Plenary, 23 Dec 2004

Meeting date: Thursday, December 23, 2004

Official Report 492KB pdf

---

Question Time

---

SCOTTISH EXECUTIVE

---

Education and Young People, Tourism, Culture and Sport

---

Independent Schools (Charitable Status)

To ask the Scottish Executive whether it will assess what impact the removal of charitable status would have on independent schools. (S2O-4732)

Information on the broad value of charitable status is contained in paragraph 129 of the financial memorandum accompanying the Charities and Trustee Investment (Scotland) Bill. Of course, the bill contains no direct implication that schools will lose charitable status if they are providing clear public benefits.

When I recently visited the principal of George Watson's College, which is in my constituency, he highlighted his fears about the future of the school in its current form if charitable status were to be removed. At the moment, the school has 3,000 pupils. Does the minister agree that such schools provide an excellent alternative choice for parents and their children and provide a good education for a broad range of levels and abilities?

To reassure Mike Pringle, I repeat that there is no implication that schools will have their charitable status removed. Indeed, the bill does not specifically refer to the exclusion of schools. If it is passed and enacted, it will retain "advancement of education" as a charitable purpose.

The decision to grant charitable status will be a matter for the Office of the Scottish Charity Regulator, which will consult on guidance on determining whether a body has a public benefit. If that benefit exists, that body will continue to have charitable status. That matter will affect George Watson's College and many other schools in the category that the member described.

Will the minister give any directions or guidance to OSCR on the interpretation of the term "public benefit" for public schools? Moreover, will each school be judged on its merits in that respect?

I indicated in my reply to Mike Pringle that OSCR will consult on the guidance on the process of determining whether an individual case passes its public benefit tests. As it stands, the bill sets out a range of considerations—in other words, guidance—that OSCR should take into account. Much more consultation will take place on that matter in due course.

I hear what the minister has said, but does he not agree that much of the Scottish public would be astonished to learn that Watson's, Fettes College and Gordonstoun School are listed as charities, with all the tax benefits that flow from that status? Why does the Executive not take the opportunity of the introduction of the Charities and Trustee Investment (Scotland) Bill to end that anachronism?

The Executive is seeking to modernise charity law for a whole variety of reasons. The bill does not explicitly exclude schools for the good reason that education will remain as a charitable purpose. We should remember that we are talking not only about the schools that Christine Grahame mentioned but about schools that offer very particular special needs education.

That is a very different matter.

Yes, it is. However, it would be difficult to distinguish between those two different aspects in the legislation.

Despite that, the Executive is seeking to set out a public benefit test in the bill. Schools that meet the public benefit criteria will be regarded as charities; those that do not will not have charitable status. It is up to schools to demonstrate that they meet the requirements and OSCR will make its decisions in due course.

---

Commonwealth Games

To ask the Scottish Executive whether attracting the 2014 Commonwealth games can provide economic and social benefits to Glasgow. (S2O-4767)

A bid assessment group that has been established will look at potential economic and social impacts on Glasgow and Scotland before, during and after staging the 2014 Commonwealth games. The group is expected to report next summer on the feasibility of Glasgow's bid to host the games.

I welcome the minister's positive response. However, will she assure me that if Glasgow's bid is successful, the Executive will make additional funding available to allow us to create a lasting legacy in some of the city's more socially deprived areas?

Obviously, the Scottish Executive is closely involved in the assessment group and will be closely involved if a bid goes forward. A successful Commonwealth games has the potential to provide for Glasgow and Scotland a lasting legacy of improved transport infrastructure, housing and sports facilities, as well as to boost the image of the city. A successful games would not only heighten the profile of Scottish sport and deliver medal successes but develop volunteering in Scottish sport and potentially increase participation in sport, leading to improvements in health. All that would be a useful legacy for Glasgow and Scotland.

The minister will be aware that Fort William has secured the mountain bike world championships in 2007, against strong bids from Australia and Canada. As mountain biking has brought an Olympic sport to the Highlands, will the Scottish Executive be reviewing the highly successful bidding techniques used by that sport, in order to inform the bid for the Commonwealth games?

The bid assessment group will examine all available information, and will be interested in the work that has been done to secure other major events for Scotland. The securing of the mountain bike world championships is in line with our strategy of attracting major events to Scotland, and the success of Lochaber and the Highlands in that regard is welcome.

---

School Buildings

To ask the Scottish Executive what provision is made available for additional school building other than through the public-private partnership route. (S2O-4770)

We also provide capital grant to authorities through the schools fund, significant increases in which we recently announced, and we support general local authority borrowing for capital expenditure through the prudential framework.

Is the minister aware that Lochaber High School board is concerned about the state of its school building, which is not included in the Highland Council's PPP scheme, and that other communities, for example in Argyll, are also concerned for the future of their school buildings that are not included in the PPP? Does he believe that the use of prudential borrowing can cover all those schools' refurbishment? How will the schools fund, or other sources of funds, be used to add money to the pot?

How prudential borrowing is used is a matter for local authorities. It may be that local authorities can cover a number of needs beyond PPP programmes through that means. I know about Lochaber High School, not least because I have had the advantage of a conversation with Maureen Macmillan about it.

