's emphasis on clinical safety. On the centralisation of consultant-led maternity services in the Argyll and Clyde NHS Board area, will the minister, in his discussions with the board, ask its members whether the number of women from Inverclyde giving birth to still-born babies is increasing or decreasing and whether the number of Inverclyde women giving birth by Caesarean section is increasing or decreasing?

Malcolm Chisholm:

I will write to the Health Committee about the effect of the changes, as I have already undertaken to do. In general terms, we have made it absolutely clear to health boards that they must monitor the effect of any changes. They will obviously wish to highlight improvements that have sprung from them, but they ought also to be aware of, and to point out, any problems that have been thrown up as a result.

I call Paul Martin. This will have to be the last supplementary question.

Paul Martin (Glasgow Springburn) (Lab):

Does the minister have any plans to reform how health boards consult local communities, and to give communities the opportunity to appeal to a court of law if they feel that a public consultation exercise has been merely cosmetic, as has been the case on a number of occasions throughout the Greater Glasgow NHS Board area?

Malcolm Chisholm:

Members will remember that we passed the National Health Service Reform (Scotland) Act 2004 before the summer recess. That act set up the Scottish Health Council, whose central role will be to examine how boards deal with public involvement, and it will be up to that body to tell me if a board has not consulted properly. That new body has been set up to do that, and other things relating to public involvement and patient-focused care. It will report to ministers if consultation has not been carried out properly, and ministers will then instruct boards to start again, if necessary, or to carry out further consultation.


Clinical Psychologists <br />(Children and Adolescents)

To ask the Scottish Executive what measures it will take to increase the number of clinical psychologists working in child and adolescent mental health teams. (S2O-3346)

The Deputy Minister for Health and Community Care (Mr Tom McCabe):

The Scottish Executive continues to build capacity within NHS Scotland across all staff groups, including clinical psychologists. A child and adolescent mental health work force group, chaired by Dr Graham Bryce, will report to us in 2005.

The number of whole-time-equivalent clinical psychologists working with children, young people and their families rose by eight in 2001-02—the most recent year for which figures are available—and that represents a 16 per cent increase. There is also an information and statistics division report, written in conjunction with NHS Education for Scotland, on the supply of the psychology work force, which is due to be published by the end of September.

Ms Byrne:

I am sure that the minister is aware that there are only 57 whole-time-equivalent clinical psychologists working in child and adolescent mental health teams in Scotland. Will he assure me that, in considering current gaps and future need, he will recognise the additional support needs of young people with mental health problems in our schools, and that he will ensure that there are sufficient resources to meet the requirements of the Education (Additional Support for Learning) (Scotland) Act 2004?

Mr McCabe:

As I said, we are determined to build capacity in the NHS across all groups, and that includes mental health services for young people. I have mentioned the reports that we are awaiting. We will be guided by those reports, which will help us to direct the significant amounts of additional resource that are being channelled towards the national health service and allow us to direct resources in those areas. Of course we are determined to build capacity and to address the gaps that undoubtedly exist, but I think that the Scottish Executive can demonstrate, by its past actions and by its future intentions, that it is serious about addressing those gaps.


Primary Care (Missed Appointments)

To ask the Scottish Executive what action it is taking to reduce the number of patients who do not attend their appointments in primary care. (S2O-3269)

The Minister for Health and Community Care (Malcolm Chisholm):

All patients have a responsibility to ensure that they keep their appointments and should make every reasonable effort to inform their practice or clinic if they are not able to do so.

The Executive has taken action to improve access to national health service primary care services. Offering patients a choice in how they access services, together with action to reduce waiting times, will help to reduce the number of missed appointments.

Margaret Jamieson:

Is the minister aware that, in the 10 general practices in my constituency of Kilmarnock and Loudon, 1,112 DNAs—did not attends—were recorded in June this year and that, in my general practitioner's practice, which has direct access, 200 DNAs were recorded for the same period? Will he undertake to investigate the reasons why patients do not attend and will he require health boards to demonstrate that in field 4 of map 2 of the performance assessment framework, rather than concentrate on out-patient attendances?

