SCOTTISH EXECUTIVE
National Health Service (Violent Patients)
To ask the Scottish Executive whether it plans to extend proposals to allow NHS boards to withhold medical treatment from repeatedly violent patients to include patients who threaten violence. (S1O-5437)
The draft guidance on violence and aggression covers the threat of violence and intimidation towards NHS staff.
The issue affects not only health care professionals in the NHS. Studies have revealed that violence and the threat of violence are most commonplace against pharmacists. Does the Scottish Executive plan to do anything about that? As I said, general practitioners, nurses and social workers are not the only people who are affected by the problem. Does the Scottish Executive plan to change the law to make an assault against a member of the public sector work force an aggravated assault?
The question is not a matter for me as Minister for Health and Community Care. However, having spoken to the Lord Advocate, I know that violence against NHS staff is taken seriously. I was pleased to launch the guidance last week; it was part of the larger guidance on health at work, which covers many issues. The guidance was developed in partnership, which is a strong feature of the way in which the NHS is run in Scotland.
Drug Misuse
To ask the Scottish Executive whether it plans to introduce a certificate in the management of drug misuse in conjunction with the Royal College of General Practitioners Scotland. (S1O-5428)
We are aware of the certificate in the management of drug misuse that the RCGP Scotland has developed. We are considering its relevance to Scotland, in liaison with professional, training and educational organisations.
I press the minister to move on the issue as quickly as possible. The National Assembly for Wales and the Westminster Parliament have adopted the certificate. It is entirely reasonable that GPs in Scotland should have the same access to the required training, because a huge percentage of people who present for primary care services are suffering from drug abuse.
I assure Margo MacDonald that we take the matter very seriously. Scottish training on drugs and alcohol, known as STRADA, is developing a certificate on addiction. That scheme will start in September and will be for all front-line staff who deal with drug problems; it will not be restricted to GPs. Addicts who are looking for a service will have a range of professionals to contact, rather than just a GP.
I join Ms MacDonald in pressing the Executive to act on the matter. Does the minister agree that we must do anything that we can to improve GP training to ensure that the methadone programme is implemented in each health board area as uniformly as possible and that we do not have the kind of variation that currently exists? That is where the certificate and any extra training would be of great help.
The STRADA certificate will encompass as many professionals as necessary. It is crucial that we do not restrict the service to GPs, because it is important that addicts have as many places to go as possible to access services.
Agriculture and Environment Working Group
To ask the Scottish Executive what action will be taken following publication of the agriculture and environment working group report. (S1O-5424)
There are 29 recommendations in the agriculture and environment working group's report, which I received last Thursday. The recommendations are varied and wide-ranging and the Scottish Executive will study them with great care. I expect to engage interested stakeholders directly in addressing the issues that the report raises and to ensure its implementation through the work of the agriculture strategy implementation group.
One of the recommendations is that the rural stewardship scheme should be extended to allow access improvements to qualify for funding. Given the support from all sides for the provision of a core path network, does the minister support that recommendation? Is he aware that not only is the rural stewardship scheme heavily oversubscribed, but the situation is even worse than the statistics show? I am told by my local farming and wildlife advisory group officer that she could put forward at least as many applications again as she does, but does not do so because of the perception that the scheme is so oversubscribed.
The member asks at least two questions. We must put into perspective the total funding that is available under the Scottish rural development programme, which is worth about £685 million over a four-year period. Expenditure on agri-environment improvement schemes has increased from £3 million just before the Executive took office to more than £21 million in the current year. Although I appreciate and acknowledge that there has been a huge increase in demand, the Executive has certainly been putting more money towards the project. Additional moneys are now available through the matched funding in the modulation programme.
Page 34 of the agriculture and environment working group's report states:
The agriculture and environment working group report states that GM crops are contentious and supports the Agriculture and Environment Biotechnology Commission's recommendation for a full, devolved debate on the issue. The report does not rule out GM crops, however—the whole paragraph should be quoted.