Primarily, the schools fund is to be used for such things as additional classroom space, broadband connectivity and information technology infrastructure within schools. However, it is up to local authorities how they deploy that resource. For example, in Highland, more than £4 million will be available in financial years 2005-06 to 2007-08 for use under the schools fund allocation.

There are concerns that the PPP deals that are being struck in some local authorities, such as Stirling, are being driven not just by the need for new schools but by the desire of private developers to build profitable housing on ex-school land at a price well beyond the purchasing power of people on average incomes. Is the minister concerned that, given the poor state of structure plans in many local authorities, an unwelcome by-product of that investment approach could be unsustainable planning decisions and growing inequality in the housing market?

The points that the member raises are for the Development Department, but as ministers from that department are here, they will have heard his concerns. Clearly, local decisions need to be taken at a local level. Councils will doubtless have regard to the broader implications of any decisions that they take and any contracts into which they enter. However, those are primarily matters for local authorities to decide on and assess when they sign such contracts.

Can the minister clarify the Scottish Executive's attitude to additional building on PPP sites, particularly in relation to sport and leisure facilities? I am sure that he appreciates that such developments will be some of the largest ever in communities but, in the existing PPP structure, councils appear to be unwilling to incorporate public sport and leisure facilities within those school sites.

I am not entirely clear about the nature of David Mundell's question. I understand that some local authorities are actively considering the inclusion of sports provision in PPP sites, but it is for local authorities to assess the needs in their local circumstances. From personal and constituency experience, I can say that these matters are given careful consideration and that sports facilities that are open to the general public and based on school sites afford some attractive advantages to a number of local authorities. It is up to the individual authorities to assess the decisions in the light of their own circumstances.

Is the minister aware of a parliamentary answer that I received, which said that the schools fund that he mentioned to Maureen Macmillan was available in capital plans for PPP projects only? Will he reflect on that and his answer to Maureen Macmillan? Will he also confirm that the £100 million that is currently available to be spent on privatisation and profiteering through PPP projects would build 10 primary schools, cash on delivery? Does he agree that that argues the case that real value for money lies in using public money to build public schools?

Not for the first time this week, Fiona Hyslop is somewhat confused. It is possible for schools fund moneys to be used within the context of PPP projects, but it is not fair to imply, as she did, that that is exclusively the case, because those moneys can be for stand-alone uses, as I explained earlier. In the most recent distribution, the Executive suggested that the focus should be on information and communication technology developments within schools—to take advantage of broadband, for example—or on additional classroom facilities that are needed in view of curriculum developments, improving teacher-pupil ratios and declining school populations. It is up to local authorities to make the best use of the funds that are available to them through PPP schemes, the schools fund or the prudential borrowing regime.

---

Tourism

To ask the Scottish Executive how it is improving Scotland's profile as a tourist destination. (S2O-4762)

The Executive has more than doubled VisitScotland's budget since 2000, including the 28 per cent increase in its marketing budget that was announced in March. Some of that extra money is being matched by the private sector. The increased funding is being used to strengthen the promotion of Scotland in key United Kingdom and overseas tourist markets, particularly in the many areas in western Europe and further afield that are now being served by new air routes that are supported by our air route development fund. We have also set up EventScotland to raise Scotland's profile through support for major events.

The minister will be aware that many visitors come to Scotland to hear and participate in our traditional arts. Will she encourage VisitScotland and other bodies to give the traditional arts in Scotland the profile that they deserve?

I am interested in Cathy Peattie's supplementary question, not least because of the questions raised by others outwith and, sometimes, within the Parliament about the cross-cutting nature—as I prefer to think of it—of my portfolio and the importance of linking culture and sport to tourism.

Cathy Peattie is correct to identify the potential of the traditional arts in Scotland. In that regard, I think particularly of Celtic connections as a potential way of attracting visitors. Thus far, the marketing of that event has been concentrated on the home market, but early discussions are now taking place with VisitScotland and Scottish Enterprise to identify other possible markets in which to market the festival. We know that the Hebridean Celtic festival is likely to accrue some £1 million of visitor revenue over a four to five-day period, so it makes sense to me to consider how the traditional arts can contribute more widely to our economy at the same time as ensuring that they receive a boost in participation and interest.

Is the minister aware of some particular negative effects of the selection of Edinburgh airport as the arrival destination for visitors to the G8 summit next year? That will involve parking Air Force One, for example, at Edinburgh airport for four days. Will that lead to the cancellation of scheduled and chartered flights and the restriction of their passengers and aircraft? Will it lead to executive-jet movement restrictions? Will it lead to the closure of the golf course at Turnhouse? Will the cordon militaire that will be necessary around Edinburgh airport restrict operation of the Gyle centre? Why was Royal Air Force Leuchars—a more convenient, technically practical and secure airport—not chosen instead?

The member will forgive me if I do not know the absolute detail of the answer, because the question does not quite fall within the scope of question 4, the session or my portfolio. However, I will say that many opportunities will accrue from hosting the G8 summit in Scotland. Last week, I visited Perth, where Perth and Kinross Council and many tourism businesses displayed a positive attitude to the summit. They see it as a huge opportunity to showcase Scotland and Perthshire. Frankly, I think that Mr Stevenson and his party would do better to see it likewise.

