PE/S2/07/4/M

4th Meeting, 2007 (Session 2)

Tuesday 20 March 2007

Present:

Also present: Rob Gibson MSP and Linda Fabiani MSP.

The meeting opened at 10.15 am.

1. Consideration of current petitions: The Committee considered and agreed action on the following current petitions:

PE535 Petition calling for the Scottish Parliament to urge the Scottish Executive to (a) make an inquiry into past institutional child abuse, in particular for those children who were in the care of the State under the supervision of religious orders and (b) make unreserved apology for said State bodies and to urge the religious orders to apologise unconditionally.

PE888 Petition by Chris Daly calling on the Scottish Parliament to urge the Scottish Executive, in the interests of those who have suffered institutional child abuse, to (a) reform Court of Session rules to allow ‘fast-track’ court hearings in personal injury cases; (b) review the implementation of the Prescription and Limitation (Scotland) Act 1973; and (c) to implement the recommendations of the Law Commission report on the Limitation of Actions.

The Committee agreed to await the publication of the reports of the Scottish Law Commission and the Independent Expert appointed by the Scottish Executive before deciding what further action to take in relation to this petition.

PE765 Petition by Jim Malone on behalf of the Fire Brigades Union, Tayside calling on the Scottish Parliament to urge the Scottish Executive to ensure the retention of the current 8 fire controls in Scotland.

PE795 Petition by Drew McFarlane Slack, on behalf of Highlands and Islands Fire Brigade, calling on the Scottish parliament to urge the Scottish Executive to ensure the retention of the current 8 fire controls in Scotland.

The Committee agreed to seek an update from the Scottish Executive on progress with its decision on the future of the 8 fire controls in Scotland.

PE768 Petition by Susan Bannatyne and Nicola Orr, calling for the Scottish Parliament to consider and debate the implications of the proposed Agenda for Change legislation for Speech and Language Therapy services and service users within the NHS.

The Committee agreed to seek the views of the petitioner on the response received from Amicus and to seek an update from the Scottish Executive and from individual health boards in relation to the assimilation by health boards of staff onto the Agenda for Change pay scales.

PE871 Petition by Rosemarie McIlwhan on behalf of the Scottish Human Rights Centre and G8 Alternatives Group calling on the Scottish Parliament to express its support for peaceful protest during the forthcoming G8 summit including at Gleneagles itself.

PE874 Petition by Shauna McIntyre calling on the Scottish Parliament to urge the First Minister to follow the advice of Sir Bob Geldof and lobby the G8 heads of state on the issue of global poverty.

The Committee agreed, on the basis that they relate to the G8 Summit held at Gleneagles in July 2005, to close consideration of these petitions.

PE886 Petition by James McKillop, on behalf of the Scottish Dementia Working Group, calling on the Scottish Parliament to urge the Scottish Executive and NHS Quality Improvement Scotland to ensure the continued availability on prescription of medications such as donepezil, rivastigmine, galantamine and memantine for use in the treatment of Alzheimer's Disease, and other forms of dementia.

The Committee agreed to seek the views of the Scottish Executive on the adoption of the NICE recommendations in relation to the donepezil, rivastigmine, galantamine and memantine.

PE900 Petition by Jade Allison, on behalf of Save Dalkeith Park Campaign, calling for the Scottish Parliament to urge the Scottish Executive to ensure that the proposal for the Dalkeith Northern bypass is comprehensively and properly assessed with data from 2005 and that the results are published and consulted upon before any contract is let.

PE928 Petition by Margot Russell, on behalf of Dalkeith and Danderhall Labour Party, calling for the Scottish Parliament to support the Scottish Executive proposal to build the Dalkeith bypass.

The Committee agreed, on the basis that the contract for the Dalkeith bypass has now been let and work on the bypass has now commenced, to close consideration of these petitions.

PE911 Petition by Paul Nolan, on behalf of Craigmillar Community Council, calling on the Scottish Parliament to consider and debate the implications of the Scottish Executive’s support for market led urban regeneration projects and the operation of privatised urban regeneration companies and in particular to consider the mechanisms in which local communities can influence and hold such companies to account.

The Committee noted that decisions relating to the redevelopment of Craigmillar have already been taken and agreed to seek the views of the Scottish Executive on the suggestion that the legislative framework in relation to urban redevelopment needs to be tightened.

PE923 Petition by Ben Conway calling for the Scottish Parliament to urge the Scottish Executive to promote pastoral and spiritual care in hospitals to ensure that the physical, psychological, social and spiritual needs of patients are properly addressed.

The Committee noted the current legal position making the provision of personal details to those seeking to deliver pastoral care unlawful and also noted the campaign by the chaplains’ professional association to be designated as part of the clinical team and agreed to seek views on the petition from the Information Commissioner for England and Wales and the Department of Health.

PE930 Petition by Lucy Johnson McDowall calling for the Scottish Parliament to urge the Scottish Executive to amend the Scottish Public Service Ombudsman’s Act to bring all aspects of Local Authority Administration, under the remit of the Public Service Ombudsman, without exception or exemption, and for the ethics and professionalism of local authority officials to be included in the remits of the Ombudsman or Standards Commission.