I acknowledge the work that has gone into the agriculture and environment working group's report, but I ask the minister to ensure that Scotland is not left behind on organics. Given that work on action plans on organic food and farming is already under way at the United Kingdom and European levels and that our sister Administrations in Wales and Northern Ireland already have action plans, there is a real danger that consumers and producers in Scotland will lose out. Will the minister commit the Scottish Executive to producing an action plan on organic food and farming?
I am not about to make a policy commitment in an answer to a supplementary question, but I can say that the working group's report contains a useful passage on organic farming. As I intend to implement the recommendations of that report, organic farming is one matter that will have to be taken seriously.
Community Councils
To ask the Scottish Executive whether it remains committed to supporting community councils. (S1O-5427)
Yes.
I thank the minister for that honest answer. However, if that is so, why has the Executive reduced its support in grant funding to the Association of Scottish Community Councils?
We have supported the Association of Scottish Community Councils for three years through a grant of around £81,000. Originally, that was designed as a tapering grant, but when I spoke at the association's annual conference a couple of weeks ago I said that, because we support community councils, I am sympathetic to considering a further grant application and to extending the funding. I hope that detailed discussions about the matter will take place in August.
The minister obviously recognises the important role of community councils, but is he aware of the work of Stirling Council, which is committed to extending local democracy through area forums and the Stirling assembly? That gives local people the opportunity to have a strategic overview of services and to have an input into decisions within their communities.
Where there are strong community councils, local councils tend to engage with them and to use them appropriately, as Sylvia Jackson points out. However, the pattern varies enormously. Where the community council network is not so strong, local councils seek to use organisations such as tenants associations and other community groups to engage with communities. The important issue is to find appropriate means of involving community bodies; community councils have a big part in that.
This afternoon, we will debate the document "Better Communities in Scotland: closing the gap". Given the important role that community councils have in community planning and other matters, will the minister explain why there is no mention of community councils in that document?
The white paper on renewing local democracy, which is currently out for discussion, refers to community councils. We see those councils as part of the local democratic structure. As I said, community councils are—and will remain—a significant method for councils to engage with communities about matters that concern them and their priorities.
Many community councils cover areas that were formerly royal burghs. Has the minister considered restoring the rights and privileges of historic royal burghs? In particular, will he consider restoring the title and style of provost?
I know where the question comes from. In Jamie Stone's home town of Tain, there is one Roddy Robertson, who argues consistently for the restoration to Tain burgh council of the fire, police and education services. On a serious note, in my time as a council leader, I encouraged the use of the term "provost" in communities that wanted to use it. In Dornoch, which is a neighbouring town to Tain, the term "provost" is used—I think that the title is given by the local community council. Indeed, in my home town in the Borders—Hawick—the same title is used for ceremonial purposes. It is possible to use the term and that is to be encouraged when people want to use it.
Has the Executive considered extending the powers of community councils by giving them proper budgets and the kind of money-raising powers that parish councils in England have?
That was one of the issues that was debated at the annual conference of the Association of Scottish Community Councils. There is a clear difference of view about it among community councils. Community councils were established on the basis that they did not carry local responsibility for the delivery of services. That was to leave them free to ascertain, co-ordinate and express the view of the local community to the Government or local council. If they deliver services, they may become the subject of criticism for the way in which they do so. There is by no means a consensus among community councils that they should be granted new powers. However, some local authorities have sought to bestow powers on community councils. Much more power is devolved to local community councils in Shetland and Orkney, for example. It is a matter of local choice.
Optometrists (Fees)
To ask the Scottish Executive whether it plans to revise the fee payable to optometrists in order to take account of extra time needed to conduct an eye test for an adult with learning disabilities. (S1O-5406)
No. To date the Scottish Executive has not been approached by the profession or any other body about that issue.