I remind members to try to stick to the subject of the question to which they are called to ask a supplementary question. If they do not, I will rule them out of order. I call Marilyn Livingstone.

I will try to stay within the rules.

Good girl.

I know.

In the past 10 years, the tourism industry in Fife has grown by 11 per cent and it now employs 6,000 people. That has been achieved through partnership working by public agencies and is an example of good practice. Will the minister outline how the new tourism network will ensure that that highly effective partnership between the local council, the enterprise company, tourism professionals and the industry in Fife continues so that Fife and Scotland's tourism industry can continue to grow?

I thank the member for her question and for her invitation to visit her area in January to talk to some tourism businesses about that matter and others. I am enthusiastic about the working that has taken place in Fife and other areas throughout Scotland and about the optimism that we share with the tourism industry over the potential for growth in the next 10 years particularly.

I am aware of concerns that have been expressed about the issue that the member raises, which she and I have discussed. It is hoped that revamping the tourism network will ensure more partnership working, encourage businesses that are part of the tourism network to be part of such partnerships and recognise the strong role of local authorities in that network. I hope that partnerships will strengthen and I will encourage VisitScotland to work towards that.

Question 5 has been withdrawn.

---

Scottish Diaspora

To ask the Scottish Executive what steps are being taken to raise awareness of Scotland among the Scottish diaspora in North America. (S2O-4707)

The United States is Scotland's most important overseas market for business and tourism. In recognition of that, the Scottish affairs office, which is based in the British embassy in Washington, was established in October 2001. The office's remit is to promote contemporary Scotland, to act as a liaison for all Scottish agencies that work in the US and to be an outreach to the Scottish diaspora. In the course of her duties, the first secretary for Scottish affairs undertakes an extensive programme of speaking engagements throughout the US, advises those who seek to establish connections with Scotland and has lead responsibility for the Executive's contribution to tartan day.

I am grateful for that helpful reply. I am always a little nervous about what research into my family's genealogy might reveal. I know that at least one family member was transported to Virginia in 1716 as a Jacobite rebel. Does the Executive have plans to capitalise on renewed interest in genealogy to promote business and tourism? Following Governor Schwarzenegger's choice of John Muir, the great environmentalist from East Lothian, to feature on 2 billion US quarter-dollar coins, does the minister have further plans to raise awareness of Scottish connections with America through the good offices of the first secretary for Scottish affairs, about whom she just talked?

It is estimated that about 20 million US citizens claim Scots ancestry, so that market has major potential. We recognise that potential and we encourage people who have an interest in tracing their roots to visit Scotland. The website ancestralscotland.com can act as a first port of call for anyone, wherever they come from, who wants to find out about their Scottish roots and it will inspire them to travel to Scotland.

I was aware of John Home Robertson's ancestry, because he mentioned it a few years ago during a members' business debate on tartan day. It is obviously of great interest to him and to others. I was interested to hear about the initiative that was taken by Governor Schwarzenegger to promote John Muir on the back of quarter-dollar coins in America. I understand that John Muir was born in Dunbar in the constituency of John Home Robertson, who obviously therefore has an interest. From what he said, it strikes me that there might be potential for further initiatives, not least because John Muir was one of the founding fathers of environmentalism. It may well be that we could examine ways of using John Muir to promote green tourism around the world.

---

Finance and Public Services and Communities

---

Violence Against Women

To ask the Scottish Executive whether its strategy aimed at reducing incidents of violence against women is meeting its targets. (S2O-4776)

We have established an expert sub-committee of the national group to address violence against women and it will consider and develop a strategic approach to the range of issues involved. The work is at an early stage and the national group will consider the need for the development of specific targets.

Is the minister aware that violence is often the tip of the iceberg and that many women talk about the devastating long-term effects of emotional abuse? Will the Scottish Executive consider introducing targets and campaigns to tackle emotional abuse in Scotland?

We recognise the serious problem of emotional abuse within the wider issue of domestic abuse. When I met Scottish Women's Aid this morning it made the point that it is wrong to think only of specific instances of domestic abuse because it is an on-going process that includes emotional abuse. The expert sub-committee that I referred to will work on a definition and it will take account of the United Nations definition, which certainly pays attention to the important emotional and psychological dimension.

Question 2 has been withdrawn.

---

Civil Service Jobs (North Ayrshire)

To ask the Scottish Executive what progress is being made in bringing civil service jobs to North Ayrshire. (S2O-4702)

North Ayrshire is and will continue to be considered a potential relocation site. The Executive is committed to ensuring that government in Scotland is efficient and decentralised as part of our wider vision of more accessible, open and responsive government, and job dispersal is part of that vision. We are committed to examining opportunities as they arise on a case-by-case basis and no areas of the country are ruled out.

I am sure that the minister is aware that North Ayrshire has the highest unemployed claimant count in Scotland, at 4.3 per cent. Will he guarantee that no public sector civil service jobs will be lost to North Ayrshire following Gordon Brown's announcement that 104,000 jobs will be axed in the sector throughout the United Kingdom?