Malcolm Chisholm:

I am sure that Margaret Jamieson will agree that we need to concentrate both on out-patient appointment DNAs and on GP and nurse practice DNAs. I would certainly be keen to find out more about the reasons why patients do not attend, but I think that it should, in the interests of balance, be noted that the same United Kingdom survey from which Margaret Jamieson quoted—the "Developing Patient Partnerships" survey—actually showed a 46 per cent drop between last year and this year in the number of DNAs for appointments with GPs. Of course, that was only a survey, so we do not want to take too much comfort from it.

It is safe to say that the number of DNAs is dropping, but it must drop a lot more. The main reason why it has dropped is the significant advances that have been made on access to GPs, partly through the work of the primary care collaborative. That has meant that a large number of GP practices are using new methods to organise their appointments. We have a target of 48 hours to gain access to the appropriate member of a primary health care team, which is being met widely across Scotland.


NHS Greater Glasgow (Fluoridation)

To ask the Scottish Executive how it will respond to NHS Greater Glasgow's request to fluoridate the drinking water supply. (S2O-3386)

The Deputy Minister for Health and Community Care (Mr Tom McCabe):

Under current legislation, the decision to fluoridate public drinking water supplies in Scotland is a matter for Scottish Water, on the basis of an application from a national health service board. No such application has been made by NHS Greater Glasgow.

Mark Ballard:

In response to a written question from my colleague Eleanor Scott on the matter, Malcolm Chisholm said that there would be careful consideration of the views expressed during the consultation process on "Towards Better Oral Health in Children" and that there would be an announcement in response to that. When will the Executive make it clear whether it will support fluoridation? When will ministers acknowledge the huge opposition to mass involuntary medication? Such medication might be illegal, would meet huge public opposition and would ultimately be doomed to failure.

Do not answer the question, Mr Ballard—just ask it.

Mr McCabe:

The Executive is consulting the public on a number of strands of work relating both to children's oral health and to the provision of dentistry services in general. We intend to respond to those consultations in the near future. At that time, we will make our position perfectly clear.

The member raised the issue of the legality of fluoridation. I am sure that he was referring to the possible implications of such a measure in respect of the European convention on human rights. Those implications could be tested only against a specific legislative proposal or a proposition to fluoridate the water in a particular area of Scotland.


Child Health

To ask the Scottish Executive what its position is on legal advice on children's health recently obtained by the WWF that under international law a child has the right to clean and safe surroundings. (S2O-3387)

The conduct of negotiations in relation to international obligations is a matter for Westminster under the terms of the Scotland Act 1998. The Scottish Executive is fully involved in the development of the UK position in devolved areas.

Shiona Baird:

Given the legal opinion to which I have referred and a report published in June by the World Health Organisation that highlighted the fact that children's health is often not considered in policy making and legislation, will the minister take responsibility for our children's health and tell us what action he will take to ensure that the UK Government takes the strongest possible position under the European Union's registration, evaluation and authorisation of chemicals legislation in order to phase out hazardous man-made chemicals that violate a child's right to health?

Malcolm Chisholm:

I make it absolutely clear that we strongly support children's entitlement to clean and safe surroundings. My answer to Shiona Baird's first question concerned the question of whether that is a right in international law, which is a matter for the Westminster Government. At the end of the day, the fundamental issue is not whether it is a right, but whether we will act on the basis that it is an entitlement. That is precisely what we will do.

We are actively engaged at UK level in taking forward the key international initiatives that relate to environment and health, which are the World Health Organisation's children's environmental health plan for Europe and the European environment and health strategy, which also has a child focus. The strategy is to be implemented in successive cycles. The first cycle aims to establish good understanding of the link between environmental factors and a range of illnesses, such as childhood respiratory diseases, asthma, childhood cancer and neuro-developmental disorders.

Does the minister envisage that his enthusiasm for ensuring that children are brought up in safe surroundings will lead to many more children being taken into care? If so, what provision will he make for that?

Malcolm Chisholm:

I am not sure whether I totally follow Phil Gallie's thinking on that. Obviously, a safe environment in the wider sense includes the people who surround the child. There are many issues there. I can give the undertaking to Parliament that the Executive has certainly been taking increased and more vigorous action on child protection across its work and has been insisting that local agencies also work far more effectively together.