The minister will be aware of the sterling work that is undertaken by RNIB Scotland's Springfield day service at Bishopbriggs in my constituency. The service helps multiply disabled adults to live as independently as possible. The specialist staff there have a number of times raised with me their concern that the table that currently applies does not reflect the extra time that eye tests for adults with learning disabilities take, with the result that those adults are often overly dependent on the good will of certain optometrists. Does the minister agree that that is unacceptable, given our ambition to ensure that adults with multiple disabilities should have their needs met just the same as his or mine are met and that unidentified visual problems should be reduced and, eventually, eliminated?
I am happy to agree with Brian Fitzpatrick on his last point. I would be happy to open up discussion on how to address the concerns raised by the staff at the Springfield service. In addition, the independence of the opt— optomet— opticians—[Laughter.] That will teach me for trying to use the appropriate word.
When the minister opens up dialogue with optometrists, will he consider revising the fees for domiciliary visits for eye tests, particularly for elderly patients in remote or rural areas?
When I open up dialogue, I will get the pronunciation correct, too. We are happy to receive any evidence that professional bodies can gather to address the issue of the fees that are payable; we are happy to consider any deliberations on that. In the round, the aim is to address the way in which services are provided for those who enter an optician's. We need to share and extend good practice. Much of the issue is to do with some opticians' uncertainty in dealing with adults with learning difficulties. There does not seem to be any substantial evidence to suggest that, once the initial test is undertaken, any greater time is taken. We need to address the issue of what time threshold to apply initially and I reiterate that I am happy to receive views from professional organisations.
Police Bail
To ask the Scottish Executive what consideration it is giving to amending police bail conditions. (S1O-5413)
The police in Scotland have no powers to grant bail. Only the courts or the Lord Advocate can do so. Mrs Grahame may be referring to the powers available to the police under section 22 of the Criminal Procedure (Scotland) Act 1995, whereby the police may liberate a person who
I thank the Minister for Justice for correcting me on that. A court bail order can have a curfew condition attached, prohibiting someone who has been charged with an alcohol-related offence from being out between the hours of 7 pm and 7 am, thus denying them the opportunity to reoffend. Will the minister consider attaching a similar curfew condition to police bail, which the police have indicated to me would be a simple but effective measure?
Police liberation is at the discretion of the officer in charge of the relevant police station, with or without an undertaking by the accused to appear at a specific time before a specific court. That is very different from the standard conditions attached to bail as issued by the courts. The Lord Advocate issues the police guidelines on the subject. I am not aware that he currently has any plans to change those guidelines in any material way.
Will the Minister for Justice kindly confirm that priority will be given to witness protection from intimidation and violence when the persons accused of violent offences and crimes are released on bail?
Giving protection to witnesses and victims is an important part of our criminal justice system. We are evaluating the work of our police forces in extending adequate protection to witnesses and to victims of crime. For instance, the Strathclyde police unit that deals with such issues has been commended for its work.
Does the Minister for Justice agree that we should generally be more adventurous in the use of bail conditions? For instance, in my constituency, exclusion orders have been successful in excluding shoplifters from the entire city centre; the absence of those shoplifting offenders has made whole shopping centres easier to police.
As Pauline McNeill knows, a number of standard conditions are attached to bail. For example, the person must not commit an offence while on bail and must not appear with witnesses or otherwise obstruct the course of justice. Of course, the courts or the Lord Advocate can specify additional conditions, such as those that Pauline McNeill has suggested. Given those circumstances, I do not think that there is any limitation on what conditions of bail can be issued as long as they are appropriate to the particular case. However, that is a matter not for the justice department but for the Lord Advocate or the courts. I am, of course, always willing to entertain Pauline McNeill's suggestion that the justice department should be more adventurous.
Loan Sharks
To ask the Scottish Executive what action it is taking to support the work of local authorities and the police in respect of loan sharks. (S1O-5433)
The Executive is committed to tackling financial exclusion in all its forms. Illegal and extortionate money lending and the threatening behaviour that often accompanies such lending are unacceptable in modern Scotland. We are therefore fully supportive of moves by the Department of Trade and Industry to tighten existing credit law and strengthen the powers of local authority trading standards departments in this area. We will work with all key partners to tackle that crime.