I am well aware of the situation in North Ayrshire, as the local members keep me up to date on it. Irene Oldfather has been making representations for a considerable period of time, requesting meetings with ministers and writing letters. We are well aware of the situation in that area. As you know, Presiding Officer, I am not in a position to pronounce on the consequences of decisions that are taken at Westminster on reserved matters.

Does the Executive have an indicative or target number of jobs that it thinks might be appropriately reallocated or dispersed to North Ayrshire or to any other part of the country? Some of us think that the indicative or target number for our areas is zero.

I can understand why any member would make representations on behalf of their area and I suppose that most members will think that they have been hard done by in some way when they see jobs going elsewhere. I can only assure the Parliament that the process is objective and that we assess things on a case-by-case basis. That is the way in which Parliament would expect us to conduct operations and that is how we will continue to do so.

Is the minister aware that Irvine in my constituency, where the unemployment rate is 4.5 per cent, narrowly lost out on the 200 Scottish Public Pensions Agency jobs that went to Galashiels, where the unemployment rate was 2 per cent? Can he assure me that unemployment will be taken into account as one of the criteria that the Executive will consider in relocating agencies?

Also, the minister will be aware that the Accountant in Bankruptcy jobs have been temporarily located in my constituency. Will he give a commitment that a decision on the permanent location of those jobs will be taken in the near future?

I can give commitments on both those issues. First, the economic circumstances of an area are taken into account in the criteria for relocation assessment. Secondly, I am aware that the Accountant in Bankruptcy is temporarily located within the member's constituency. We will do our best to ensure that a decision on that issue is taken as expeditiously as possible.

---

Central Heating Programme

To ask the Scottish Executive what progress is being made in the provision of its central heating programme for pensioners. (S2O-4724)

So far, more than 27,000 systems have been installed in the private sector and we are aiming to install a minimum of 40,000 systems by 2006. In addition, the central heating programme in the local authority and housing association sectors will benefit many senior citizens. The programme was extended earlier this year to include the replacement of 4,000 partial or inefficient systems in the homes of those who are over 80.

I thank the minister for his answer. As he will be aware from his answer to my recent written parliamentary question, many pensioners in the Lothians who should benefit from the programme have experienced a delay of up to five months, which is clearly a considerable difficulty at this time of year. Will he undertake to ensure that all possible steps are taken to accelerate the programme as quickly as possible? Failing that, will he ensure that emergency alternatives are available at an affordable and accessible rate?

The huge demand for the central heating programme is illustrated by the figures that I mentioned, which show just how successful the programme has been. However, there can be particular reasons, such as the need for a new gas supply or an electrical upgrade, why people may experience more than the normal period of delay. I certainly understand the issue that Kenny MacAskill raised about the Lothians, where five months is the average delay. Obviously, the Eaga Partnership is doing everything that it can to reduce that. However, I think that people will understand that the underlying reason for the delay is the wide demand for the programme.

Many of my constituents have approached me about those waiting times, which are a concern. Has any consideration been given to extending the programme to include perhaps the option of grants or reimbursements for service users so that the backlog could be better tackled? That might prevent people such as a 73-year-old constituent of mine from having to wait five months with no heating or hot water over the winter.

As the system provides a whole package that involves a final inspection of the work that has been done, we think that the present delivery mechanism is the best way. At present, our policy intention is to drive down the waiting times within that framework.

I welcome the expansion of the scheme to include the replacement of boilers that have broken down irreparably. Given that a breakdown, by its very nature, suggests something of an emergency, does the minister agree that it is unacceptable that people have to wait for up to five months under those circumstances, especially at this time of year? Will he re-examine that part of the scheme, so that those who find themselves in an emergency situation are treated with the urgency that their situation merits? Will he consider providing either a fast-tracking option for such breakdowns or, as Elaine Smith suggested, a grant-aided scheme to alleviate those affected with the immediacy that their circumstances both deserve and require?

Obviously, difficult issues would arise from prioritising such requests, given that alongside those to whom the question refers are those who have no central heating system. Installers should certainly be mindful of the issues that have been raised, but we must also remember those who have no system at all.

I am sure that all members would agree that the central heating programme has benefited many Scottish pensioners, whose lives have been more comfortable, and that the programme has, in the main, been a success. Will the minister advise Parliament when he will bring forward a scheme to ensure that all pensioner households that have partial or inefficient central heating systems have a new system installed?

At present, we are looking at the future of the programme. As Cathie Craigie knows, I announced such an extension of the programme for the over-80s earlier this year. We will come forward with proposals for the future programme very soon. We will, of course, consult on those.

---

Free Personal Care

To ask the Scottish Executive whether the recently announced local government financial settlement will guarantee that all local authorities will be able to meet free personal care commitments. (S2O-4696)

The Executive has provided significant sums to local authorities to enable them to meet their free personal care commitments. It is the responsibility of local authorities to prioritise and manage their resources according to need.

Is the minister aware that, in Ayrshire in particular, people are waiting for long periods for assessment and that, once they have been assessed, they find that the assessments are not implemented? On every occasion, the local authorities concerned blame the Scottish Executive for having legislated to provide free personal care but failing to deliver. That is how they see it.