General


Affordable Housing Review

To ask the Scottish Executive what reliance the affordable housing review is placing on assessments of affordable housing need carried out by local authorities in their local housing strategies. (S2O-3380)

The review has drawn on a number of sources, including the assessment of local authority housing strategies by Communities Scotland.

Eleanor Scott:

Can the minister say when the information will be available in local housing strategies? Does she accept that not having such information could jeopardise decisions about the required level of investment in housing? Will she outline how the Executive will use the assessment of affordable housing need in the strategies to inform its affordable housing review?

Ms Curran:

I am happy to provide Eleanor Scott with a range of details in writing. I reassure her that the information that is being gathered in local housing strategies will be used to inform our thinking in the review. We are, of course, using that information alongside the Bramley analysis that we have undertaken. We are using a range of sources of information to inform the review.

Eleanor Scott will appreciate that local housing strategies cover a range of matters. The strategies are now complete and Communities Scotland is in the process of assessing them all.

How are the discussions going on development funding being moved into local authority departments and what progress is being made on those departments' co-ordination with housing associations to meet need?

Ms Curran:

Linda Fabiani will be aware that the transfer of development funding has taken place in a number of local authorities. Given her knowledge of housing in Scotland, I am sure that she will also be aware that Communities Scotland is playing an active part in ensuring that commitments are honoured in that transfer, and that we are very much emphasising a strategic approach to housing delivery throughout Scotland so that—irrespective of who the provider is and who the landlord is—we have partnership between all the key interests to ensure that the focus is on delivery, efficiency and getting value for money.

Does the minister agree that affordable housing applies to house purchase as well as to house rental? What is being done to assist first-time buyers to purchase their first affordable home?

Ms Curran:

Yes—I accept the point that Mary Scanlon makes. I am sure that she is aware that in our review of affordable housing, which is under way, we are also looking at low-cost home ownership options. Communities Scotland has considerable experience of the different methods that are used to provide such options. The £20 million that I announced recently will be used to consider a variety of models that would facilitate low-cost home ownership—first-time buyers would be part of that approach.


National Police Force

To ask the Scottish Executive whether it is giving any consideration to the creation of a national police force. (S2O-3271)

There are no current plans to create a national police force.

Dennis Canavan:

Does the minister accept that in any democracy the police should be accountable and responsive to the needs of local communities, which would be more difficult to achieve if there were one national police force for the whole of Scotland? Will the minister bear it in mind that some of the smaller forces, such as Central Scotland police force, have lower crime rates, higher detection rates and better community relations than some of the larger forces, such as the one that is headed by Paddy Tomkins, whose suggestion that there should be a national police force smacks of a police state rather than of a modern, accountable and decentralised democracy?

Cathy Jamieson:

We can always rely on Dennis Canavan to liven things up. I refer the member to an answer that was given by the First Minister to a similar question last week. He made it clear that we reviewed the existing eight-force structure back in 2000 and concluded that there was not a case for moving at this point to a single force. However, we are reforming the structure of common police services and we are introducing efficiencies that will concentrate resources on front-line services, which is what communities want. They want police officers to be visible on the streets and they want them to be tackling problems such as antisocial behaviour and vandalism—examples of which are brought week on week to our MSP surgeries—in addition to tackling serious and organised crime.

For the record, I am sure that Dennis Canavan welcomes the fact that in June 2004 Central Scotland police had 765 police officers, compared with 715 in June 1999.

Pauline McNeill (Glasgow Kelvin) (Lab):

Strathclyde police have a good record on tackling crime and on detection rates. Does the minister agree that some services need to be delivered on a national basis? The most notable example is the Scottish Drug Enforcement Agency, which does an excellent job. A national police force, however, would not deliver a more efficient response to crime, but does the minister agree that we should, in relation to international and organised crime, continue to make it a priority that we work with other countries and the European Union to enable police forces to talk to other forces around the world and so ensure that we tackle such issues? Organised crime has no boundaries.

