Chamber and committees

Local authorities procure new schools through more than one procurement route. Seven local authorities have signed school PPP contracts since May 2007, allowing building work to progress on 45 schools, almost all new builds. Those authorities, with their shares of 45 schools, are Aberdeen City (10), Dumfries and Galloway (10), East Dunbartonshire (6), Falkirk (4), Perth and Kinross (9), West Dunbartonshire (4) and West Lothian (2). With the exception of Public Private Partnerships (PPP), the Scottish Government does not hold comprehensive information about local authorities'' school building contracts.

HM Inspectorate of Education (HMIE) advertises the position of lay member in all of its inspection reports. It has also targeted a wide range of publications including The Big Issue to ensure as wide a coverage as possible. They have also ensured that opportunities are made available to volunteer or community organisations within specific minority sections of society. As a consequence, lay members come from all across Scotland.

HMIE also have a policy of renewal, in that lay members serve for a period before being replaced. This continually refreshes the pool of people involved. This ensures that lay members retain the impartial but informed view of a member of the public that makes their contribution so valuable to the inspection process.

HM Inspectorate of Education (HMIE) have had no difficulty in recruiting and retaining sufficient lay members without paying for their time. This is because those who apply have a genuine desire to improve education. Reimbursing lay members runs the risk of an increase in people applying to join HMIE for monetary reward rather than for this desire to improve public services.

The perception of lay members might also change. Currently their position as voluntary and independent contributors to the inspection process is understood by schools and local authorities. This is particularly important in relation to parents and other members of the community with an interest in the performance of the school.

It is for HM Inspectorate of Education to decide whether to pay for the services of lay members as the financial implications for any change to the present position would need to be met by them.

In 2005-06, the latest year for which figures are available, there were 46 persons with a charge proved for the offence of cruelty to animals, where this was the main offence recorded. It is not possible to identify cats or dogs from other types of animals in this offence.

Decisions on the length of a prison sentence are a matter for the court in each individual case. Parliament sets a framework of sentencing options and judges work within this to decide on the most appropriate sentence to suit the seriousness of the offence and situation of the offender who committed it. The judge hears all the facts and circumstances surrounding the case, and is able to take into account any factors which he or she considers to be relevant. We are not aware of any empirical evidence of an effect of the prison population on the length of custodial sentences.

It is not possible to draw a direct comparison. HM Inspectorate of Education (HMIE) has never paid lay members. I believe that paying lay members would remove critical aspects of their independence and it is important to continue to encourage people to volunteer to apply whose main motivation is the betterment of education.

The use of lay members is being reviewed as part of the changes being made to inspections of schools and other services in the light of the Scottish Government''s national performance framework for local government. There may be a need to recruit further lay members to suit new models of inspection with commensurate adjustment to training and staff development requirements.

The Scottish Government''s position is set out in paragraphs 560 to 623 of A Report on Implementation of the UN Convention on the Rights of the Child in Scotland, published in August 2007 and available on the Scottish Government website at:

http://www.scotland.gov.uk/Publications/2007/07/30114126/0.

Representations have been received from individuals and politicians. Direct representations to me from politicians include those from Dr Ian McKee MSP, Shirley-Anne Somerville MSP, Nigel Griffiths MP, Mike Pringle MSP, Mike Rumbles MSP and Margaret Smith MSP.

On Wednesday 20 February, I received a petition from the Evening News in response to their campaign calling for services to be retained at the Royal Hospital for Sick Children in Edinburgh.