That allegation—which is only an allegation—has two distinct parts. There is no reason why people should have to wait a long time for an assessment, as there are professionals who can assess their situation. I understand that it may take a bit longer for them to receive the services. However, the Parliament needs to be aware that £250 million was provided for free personal and nursing care over the first two years of the scheme. The 2002 spending review provided a further £147 million in 2004-05 and a further £153 million in 2005-06. Total funding for the period 2006 to 2008 is £331 million. Those are substantial resources. When authorities flag up a gap between the allocation of money for free personal care and the money that was expended, they must remember that free care has always been provided. In the recent past, additional money was provided for free personal care for all. It is important that both funding streams are joined together.

---

Productivity

To ask the Scottish Executive what productivity is in the public sector in Scotland compared to productivity in England, Wales and Northern Ireland. (S2O-4752)

Aggregate measures of productivity in the public sector for the countries and regions of the United Kingdom do not currently exist. At UK level, the measurement of public sector output and productivity in the national accounts is being explored by the Atkinson review. The Scottish Executive, together with the other devolved Administrations, is heavily involved in that important work. We look forward to the outcome of the Atkinson review, which is due to be published early next year.

I, too, look forward to seeing the conclusions of the Atkinson review. I welcome the Executive's decision to include public sector productivity squarely in the efficient government review document and in discussions with Audit Scotland about how it can be analysed.

Is the minister aware that, in answer to a previous question, the Minister for Enterprise and Lifelong Learning indicated that 8 million days were lost to industry in Scotland through ill health or absenteeism? Given that many of the root causes of absenteeism in the public sector are the same as those in the private sector and that the public sector is the biggest employer in my constituency, will the minister ensure that the Executive makes links between the Finance and Central Services Department and the Enterprise, Lifelong Learning and Transport Department in responding to those root causes?

There is best practice and there are examples of good experience in the private sector from which the public sector can learn. I do not want in any way to avoid that potential benefit. We are examining closely the balance between the public and private sectors on this issue. When the findings of the Atkinson review appear in the new year, we will look closely at those detailed points.

---

Community Planning Partnerships

To ask the Scottish Executive what role community planning partnerships play in community regeneration. (S2O-4772)

Community planning partnerships have a key strategic role in agreeing joint objectives and co-ordinating the support of individual partners to target and regenerate the most disadvantaged communities. In particular, they have been tasked with developing and delivering regeneration outcome agreements, which will demonstrate how community planning partnerships are targeting and closing the opportunity gap both for geographic communities and communities of interest.

The minister is aware of the excellent work that has been done in recent years to regenerate deprived urban communities in areas such as Craigmillar in my constituency, under the auspices of social inclusion partnerships and backed by substantial Government and local authority investment. Will he give an assurance that in the move towards community planning partnerships, every effort will be made to learn from and build on the successes of such work and to avoid centralisation of approach so that local communities and the voices of local people will continue to be heard loud and clear in the future?

One of the key reasons for the change was to have a more integrated approach, so that the money that was going into community regeneration could be supplemented by mainstream funding. In addition, in the move towards community planning partnerships, there was a determination to maintain and enhance local involvement in decisions about those areas. A new initiative—the community voices initiative—has been started to ensure that local people are fully involved.

As part of the changes, the overall amount that goes into the fund has been increased. Last week, I announced £104 million for next year, which is a £9 million increase on this year and an £18 million increase over the average of the past three years. Of course, there is a new formula that helps some more than others, but I am sure that Susan Deacon will welcome the fact that in addition to the community regeneration fund money that is going to Edinburgh, we will also have substantial investment—£7 million over this year and next—in the urban regeneration company in Craigmillar.

---

Supporting People Fund

To ask the Scottish Executive what representations it has received about the impact of changes to the supporting people fund. (S2O-4737)

We have received representations from the Convention of Scottish Local Authorities, local authorities, providers, stakeholders and a range of other organisations and individuals. I have met COSLA and other stakeholders and listened to their concerns about the allocations that were announced on 1 October. I announced new allocations today, slowing down the rate of the necessary redistribution to provide greater protection for those councils that are most affected.

I thank the minister for his reply and welcome some of the transitional funding. I presume that the minister has received representation from Aberdeen, which has had a cut of between £3 million and £4 million in its funding from the supporting people fund. Does the minister share my concern about the impact of that cut on the many public and voluntary sector projects that are not short term but will require support for longer than is traditional? Will he ensure that the transitional support is not just a short-term fix?

The first thing to say is that the new allocations give double the funding that we had in 2002 and double the per capita amount that is available in England. That is the background.

In the figures that were announced today, the cash reduction for Aberdeen is 3.3 per cent over three years. All councils are being required to perform such service reviews and Aberdeen should be able to manage it. We should acknowledge the considerable sums of money that are going into supporting people.

There have been some difficult decisions to make. There was a review and we know that housing benefit from Westminster had to be changed into a Scottish system. I understand the difficulties with that, which is why I have had several meetings with COSLA to ensure that those councils that were most affected by the changes had longer to make the adjustments.

---

Communication Masts

To ask the Scottish Executive what action local communities or individuals can take when faced with the erection of a communication mast by Network Rail close to their homes. (S2O-4727)

The masts associated with Network Rail's new communications system benefit from permitted development rights, which grant them planning permission. Network Rail advises all planning authorities of the planned mast locations and invites them to comment on their proposals. Individuals or community groups should contact their planning authorities about discussions with Network Rail regarding the siting of the masts.

