Chamber and committees

That would be appreciated. Your predecessor tended to write to the subject committees at regular intervals to highlight the volume of SSIs that could be anticipated to fall within a six to 12-month period. Do you intend to continue that practice?

Okay. Another aspect of the dynamic that we consider is packages and groupings of SSIs in relation to bills that have been passed. Significant legislation has been passed in recent years, such as the Social Security (Scotland) Act 2018 and the Transport (Scotland) Act 2019, which have a significant number of delegated powers because they are complex acts. In order for this committee and the relevant subject committees to plan workload, it would be useful to be given advance notice of SSIs. Do you know whether there are any sets of SSIs in the pipeline for landmark pieces of legislation such as those two acts? Can you keep us updated on progress on them?

Okay. Thank you. Just on that, I mentioned two acts and you mentioned others for which delegated powers have now been drawn down, but the Social Security (Scotland) Act 2018 and the Transport (Scotland) Act 2019 are particularly significant acts. Can you give a commitment that you will go back to your civil servants and ask them to consider when the SSIs for those acts might be introduced and write to the committee to indicate when that is likely to happen?

Minister, I am keen to bring you back to the correspondence from Charles Garland from the Scottish Law Commission. We had an interesting meeting with the gentleman, particularly in relation to the 27 pieces of draft legislation that are shovel-ready, as it were. Would it be possible for you to commission a review of those 27 items and assess whether there are opportunities for the Government to introduce some of them in a timely manner?

The committee mentioned that those pieces of legislation could be sponsored by members through the non-Government bills unit, as members’ bills. That could be an alternative route.

There is a national interest in having that body of work carried forward as quickly as possible. It might be useful to carry out an assessment of the archive of material to see what opportunities there are. It would be useful if that could be set out in writing to the committee so that we could see the Government’s view on those 27 items.

The issue has been raised in debates in other Parliaments, particularly in relation to myalgic encephalomyelitis. Lyme disease is a contributory factor to the long-term chronic illness that is defined as ME. It might be of interest to better understand the interaction between the research on the two subjects, because the disease is another condition that people often feel is not taken seriously by the medical profession. That might be worth considering, as part of our consideration of the petition.

I agree that the current planning framework is not well defined enough in respect of ancient woodlands, and it could benefit from being enhanced, as proposed by the petitioners, to turn ancient woodlands into what are in effect enforced wilderness. As that would be beneficial from a policy perspective, there is a legitimate basis to keeping the petition open.

I thank everyone for their enlightening submissions. In particular, I note that the budget for the project has already been approved by Transport Scotland. I would like to know whether that is a general provision or whether the detailed specification is locked in, by which I mean: is the budget conditional on there being an automatic dependent surveillance broadcast system, or could there be a primary and secondary radar system?

I note that the Prospect trade union held a strike at the end of July, which escalated matters. It would be worth finding out what the latest situation is in that regard. We could find out whether the workforce and their representatives would be willing to make a submission on the issue.

Those are the key things that it would be good to know at this point.

The concerns raised by the petitioners are incredibly important and colleagues’ submissions today have been enlightening. I am curious about the role of NHS health boards in those areas and how accountable they actually are. That is the elephant in the room here, is it not? They are meant to be the democratic voice of stakeholders in those regions, but it is clear that they are not performing that role effectively, given that this issue is now arising from groups that have been formed more organically underneath that structure. Consideration needs to be given to how effective health boards are in representing the interests of their areas. Should the committee write to ask the health boards how they can respond to the concerns raised by the petitioners and how they can redesign their services to respond to the issues raised by the petitioners?

How transparent are the appointments to those health boards? Is there an election process that is well known about? Should they not be considered to be as important as local council elections, for example, with regard to developing representation? That is therefore an element to consider: how democratic and accountable are health boards? They are quite opaque.

I resist the move to close the petition. The issue seems prima facie to be reserved, but significant provisions are in devolved legislation, and particularly the Transport (Scotland) Act 2019. That act provides for establishing bus services improvement partnerships, which probably represent the weakest form of regulation after a purely laissez-faire system. The act also contains provisions on franchising and direct public ownership. The Scottish Government has significant regulatory capacity when defining a bus franchise—for example, it can insist on the achievement of certain service standards. That depends not necessarily on legislation but on how well designed a franchise agreement is.

There are significant financial incentives. About 45 per cent of all bus company turnover in Scotland is from public subsidy, and provisions or conditionality could be attached to that public subsidy, which is from the Scottish Government. New vehicles that were procured could be required to meet a certain quality of specification, which would provide such capability in a service.

Given those factors alone, there are significant provisions for the Scottish Parliament as a legislature to design a better service standard that would meet the petitioner’s concerns. The issue is not solely about reserved powers. The committee also has capacity to engage with the Scotland Office and ask what efforts it might make to amend legislation at Westminster to back up any action. There is a breadth of opportunity for us to pursue the petition.

I am generally supportive of the idea of dualling the national trunk road network for safety reasons. That is sometimes conflated with environmental concerns, but the safety implications of dualling on trunk roads are critical.

Elena Whitham raised a wider point about rail substitution. A wider assessment of the ability to move freight from the ports at Cairnryan and Stranraer on to rail is worthy of consideration.

What is lacking, certainly on the west coast, is a port strategy generally. There needs to be consideration of the utilisation of some of the Firth of Clyde ports further north, such as the port at Greenock, for moving freight on to the motorway network. That would help to relieve pressure on the Ayrshire trunk road network.

I think that all these things are considered in isolation, so perhaps it might be worth writing to the relevant ministers to ask for this to be considered in the strategic transport projects review. We need to look at things in a wider sense, because there is no consideration of ports infrastructure in the west of Scotland and how that is managed. It is, in effect, a free market, but that has significant public costs that are not properly accounted for.