Chamber and committees

No. Health and safety legislation is a reserved matter for consideration by the UK Parliament. I await the publication of Lord Young''s review of health and safety legislation to see whether there are any consequences for policing in Scotland.

In the quarter January to March 2010, 8,008 letters were received by ministers and 97% received a reply within our target of 20 working days.

In order to ensure there was a smooth transition to new funding arrangements for NHS Scotland the Scottish Government committed to phasing in the target shares calculated by the NRAC Formula by way of differential growth. Under this methodology, all boards continue to enjoy real-terms growth in their allocations year-on-year, with those below their target share receiving more growth than those above until the new distribution is achieved over time. In this way no board receives a cut in funding.

This approach to phasing in funding has been the practice under both the previous SHARE and Arbuthnott formulae. Despite the constraints of the current economic and financial climate, an additional £13 million has been provided to NHS boards below target in financial year 2010-11.

As the target shares of NHS boards change on an annual basis to reflect changes in the relative need of their populations, it is not possible to provide a date when all NHS boards will reach their target share. However, we will ensure that this happens are quickly as resources allow.

In accordance with the Sewel Convention, the UK Parliament does not legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament.

This is an important part of the devolution settlement, which acknowledges the special constitutional position of the Scottish Parliament and the democratic mandate conferred on this Parliament by the people of Scotland. In the view of the Scottish Government, the Sewel Convention will remain an essential part of the constitution of the UK for as long as the UK Parliament retains its current powers and functions in relation to Scotland.

In the normal course of business, legislation on devolved matters should be scrutinised and determined in the Scottish Parliament. There may, however, be situations in which it is helpful and appropriate for legislation dealing with devolved matters to be taken forward at Westminster.

The Scottish Government is committed to assessing opportunities of this kind on their merits and to working positively and constructively with the UK Government, on a case-by-case basis, to deliver legislation which best meets Scotland''s needs. The Scottish Government is equally committed to working with the UK Government to pursue opportunities to extend devolved competence.

The formal consent of the Scottish Parliament is required in relation to all proposals for Westminster primary legislation on devolved matters, including alterations to devolved competence, in accordance with Chapter 9B of Standing Orders.

This is the first time since the creation of the Scottish Parliament that a post-election change of government has occurred at Westminster. The new coalition government took office on 11 May and the development of a formal legislative programme has necessarily been conducted under circumstances rather different from those which have become the norm over the last decade. As a result, opportunities to discuss the content of proposed bills and to identify potential requirements for legislative consent in advance of the Queen''s Speech have been more limited than has been the case in previous years.

At present the situation is that the UK Government has announced 24 bills for the 2010-11 session. It appears possible that five of those bills may require legislative consent, although the need for consent will be kept under review and may change as drafting progresses.

The bills currently thought likely to require consent are:

Energy Security and Green Economy Bill - A Bill for England, Wales and Scotland to deliver a national programme of energy efficiency measures to homes and businesses. It may also introduce powers to regulate the emissions from coal-fired power stations, reform energy markets and put in place a framework to guide the development of a smart grid that will revolutionise the management of supply and demand for electricity. The UK Government may also legislate to set up a Green Investment Bank. Some measures may have devolved aspects.

Health Bill - A Bill for England to implement the UK Government''s proposals for a sustainable national framework for the NHS; to support a patient-led NHS focused on outcomes, and to deliver on the commitment to reduce bureaucracy. May contain provisions relating to public health and require technical changes to Scottish legislation as a consequence of re-organisation in England.

Police Reform and Social Responsibility Bill “ A Bill for England and Wales to make the police service more accountable to local people and set out measures to tackle alcohol-related violence and disorder. Proposals to create a dedicated Border Police Force would apply to the UK as a whole. Consent may be required in relation to technical provisions in Scottish legislation.

Public Bodies (Reform) Bill “ A Bill for England and Wales to ensure that there will be a greater degree of transparency and accountability for all Public Bodies (˜quangos''), and provide Ministers with the powers to abolish, merge or transfer functions. Where changes affect bodies exercising devolved as well as reserved functions, consent will be sought.

Scotland Bill - A Bill for Scotland to implement recommendations of the Final Report of the Commission on Scottish Devolution (the Calman Commission). The main elements of the Bill will be made clear in due course. Any alteration to devolved competence would require legislative consent.

The Scottish Government will, in due course, lodge memoranda and motions for relevant bills, once they have been introduced in the UK Parliament. It will then be for the Scottish Parliament to determine whether to give or withhold consent.

It is possible that further opportunities to legislate for Scotland by means of Legislative Consent Motion may occur in connection with other UK bills, including Private Member''s bills. Any additional proposals of this kind, together with any relevant amendments to the Government bills listed above, will be drawn to the attention of the Parliament as they arise, in line with the requirements of Standing Orders.

This government is committed to making our communities safer and stronger places to live. That is why we are delivering on our commitment to provide 1,000 additional police officers in our communities. But there would be no point in having these extra officers unless they were making a real difference on the streets across Scotland. That is why I very much welcome Chief Constable Colin McKerracher''s initiative for Grampian Police to have a renewed focus on community policing: to make local police officers more accessible and visible; to listen to the needs of local people and keep them informed, and to work with partner agencies to encourage people to take responsibility for their own behaviours and actions.

I know from speaking to chief constables across all of the Scottish forces that they are making maximum use of the extra resources provided by this government by focussing on the need to take policing into the heart of our communities.

Officials from the four UK Health Departments are continuing to explore areas of possible collaboration and progress in the provision of services for people with rare diseases in line with the EU Council Recommendation''s request for a report on implementation of its actions by 2013. The areas under exploration are those contained in the EU Recommendation, and are as follows:

Plans and strategies in the field of rare diseases;

Adequate definition, codification and inventorying of rare diseases;

Research on rare diseases;

Centres of expertise and European Reference Networks for rare diseases;

Gathering the expertise on rare diseases at a European level;

Empowerment of patient organisations, and

Sustainability.

I refer the member to the answer to question S3W-33417 on 4 May 2010. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

In the fourth quarter October to December 2009, 7,972 letters were received by ministers and 96 % received a reply within our target of 20 working days.

The current proposal to relocate the core and records recollection to Keyworth could disadvantage students at Scottish universities. Moving the core storage facility to Keyworth will affect ease of access and increase costs for students in Scotland. The financial implications of travel and overnight stays involved could prove too high for many students with the result that they would be unable to make use of the core data in their research.

The Scottish Government have not been contacted regarding safety and security measures needed for the proposed relocation of the UK continental shelf core and records collection to Keyworth. However, it has raised its concerns regarding the proposed move to British Geological Survey for a number of reasons.