That is very helpful, because people are often at a loss to know how to complain. Is there some way in which people can make direct representations to Network Rail as well as approaching their planning authorities?

The correct procedure is to deal with the question through the planning authorities, but I cannot think of anything in the world that would prevent Donald Gorrie from writing to Network Rail if he wished to do so.

Through correspondence from me, the minister is aware of similar problems in Burnside in my constituency. Are there plans to review Network Rail's permitted development rights in light of the forthcoming planning legislation and the fact that 96ft masts are being erected across the Strathclyde area, often very close to people's houses, under the permitted development rights?

We have a very large programme for modernising the planning system. Currently, a proposal to review the permitted development rights is not part of that programme. However, given the large number of representations that have been made on those matters, I am certainly reflecting on them. We will certainly continue to think about that in the lead-up to the planning white paper and the planning bill that will follow in due course.

---

General Questions

---

Wild Atlantic Salmon

To ask the Scottish Executive what measures it is supporting to conserve wild Atlantic salmon. (S2O-4797)

We are addressing a range of issues relating to the conservation, management and exploitation of wild Atlantic salmon, including the development of area management agreements between wild fish and farmed fish interests, and the work of the International Atlantic Salmon Research Board of the North Atlantic Salmon Conservation Organisation.

The minister is aware that the impact of sea lice from salmon in fish cages is believed to hinder the regeneration of wild salmon stocks. Does he recall that, in the recent debate on aquaculture, mention was made of the urgent need to increase the number of different lice treatments that are available to salmon farmers? What progress, if any, has been made towards licensing new treatments for use in Scotland?

The issue of lice treatments was indeed raised in the recent debate on aquaculture. Earlier this month, my officials met the Veterinary Medicines Directorate, the Scottish Environment Protection Agency and representatives of the pharmaceutical industry and the fish farming industry to address the issue. All the parties involved in the talks have taken away action points on which they will work in order to up the range of available treatments. Of course, we recognise that pharmaceutical intervention is important, but we also recognise that the area management agreements, to which I referred, are critical in addressing the issues.

I am interested to hear the minister's discussion of area management agreements. I wonder whether the conservation of all aquatic species is taken into account in the agreements. I also wonder whether the minister will reflect further on whether he will contribute on that subject to the Environment and Rural Development Committee's inquiry on climate change in January.

If the Environment and Rural Development Committee called me to give evidence to that inquiry, I would be happy to do so. However, the focus of our work is on wild salmon and sea trout, which are the species that are most directly affected by the issues that we are discussing. Of course, where there are implications for other species, we would want to do something about those as well.

I am sure that the minister accepts that the decline in wild salmon and sea trout numbers in recent years has been significant and alarming. Does he agree that one of the main contributors to that alarming decline is the excessively high and uncontrolled seal population around our coast?

Do seals eat fish? Yes. Does that have implications for our management of the aquaculture industry? It does not, so long as cages are properly designed in accordance with regulations. Does John Farquhar Munro have a supplementary question? I suspect that he does, but that it may be for another day.

Given the poor performance of wild salmon stocks in west coast rivers and their excellent performance in east coast rivers, as was announced recently, is the minister prepared to commission research that will compare the health of wild salmon in west coast rivers with that of wild salmon in east coast rivers?

Research is on-going, including research into, for example, patterns of sea lice dispersion along the west coast of Scotland. All the research should be viewed in the context of the management of species around the coast and the fact that we seek to address issues, wherever they arise, in the most coherent way. If Robin Harper would like further information on the research that is under way, I would be happy to provide it.

To stop the present flagrant abuse, in some areas, of this country's angling laws, which can be damaging to our salmon, sea trout and brown trout stocks, will the minister move to introduce a closed season for non-indigenous rainbow trout, in line with that for our native brown trout? Further, will he give a commitment that forthcoming legislation on freshwater angling will not weaken the current legislation, which helps fishery managers to protect their fish stocks, the environment and their freshwater fisheries?

We want to consider a range of issues relating to freshwater fisheries and we shall do that carefully. To give a general response to the specific point that Jamie McGrigor raises, we recognise that all fish stocks present in our fresh waters are sustainable so long as they are properly managed. That is the area in which we will want to address our efforts.

---

Health Services (Centralisation)

To ask the Scottish Executive whether the centralisation of health services is a policy objective. (S2O-4799)

Our goal is to deliver services that are as local as possible but as specialised as necessary. For example, in Lanarkshire, the overnight palliative care nursing that is provided in Hamilton and East Kilbride enables 24-hour cancer care provision for patients in their own homes, negating the need for hospital admission. Similarly, investment in primary care has provided outreach services in health centres and clinics, meaning that patients who require warfarin do not need to go to hospital for blood tests or to have their dosage altered. A number of consultant-led clinics are now provided in local health centres, including dermatology, urology and colorectal clinics. There are many other good examples of the decentralisation of services, and we shall build on those and similar initiatives.