Cathy Jamieson:

Pauline McNeill is correct. Serious crime and organised crime do not respect boundaries, whether between Scotland and the rest of the United Kingdom or between the UK and the rest of the world. Along with the Lord Advocate and the Solicitor General for Scotland, we take a close interest in events at European Union level and we are considering areas of mutual co-operation. We want to ensure that serious criminals who operate in any way in Scotland are brought to justice.


Solicitors (Conduct)

To ask the Scottish Executive what plans it has to reform the system of regulating the conduct of solicitors. (S2O-3322)

The Deputy Minister for Justice (Hugh Henry):

We are developing policy on reform of the handling of complaints against solicitors, including complaints about their conduct. Our agenda builds on the recommendations that are contained in the previous session's Justice 1 Committee's report to Parliament, which was published on 27 November 2002. We will at the end of the year issue a public consultation paper on our firm proposals to improve the complaints handling system.

Mr Swinney:

I welcome the minister's remarks and the response to the Justice 1 Committee's recommendations. Does the minister acknowledge that the Scottish legal services ombudsman's most recent annual report identified a rising number of instances in which the ombudsman recommended that the Law Society of Scotland reinvestigate complaints about the conduct of solicitors? Does not that highlight the significance and importance of the action that the minister has pledged to take? Will the minister give Parliament a commitment that there will be a speedy response to the consultation exercise?

Hugh Henry:

As I said, there will be a consultation paper and we will respond to that consultation as quickly as we can. John Swinney is right to highlight issues that the ombudsman identified. Discussions have taken place between the Law Society of Scotland and the Minister for Justice; they are also keen for improvements to be made in the way complaints are handled. There is a general recognition that things could be done better and there is willingness on all sides to consider how that might be achieved. We must consider whether the best approach would be through self-regulation or through legislation, but whatever we do we are all pledged to ensuring that there is a more effective system for handling complaints in Scotland.


Road Safety (A90)

To ask the Scottish Executive what further action it plans to improve road safety at junctions on the A90 trunk road between Dundee and Aberdeen. (S2O-3285)

The Minister for Transport (Nicol Stephen):

The Scottish Executive constantly monitors accidents across the trunk road network and a number of improvements are currently under way or planned along the A90. Following the recent tragic accident at the A90 junction at Laurencekirk, I have asked for a full report and will consider appropriate safety measures as a matter of urgency.

Alex Johnstone:

I have supported previous campaigns for improvements at junctions south of Dundee and in the Forfar area, to reduce the likelihood of accidents in future. When those improvements have been made through the provision of grade-separated junctions and the minister has received the reports that he has requested, will the minister consider making the junction with the A937 Montrose to Laurencekirk road his number 1 priority for further action?

Nicol Stephen:

I am determined that there should be safety improvements at that junction. A site meeting took place on 10 September between Executive officials, the police and BEAR Scotland to consider all the options for safety improvements. I expect to receive the report following that meeting soon and I am determined to take action.

Mike Rumbles (West Aberdeenshire and Kincardine) (LD):

Does the minister agree that the long-term solution is a grade-separated junction and a flyover at Laurencekirk, which would prevent terrible deaths like those that have occurred? Short-term measures can also be taken. Will the minister consider reducing the speed limit to, for example, 50mph prior to implementation of a long-term solution?

Nicol Stephen:

Yes I will—I want to consider a range of shorter-term safety measures. The long-term solution is the introduction of a grade-separated junction, but it will take time to do that. The situation is similar to the one at North Kessock where there are proposals for a grade-separated junction. Following a tragic accident there, I was determined to see short-term measures put in place there and there is now a speed restriction and vehicle-activated signs, so if a vehicle is travelling too fast, the driver immediately gets a warning sign. That appears to have been effective and such measures need to be considered for Laurencekirk, but we should not lose sight of the longer-term solution.

Question 5 has been withdrawn.