Does the minister agree that the strengthening effect of the Criminal Justice (Scotland) Bill will be to encourage local authorities and the police to pursue non-harassment orders against loan sharks? Does she also agree that last night's debate in the chamber on how we can rid Scotland of the scourge of loan sharks gave much room for thought?
I am happy to give that confirmation. I support the community banking agreement model that has been developed in Wester Hailes. We congratulate the Bank of Scotland on that work and fully support such a move. The Scottish Executive is working in partnership with Communities Scotland to develop that.
What assessment has been made as to how widespread the practice of loan sharking is? Will the Executive consider the proposal from my esteemed colleague Fergus Ewing that the ill-gotten gains of loan sharks should be subject to legal attachment proceedings?
Obviously, we are giving great consideration to the legal issues. A number of matters relating to the subject are reserved, but the Protection from Harassment Act 1997 already gives the police powers to protect victims from loan sharks. As Trish Godman said, the Criminal Justice (Scotland) Bill, which is currently under consideration, will reinforce those abilities.
What discussions has the minister had with the police on the links between the financing that loan sharks receive and forms of criminality such as drug dealing? To some degree, the question links with the point that Kenny Gibson made.
I have had many discussions with the police on a number of criminal matters—not linked to me personally, I hasten to add—both as a constituency MSP and as a minister. In particular, the discussions have concerned drug trafficking, which Phil Gallie mentioned. I can only refer the member to my earlier answer, when I said that a range of actions need to be taken to tackle such illegal practices. As Minister for Social Justice, my emphasis is on the prevention of such practices; I leave justice matters to the Minister for Justice. However, the Executive recognises that a comprehensive approach is needed if we are to tackle such serious issues. I congratulate the Daily Record for highlighting the seriousness of the loan shark problem in Scotland's communities.
Schools (Improvements)
To ask the Scottish Executive what progress is being made in evaluating local authority bids for funding for school improvements. (S1O-5405)
Before answering the question, Presiding Officer, I hope that you will allow me a second or two to record our condolences to the families of the children and teachers from Largs Academy who were involved in a tragic accident in France this morning. They come from a close-knit community and I know that they will appreciate our thoughts being with them.
I am sure that everybody in the chamber recognises and responds to the minister's remarks about what happened earlier today in France.
I welcome the member's enthusiasm for the announcement that was made; it represents a significant investment for Dumfries and Galloway. I confirm that it is a matter for the local authority to decide how best to provide schooling in its area. The local authority is required to undergo the correct consultation processes. The fact that a project is a public-private partnership has no relation to the need for statutory consultation in certain circumstances. I know that the local council will have to look at that again and propose plans that will be developed in consultation with local communities.
The minister will be aware, however, that one of the consequences of large PPP projects is that a substantial proportion of the education revenue budget is committed for 25 to 30 years. Can the minister say what steps will be taken to ensure that that does not lead to a two-tier system of new or refurbished PPP schools, and other schools whose maintenance will suffer even more than it does at present because of increased constraint on budgets?
It is important to recognise that the significant investment that we have made covers not only the PPP projects, but a significant amount of money to every local authority in Scotland for the repair and maintenance of school buildings. I expect local authorities to use that money wisely and to ensure that urgent repairs are done and that the worst problems are tackled first.
Fishing Rights
To ask the Scottish Executive what steps it is taking to protect Scotland's historic fishing rights. (S1O-5411)
The Scottish Executive engages with the Commission at ministerial and official level and is an integral part of the United Kingdom negotiating team on fisheries. In those respective capacities, we are working to ensure that Scotland's interests are fully represented during the current review of the common fisheries policy.