I am glad to hear that the centralisation of services is not a policy objective, because Opposition members have made it their job to try to portray it as such. Will the minister reassure my constituents and the wider public in Lanarkshire that the on-going consultation that is being led by NHS Lanarkshire is aimed at the modernisation and improvement of services, so that those services are delivered in Lanarkshire not as a cost-cutting exercise but as a clinical need that will improve services?

Opposition members are often wrong, and some of the language that they use adds to the scaremongering in many communities. Ninety per cent of our health care starts and ends in the local community in the primary care sector. We will, of course, have many more discussions about specialisation.

The member mentioned cost. The steps that we have taken to decentralise mental health provision in particular have been made at much greater expense to the taxpayer, but for much better service delivery in communities; patients have been moved out of the large institutions that some people want to keep open and into the community, where there is much better care. Of course, that is not the cheap option, but it is the right option.

In relation to the work that is going on in Lanarkshire, there is early engagement with the public and with users of the service, and no decisions have been made to date. However, I would expect that, as ever, we shall continue in the direction of travel, which is to localise as many of our health services as possible.

I listened to the minister's answer with extreme interest. The health service in Scotland is now more centralised than ever. An example of that is ministers appointing the chairmen of health boards. Is the minister prepared to reconsider that policy and take his hands off the health boards?

When Opposition members cannot win the argument on services on the ground, they turn to the bureaucracy. We heard the same thing earlier today from the other Opposition party in the chamber. In Mr Davidson's area, chemotherapy is now being delivered at local level. Practitioners in the Scottish Ambulance Service have electrocardiograph machines and clot-busting drugs. The service is decentralised at the most local level and, of course, there is also telemedicine. We shall continue in that direction of travel, which is to localise services as effectively as possible, because that is right for patients.

Does the minister agree that, in certain circumstances, gathering together specialists to shorten the patient journey and deliver better services to patients is entirely sensible and commendable? A good example of that is the proposal to gather together cardiothoracic and cardiology services and locate them in the Golden Jubilee national hospital. Does the minister agree that that is an excellent idea, which will help all the health boards and patients involved, and that it should be done as quickly as possible?

What lies at the heart of those proposals is the need to provide the right service in the right place for the patients, so that the right people can deliver a specialist service in a way that ensures clinical provision at the excellent standard that we all expect. That process will continue. In relation to the Golden Jubilee hospital, the proposals have yet to come to me formally, but I look forward nonetheless to the provision of that service in that great facility, which will expand further to help patients in Scotland.

I am heartened by what the minister says about the localisation of services. I refer him to the vital service that is provided by our cottage hospitals, including those in Jedburgh and Coldstream, which are under threat of closure by NHS Borders, against the express wishes of the entire community. Will he confirm that he has been sent a proposal by the Jedburgh general practitioners for redesigning their cottage hospital, which could be a model throughout Scotland? Will he consider that proposal very carefully? Does he agree that, for the time being, it would be imprudent for NHS Borders to close either hospital?

There is the contradiction. The Tories say that we centralise everything and complain that we have absolute control. The member says that we should get back into local areas to centralise control and prevent things from happening.

In fairness to the member, I should say that I have received interesting correspondence on the matter. Our strategy around community hospitals will be developed, in line with our partnership agreement commitment, and must include a balance of services in local areas. I am more than happy to consider the innovative proposals that are being presented by people from not just the member's area but other parts of Scotland, which will inform the Executive's thinking on a very important matter.

---

Renewable Energy

To ask the Scottish Executive whether, in light of Mr Jim Wallace's answers to questions S2W-12435 to S2W-12439 on 6 December 2004, it will carry out additional research into renewable energy and review its targets accordingly. (S2O-4697)

We are already carrying out research. A study by the University of Edinburgh, in conjunction with Scottish grid owners, will help us better to understand the full implications of the growth in renewable energy for our electricity network and will set out how that might best be managed, to maintain a stable power supply across Scotland. The study, which is mentioned in the written answer to the member's question S2W-12435, is due for completion in spring 2005.

Surely the minister realises that he has put the cart before the horse. He has set targets, but he does not have the facts on renewables. He does not have a clue about the savings in CO2 emissions. He does not have a clue about the requirement for back-up from conventional and nuclear plant to support renewables. He does not have a clue—

Is there a clue to a question somewhere in there, Mr Gallie?

I asked a question, but I am pointing out to the minister the error of his ways. How on earth can he set targets, when he cannot even quantify the relationship between installed capacity and generation output? Will he reconsider the matter and review the targets?

I pay tribute to the member's knowledge of the electricity generating industry. It is not possible accurately to predict the levels to which individual renewable technologies might contribute to Scotland's electricity generating capacity in future. However, we are confident that we will meet our target for 18 per cent of overall capacity to be generated from renewable sources by 2010. The purpose of the study is to consider how the mix of intermittent and base-load generation will need to be developed so that we can achieve our objectives on security of supply, which will be fundamental to our future economic prosperity, and meet our climate change ambitions.

---

National Health Service (Consultation)

To ask the Scottish Executive what requirement it has placed on national health service boards to consult local communities before closing services. (S2O-4722)

The National Health Service Reform (Scotland) Act 2004 places a new duty on the NHS to involve the public. The NHS is developing ways of engaging the local population in discussion about the future of the NHS and the services that it provides.