Regional Aid (Consultation)

To ask the Scottish Executive whether it has responded to the consultation by the Department for Trade and Industry on the future of regional aid that closed on 6 September 2004. (S2O-3266)

The Deputy Minister for Enterprise and Lifelong Learning (Lewis Macdonald):

We have been in close contact with the DTI before, during and since its consultation on the future of regional aid. We worked with it on drafting the UK consultation document, we have encouraged Scottish stakeholders to respond and we fully support the UK view that the Commission's current proposals would not deliver better targeting of aid for the least favoured regions.

Helen Eadie:

Is the minister aware that regional state aid will reduce from 64 per cent to 0 per cent, thereby seriously affecting the ability of the business support partnership in Fife to continue to provide much-needed business support? Will the minister note that Fife continues to have some of the highest levels of unemployment in east-central Scotland? Will he agree to meet leading councillors, officials, me and other colleagues to consider what steps might be taken to address a potentially very serious issue for Fife?

Lewis Macdonald:

I am very conscious of the implications for Fife and other areas and will be happy to consider invitations to meet in the usual way. Indeed, I will be in Mrs Eadie's constituency next week and will be happy to discuss those matters with her then.

It is worth saying that the implications are similar for the whole of Scotland. The potential for reducing coverage from 48 per cent of the Scottish population to 8 per cent is clearly something that we take very seriously and we will continue to make representations on that.


European Union Constitution

To ask the Scottish Executive whether the new EU constitution will benefit Scotland. (S2O-3357)

The Minister for Finance and Public Services (Mr Andy Kerr):

The EU constitutional treaty will undoubtedly benefit Scotland. It gives us what we want, which is an effective Europe where we need it, but it will also give us flexibility and national choice when we want it. The UK achieved the reforms that we—through Scotland's presidency of the group of EU regions with legislative powers—have sought. Those include a stronger voice for nation states, a stronger voice for national Parliaments and an enhanced role for the regions with legislative powers.

Irene Oldfather:

Does the minister agree that in the run-up to the ratification process, it will be important that we make available to the people of Scotland information about the benefits that the constitution and the new treaty will bring so that they can make an informed choice on how to vote in the proposed referendum? Does the Executive intend to promote or participate in the EU's 1,000 debates for Europe campaign to ensure that citizens throughout the EU are fully engaged in the ratification process?

Mr Kerr:

The Executive will in particular want to say how Scotland benefits from the proposed treaty and the issues that will arise from it. We are always happy to take on such debates. There is also a larger discussion to be had about the role of Europe in our lives in terms of security, consumer safety and many other issues to do with trade and economic growth in Scotland. Europe is good for Scotland, as is the new constitutional treaty. It will provide powers that we have never had and it will maintain our good solid relationship with the rest of Europe.

Question 8 has been withdrawn.


Scottish Children's Reporter Administration (Munchausen's Syndrome by Proxy)

To ask the Scottish Executive whether it will publish the findings of the internal review conducted earlier this year by the Scottish Children's Reporter Administration on Munchausen's syndrome by proxy. (S2O-3308)

The report of the review is being published by the SCRA next week.

Alex Fergusson:

I am absolutely delighted to hear that, given that the Executive earlier seemed to feel that the findings would not be made public. I am delighted to hear that they will be and I hope that we will have an opportunity to debate fully the findings in Parliament.

Does the minister agree that there is a need to balance the views that are given by so-called expert witnesses in cases that involve children? There is an urgent need to review the situation, so that more balanced opinions can be brought to bear.

Euan Robson:

Such matters are difficult. I would prefer to delay comment until the review is in the public domain, which will happen next week. The issues are sensitive and need to be handled with care which, as I am sure we will see next week, is what has happened in this particular case. As to having a debate, we will consider that in the light of responses to the review.

I call question 10, in the name of Pauline McNeill. I see that she is not present.


Violent Crime

To ask the Scottish Executive what action is being taken to address the issue of violent crime. (S2O-3353)

The Minister for Justice (Cathy Jamieson):

The Scottish Executive is fully committed to reducing crime and to making our communities safer, so we have put in place a range of measures to tackle violent crime. National targets to reduce violent crime have been set for Scottish police forces for 2004-06, which build on the significant progress that has been made by the police on the targets that were set in May 2001. We are also reviewing the law and enforcement in respect of knife crime.