Does the minister recall saying in the plenary debate on the CFP on 13 June:
There was a lot of sound and fury there, but I do not know whether it added up to much. Mr Stevenson will recall that in that plenary fisheries debate I made clear the Executive's position, which I will repeat. We will defend relative stability, just as we will defend the interests of the Shetland box and the Hague preference. Those matters are all fundamental to Scotland's historical fishing rights. I made that clear during the debate and I repeat it. What John Farnell, the commissioner and others say is important. I do not dismiss it. However, the crucial issue is what the Commission finally decides on the document that will revise the CFP.
I agree with the minister's comments. However, will the minister reflect further on the deep frustration that local fishermen feel at the Commission's handling of deepwater species—particularly at the lack of science to back up the deal that the Commission negotiated with the Spanish presidency? Will he undertake to ensure that, in future negotiations on CFP reform, it will be at the heart of his agenda that science will underpin stock assessment details?
I could not agree more with what Tavish Scott said. One of the fundamental reasons why we voted against the compromise that the presidency suggested and that the Commission—regrettably—supported was that it was wholly unsupported by science. I say to Tavish Scott that I made that position very clear to the commissioner and his cabinet. I find it unacceptable that, when we are trying to have a rational debate on proceeding with CFP reform and on how we deal with the conservation of stocks, we do so other than on the basis of good scientific advice. Such advice must be at the heart of any CFP review proposals on how to deal with conservation.
Does the minister agree that total allowable catches and quotas are not the right tools with which to manage deepwater species? What is his comment on the fact that Scottish fishermen are left with 2 per cent of the quotas, whereas French fishermen apparently have 80 per cent of the quotas for those species?
As Jamie McGrigor ought to know, the Scottish Executive's position, which was endorsed by the UK, was that we were opposed to using TACs in deepwater fisheries. We made that position very clear to the Commission when the proposal was first debated. I can only repeat that I find the final settlement highly unacceptable and that that is why we voted against it.
Will the Executive protect Scotland's historical freshwater fishing rights by setting up a democratically constituted Scottish anglers trust to administer all freshwater fishing rights in Scotland and to ensure more opportunities for ordinary anglers instead of protecting the privileges of the big landowners?
I am not entirely sure that that forms part of the common fisheries policy review, Presiding Officer, and I am not entirely sure that Mr Canavan would wish the European Union's common fisheries policy review to extend that far.
No.
I thought that we might be agreed on that at least.
The question was about historical fishing rights. It was not confined to Europe. [Applause.] Order.
I believe that, for the first time, aquaculture will be included in the revised CFP. There is some anxiety among fish farmers about the amount of support that they can expect and the amount of protection from non-European Union producers that they will have. Will the minister make a commitment that all the stakeholders in the industry will be consulted on the aquaculture section of the revised CFP so that we can achieve an outcome that allows us to continue to develop that high quality industry of ours, but do so in an environmentally responsible manner?
While the Presiding Officer is contemplating whether aquaculture is a historical fishing right, I will leap in to answer the question. I assure Maureen Macmillan that the Commission's draft proposals contain an important section that highlights the significant and integrated role that aquaculture will play in the future of our fisheries policy. I assure her that, as the Scottish Executive will consult all fishing sectors before we come to a view on how to respond to the definite proposals on CFP reform, the aquaculture sector will be included in that wide consultation.
The minister got his own back—aquaculture cannot be a historic fishing right.
Alcohol-related Deaths (Women)
To ask the Scottish Executive what steps it is taking to reduce the number of alcohol-related deaths in women. (S1O-5444)
The Executive's plan for action on alcohol problems incorporates several measures to reduce alcohol-related deaths. Those include local prevention, support and treatment activities, and funding for the Health Education Board for Scotland and Alcohol Focus Scotland to raise awareness of alcohol problems and undertake preventive activities with women in particular.
Does the minister acknowledge the importance of family support groups for people suffering from alcohol problems? If so, what support does the Executive provide to such groups throughout Scotland?
