Chamber and committees

The Scottish Executive is in regular contact with the Department for Work and Pensions on a variety of issues including the impact of the Department’s service delivery plans.

Levels of Home Loss Payment were last reviewed in 1991. Ministers will take a view on any possible review in due course.

Outwith the mental health settingthere is no specific statutory authority that applies to NHS Staff to apply physicalrestraint to persons undergoing treatment.

I have asked Angiolina Foster,Chief Executive of Communities Scotland, to reply. Her response is as follows:

Local housing strategies setout a view of the local housing system for a period of at least five years.

Local authorities are requiredto submit the material needed to update their first LHS (dated 2003 or 2004) toCommunities Scotland by 1 July 2005.

In addition councils are dueto submit their Scottish Housing Quality Standard Delivery Plans by the end of April2005 and these will also form a significant element of updating the local housingstrategies.

I have asked Angiolina Foster,Chief Executive of Communities Scotland, to respond. Her response is as follows:

Guidance on the preparation ofLocal Housing Strategies produced for local authorities suggests that Strategiesshould identify the broad picture of investment needs for existing and new housing.

While Local Housing Strategiesare not intended to be bidding documents, the priorities identified in Strategiesare expected to determine councils' future expenditure priorities.

A fit for purpose Local HousingStrategy should set out a clear investment framework for Registered Social Landlordsand for other partners and providers that would allow them to prioritise and targettheir actions and resources in support of the strategy.

Where the management of developmentfunding has transferred from Communities Scotland, local authorities are also responsiblefor the administration of funding to Registered Social Landlords and other providers– in all other cases this function remains with Communities Scotland.

Implementing the G8 Plan of Supportfor Middle East Reform is the responsibility of the UK Government, working withother partners in the G8 and the Middle East. The Executive has made clear to the Foreign and CommonwealthOffice its willingness to support implementation of elements of the plan if requested.

Physical restraint may be usedby a range of agencies including the police, prison and prisoner escort services,certain social care and mental health services, the UK Immigration Service; HM Customsand Excise and the military. The legal authority underpinning the use of restraintequipment depends on the circumstances. As well as the common law on what amountsto reasonable force and the law on self defence, a number of criminal, civil anddisciplinary procedures also apply. These include, for example, section 9(1C)(k)of the Police (Scotland) Act 1967, as amended; section 71 of the Mental Health (Scotland)Act 1984, and section 154 of, and Schedule 11 to, the Immigration and Asylum Act1999.

The Scottish Executive has statedthat the Scottish Human Rights Commission will be able to investigate and reporton generic or sectoral human rights issues in relation to public policy. The Executive’spreferred approach is that to support that investigatory function the commissionshould have powers of access to information based on the powers given to the ScottishPublic Services Ombudsman. These powers would be defined fully in legislation. Additionally,the Commission would be able to offer advice to the Scottish Parliament on legislationafter introduction and to advise the courts in certain circumstances. The finalshape of the commission’s powers will be for the Scottish Parliament to determinein its consideration of legislation to create the commission.

As a body established by the Scottish Parliament, the commission will only be able to exercise its powers inrelation to issues that are devolved in terms of the Scotland Act.

The Scottish Executive has actedin a number of areas to protect those who may be unable to protect themselves, especiallyby introducing legislation such as the Adults With Incapacity Act (Scotland)2000, the Protection from Abuse (Scotland) Act 2001, and the Protection ofChildren (Scotland) Act 2003. In taking such action the Executive has takenaccount of the need to ensure that the rights of those involved as set out inthe European Convention on Human Rights are properly protected.

I have asked Angiolina Foster, Chief Executive of Communities Scotland, to respond. Her response is as follows:

We are keen to encourage registered social landlords (RSLs) to maximise the positive impact they can have on communities beyond the provision and management of housing. This should be done within the framework of the Executive’s Closing the Opportunity Gap objectives. However, we are clear that RSLs are not obliged to get involved in this wider agenda and each RSL must make any decision based on its own circumstances.

A full explanation of our policy on supporting the Wider Role of RSLs can be found at www.communitiesscotland.gov.uk.