In relation to public service workers, the Emergency Workers (Scotland) Bill will make it a specific offence to assault, obstruct or hinder emergency workers who are responding to emergency circumstances. A wider package of measures is also being developed in partnership with the Scottish Trades Union Congress to provide further protection to all public service workers.

Could the minister elaborate on the package of measures that have been worked out with the STUC to protect workers at the front line?

Cathy Jamieson:

It is important that we recognise that it is not appropriate that any worker in the course of their day-to-day activities suffers abuse or violence. The Union of Shop, Distributive and Allied Workers has had a very effective campaign on that issue, which has been supported by many members of this Parliament. The STUC is closely involved in the work that is being done to ensure that we are aware of the particular circumstances that workers are involved in, for example in hospitals, where nurses and others have suffered assaults in the course of their duties. That work is in addition to the work that is being done by the emergency services. We will keep Parliament updated as that work progresses.

Question 12 has been withdrawn.


Standards in Public Services

To ask the Scottish Executive whether philanthropy has a role in contributing to standards in public services. (S2O-3354)

The Minister for Finance and Public Services (Mr Andy Kerr):

Improving and maintaining standards in public services are key priorities for the Executive. We welcome all contributions, and recognise that the philanthropic deeds of individuals or organisations can make a vital difference to the quality of life of people throughout Scotland.

Maureen Macmillan:

Will the minister draw the attention of the Minister for Education and Young People to Inverness High School where, on a small scale, philanthropists are helping the pupils in a project called REAL—real education active lives? As well as looking for large-scale philanthropists to help us in our public services, particularly in education, perhaps we could look at the small scale.

Mr Kerr:

Absolutely. There are philanthropists out there with lots of money who are willing to invest in and assist with all parts of Scottish public life. We are also working with small businesses in communities so that they can contribute to the fabric of schools. That is not only about resources, but about people and their involvement in our schools. That critical exchange, which can take place in the wider community of a school, is central to the way we want our education system to develop. As an Executive, we want to support that activity through futurebuilders Scotland, through our volunteer strategy and through all the other work that we do to encourage organisations and to provide support for how they train and how they enhance their roles within the community. That is part of the bigger picture that we have for education and beyond, which is about involving people in our schools, which we all welcome.


Casinos (Planning)

To ask the Scottish Executive what discussions it has had with planning authorities regarding the increase in the number of planning applications for large casinos. (S2O-3362)

I never envisaged that I would be answering question 14 today. Nonetheless, the Scottish Executive has had no discussions with planning authorities regarding proposals for large casinos.

Robert Brown:

I must confess that I had not banked on our getting as far as question 14. Does the minister agree with Glasgow City Council's action to consider more closely the effects of the change in gambling laws and the number of planning applications that are being received in Glasgow for large casinos, and will the Executive carry out a similar exercise at national level? Does the minister further agree that the claimed benefits of the increase in the number of large casinos are extremely dubious, particularly those that relate to their effect on regeneration in cities?

Ms Curran:

I am sympathetic to Glasgow City Council's approach of considering the large number of developments that the city could attract in the casino sector and others. We would never rule out strategic consideration of the issues that Robert Brown raises, but we would need to ensure that the approach was consistent with other planning proposals and other approaches to planning in Scotland.

Des McNulty (Clydebank and Milngavie) (Lab):

The minister is probably unique in that, as well as planning responsibilities, she has responsibilities on financial inclusion. Will she take into account the implications of gambling in considering the broader planning and economic consequences of major casino developments in cities such as Glasgow and in West Dunbartonshire and other places where levels of deprivation are high?

Ms Curran:

I was not going to thank Des McNulty for asking the question, but I will do so, given that the issue that he raises is significant and it is one that we must face in Scotland. It is inappropriate for people who are in financial need to be encouraged not to make the best use of their resources. As Des McNulty knows, the Executive has a strong commitment to financial inclusion. We recently committed an extra £2 million to developing financial inclusion services and the issue will continue to be a big priority in our work. I am sympathetic to Glasgow City Council's approach of questioning the consequences of such big developments, which can have a negative effect on some members of the community.