HEBS and Alcohol Focus Scotland are setting up a women and alcohol network, which will examine initiatives to support women with alcohol problems and their families. The network will involve the provision of services by a range of professionals.
Victim Support Scotland
To ask the Scottish Executive whether it is considering increasing core funding to Victim Support Scotland, given the increasing number of referrals to Victim Support Scotland following changes in data protection arrangements. (S1O-5407)
The Executive is delighted that the agreement that we reached with the information commissioner is resulting in an increase in referrals to Victim Support Scotland. The Executive has given a commitment to monitor funding, against the background of the steady increase in funding that VSS has received year on year.
The minister will be aware that, because of its success, Victim Support Scotland does not have the resources to provide the level of support for victims that is expected of it. Will the minister assure me that, in future, core section 10 funding will be made available to train volunteers to help those who have suffered from crimes such as murder and rape, in particular.
Victim Support Scotland receives the largest section 10 grant awarded by the Scottish Executive. Last year core funding was increased by 5 per cent. Funding for local services was increased by 10 per cent, bringing total funding to £1.37 million. The training budget was increased by 23 per cent. That illustrates the fact that we are working in partnership with Victim Support Scotland. I ask the Parliament to acknowledge the work that volunteers throughout Scotland do in this extremely important area.
Free Personal and Nursing Care
To ask the Scottish Executive how it is monitoring the introduction of free personal and nursing care for elderly people in the run up to 1 July 2002. (S1O-5418)
All local authorities have indicated that they will meet the regulatory and legislative requirements to implement free personal care for people currently in receipt of care in their area. The several visits that I have made to discuss implementation with front-line staff have confirmed that.
Is the minister aware of allegations that Angus Council social workers have been using bullying tactics in an attempt to implement free personal care by forcing elderly people who currently pay fees into council care? Will he seek from Angus Council an explanation of the behaviour that has led to those allegations being made?
We have been made aware of the concerns that have been expressed by individuals in the Angus area, and we are happy to investigate those. It is fundamental that across Scotland we work in partnership with independent care home providers and local authorities in the assessment process to ensure that the individuals who are at the heart of the personal care for the elderly strategy are supported and that their rights are respected. Many local authorities are following the guidelines and are happy to work within them to ensure that individuals receive the support and advice that they require.
It is right that at this time the Executive and local authorities should focus on introducing free personal care for the elderly. However, will the minister assure the chamber that he will also take a keen interest in the level of provision by local authorities of aids and adaptations? As he knows, those are vital in allowing older people to stay in their own homes for as long as they want.
I thank Duncan McNeil for that contribution. He raised the critical issue about personal care for the elderly that we must address in the long run. Much of the evidence that we have heard is that people want to stay at home and we have to try to ensure that there are support mechanisms for them in the community. Within the resource allocation to local authorities is an enhancement to ensure that the authorities can meet their obligations. We can meet those obligations and that is why I was disappointed this morning to hear the comment of the convener of the Angus Council social work committee, who tried to claim that there are not enough resources to meet the needs of personal care for the elderly. Perhaps if the parties involved had a dialogue about resource allocation we would be able to ensure that we can deliver.
In contradiction of statements that Alex Johnstone made in yesterday's debate, will the minister confirm that no complaint has been made to the Scottish Executive or Angus Council by Fordmill nursing home in Montrose, its parent company or any relative? Does he know that in the Angus Council area five times as many elderly people are in care homes that are run by private or voluntary organisations than are in Angus Council's care homes? Alex Johnstone's delusions do a disservice to a new system of care that we all want to succeed.
I will ask others to refer to how to address alleged delusions that Alex Johnstone may have about assessment procedures. The member raised the question of centrality. As I understand it, the care home provider organisation has sent an e-mail that expresses concerns that have been raised in Angus Council, but we have not had any formal applications from the client or the individual.
I apologise to the two members whom I could not call, but we must move on, because we are late in getting to First Minister's questions.
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