The minister will be aware from previous questions about Campbeltown hospital that Argyll and Clyde NHS Board failed properly to consult the local population before going ahead with a ward closure. At the Audit Committee's meeting this week, the chief executive of the board revealed that the Lomond and Argyll area has not contributed to the board's deficit during the past four years. Can the minister step in and force the board to reverse its decision to close the ward until proper local consultation has taken place?

Powers exist in relation to ministerial statements around such matters, but I am not willing to take such steps at the moment with regard to what is happening in the community. I have been assured that patients who require hospital care will receive that care and that the board will continue to develop and enhance its community services in line with national policy on how best to provide such services.

I am advised that, by mid-January, a team of four additional community nurses and care assistants will be in place, which will work with physiotherapy and occupational therapy teams and social work services to provide the services that the closure might affect. I understand that the board intends to involve local people more in shaping the community-based services in the light of the first few months' experience of the new arrangements. That is a step forwards rather than a step backwards, which I hope means that the community is being built into the process of finding some of the solutions that are sought on the provision of a much-needed service in the community.

I would like the minister to amplify his answer. What steps are being taken to ensure that decisions on reductions in, and closures of, NHS services are not being taken against the interests of remote communities? Such decisions could result in an overall loss of amenity that makes claimed savings a bit of a chimera, because equivalent costs will end up being borne by other agencies and individuals.

The requirements of patient safety and patient service should be at the heart of any change that any health authority or health board makes. The new arrangements seek to provide the type of community-based service that we are encouraging health boards to deliver throughout the rest of Scotland. Such services make care available in the appropriate location. They ensure that if people can get the care at home, they do not have to go to hospital in the first instance, and that people can come out of hospital and be cared for in the home environment. That is more appropriate, as it reduces patients' stay in hospital and allows them to be where they want to be—at home. We seek to resolve problems in that way.

On the specific situation in Argyll and Clyde, I am well aware of the community's unhappiness. I understand that the demonstration on the issue was attended by 1,500 people. As I have said to Mr Lyon and Mr Mather on previous occasions, I cannot emphasise enough that it is the job of health boards to engage properly with communities. Instead of presenting pre-cooked solutions to their health care problems, they should hold genuine and open consultation. There are good examples of that around Scotland and all health boards must follow those examples.

---

Double Effect

To ask the Scottish Executive whether there is a duty on doctors to report incidents under the doctrine of double effect. (S2O-4753)

As part of everyday clinical care, doctors, in accordance with their code of practice, make treatment decisions that are based on the best interests of the patient. Therefore, doctors face many and varied clinical situations in which double effect could apply. Although there is no duty on doctors to report incidents of the doctrine of double effect, they have a duty to record accurately the causes and contributory factors of death on a death certificate.

Does the minister share my concern that there is no reporting mechanism to cover situations in which a doctor administers to a patient extremely high doses of medicine that will bring about their death, even when that medicine is administered to alleviate pain? Similarly, there is no reporting mechanism to indicate whether such action was taken in accordance with the wishes of the patient.

Although there is no legal obligation for doctors to report incidents of double effect, boards have procedures and protocols in place for pain relief and seeking patient consent and audit practice in many relevant areas. Incident reporting provides further safeguards and there are statutory obligations to report unexpected deaths. Under fitness-to-practice proceedings, doctors may be called on to justify their decisions to their board, the General Medical Council or the courts, if necessary.

I am aware that Mr Purvis intends to consult on a possible member's bill in the new year. As I have already stated, the Executive has no plans to change the current laws on euthanasia and assisted suicide. However, it will welcome and listen closely to the debate.

---

East Coast Main Line

To ask the Scottish Executive whether it is making any representations about the new east coast main line franchise regarding services in Scotland. (S2O-4706)

Yes. In June of this year, we issued advice to the Strategic Rail Authority, which was taken into account in the subsequent tender for the east coast main line franchise.

The minister will be aware that Dunbar is one of only two stations on the Scottish rail network that is not served by ScotRail services and that there are just six Great North Eastern Railway trains to Edinburgh from Dunbar on weekdays. When he makes representations about the east coast main line franchise, will he back the case for having more trains to and from Dunbar, whether they are provided by the east coast franchisee, First ScotRail or Virgin Trains? Does he accept that there is an urgent need for better public transport for the rapidly growing population of the Dunbar area?

I recognise that need and was concerned when the original case that the Strategic Rail Authority submitted removed two Edinburgh to London services, which would have had a direct impact on the Dunbar services, as both services called at Dunbar. I am pleased that the SRA took into account the Executive's advice and will maintain the current level of services at Dunbar by using one east coast main line train and an additional cross-country franchise train. Both trains will stop at Dunbar.

However, we need to do more than that, which is why the Executive is supporting the current study into services between Edinburgh, Dunbar and Berwick. We have offered 50 per cent funding for a full Scottish transport appraisal guidance appraisal of improvements. There is the opportunity to upgrade services in the ScotRail franchise, and I believe that the route in question is one of the routes that requires careful scrutiny. There is a great opportunity to encourage more people in Dunbar and the surrounding area to make greater use of public transport and of an improved rail service.