The Committee agreed, on the basis of the responses received, to close consideration of this petition.

PE934 Petition by Dr J W Hinton, on behalf of the Meteredparking Organisation, calling for the Scottish Parliament to urge the Scottish Executive to review the Local Authorities’ Traffic Orders (Procedure) (Scotland) Regulations 1999 to ensure that the local authority consultation in relation to traffic orders is full, meaningful and democratic.

The Committee agreed to seek the views of Glasgow City Council on the response received from the petitioner. 

PE938 Petition by Dr Patrick McNally calling on the Scottish Parliament to urge the Scottish Executive to ensure that clear, transparent and meaningful public consultation takes place when changes are proposed to public health services.

The Committee agreed, on the basis of the responses received, to close consideration of this petition. 

PE960 Petition by Claire McCready calling for the Scottish Parliament to urge the Scottish Executive to ensure that cranial abnormalities of babies, such as deformational plagiocephaly/torticollis, are properly recognised and treated by evaluating babies at birth and at 6 weeks; that appropriate advice is available to parents, including repositioning advice; and that cranial remoulding therapy is available free of charge from the NHS.

The Committee noted the increased knowledge and understanding of the condition that that this petition has generated and welcomed the publication, yesterday, of the NHS Scotland leaflet Protect your baby’s natural headshape: tummy time to play, back to sleep and agreed to ask the Scottish Executive whether it intends to conduct further research into deformational plagiocephaly/torticollis.

PE973 Petition by Aileen Orr calling on the Scottish Parliament to urge the Scottish Executive, following the recent closure of four Citizens Advice Bureaux in the Scottish Borders and the cuts in the opening hours of a further four centres, to ensure that adequate resources are provided to prevent cuts in services both in the Scottish Borders and elsewhere in Scotland.

The Committee agreed to write to the Scottish Borders Council, for information only, and, on the basis of the responses received, close consideration of this petition. 

PE974 Petition by Jesse Rae calling on the Scottish Parliament to urge the Scottish Executive to review the operation of the Accountant in Bankruptcy to ensure the rights and wellbeing of debtors and their families are fully considered during the sequestration process and to place all aspect of the sequestration process within the remit of the Scottish Public Services Ombudsman.

The Committee noted the recent passage of the Bankruptcy and Diligence etc. (Scotland) Bill and agreed to close consideration of this petition.

PE980 Petition by Mev Brown, on behalf of the NHSFirst Party, calling for the Scottish Parliament to adopt the "yellow card, red card" policy drafted under the Department of Health's "Zero tolerance" guidelines on the treatment of violent and abusive patients and to amend the Antisocial Behaviour etc. (Scotland) Act 2004 to allow hospitals and other NHS facilities to apply for antisocial behaviour orders against such patients.

The Committee agreed, on the basis of the responses received, to close consideration of this petition.

PE981 Petition by James Japp, on behalf of Neuropsychologists UK, calling on the Scottish Parliament to urge the Scottish Executive to (a) ensure that the recruitment and appointment of psychologists to NHS Scotland is based entirely on skills, competency and experience; and (b) initiate an independent review of neuropsychological provision within NHS Scotland.

The Committee agreed to seek the views of the Scottish Executive on the response received from the petitioner.

PE894 Petition by The Association of Caithness Community Councils calling for the Scottish Parliament to consider investment in infrastructure, rolling stock and timetabling as part of a strategic root and branch review of the provision of rail services between Inverness, Thurso and Wick, with unrestricted thinking on how best to shorten journey times and ensure the continuing future of the railway to these destinations. Thought should also be given to ensuring that the existing communities of the ‘Lairg loop’ are provided for.

The Committee agreed to seek information from HITRANS on the outcome of its consultation process and specifically on its position on the Dornoch Rail Link and to invite comments on the petition from the Caithness Partnership and the Caithness Transport Strategy Group.

PE920 Petition by Helen Smith calling for the Scottish Parliament to urge the Scottish Executive to commit further resources to the provision of NHS dentistry, in particular for the recruitment of NHS salaried dentists to provide emergency and comprehensive care and for the provision of dedicated NHS dentistry facilities.

PE922 Petition by Peter Thomson calling on the Scottish Parliament to look at implementing a different model to the current plan to ensure that NHS dentistry is available in remote and rural areas in the medium to long term.

PE1018 Petition by Keith Green, on behalf of Save NHS Dentistry (Kinross Group), calling for the Scottish Parliament to urge the Scottish Executive to restore NHS dental services throughout Scotland.

The Committee agreed to seek the views of the Scottish Executive on the responses received from the petitioners and in particular on whether it will introduce a statutory obligation to provide dental care on the NHS.

PE921 Petition by Rev. Ross Brown calling for the Scottish parliament to urge the Scottish Executive not to increase the tolls on the Forth Road Bridge.

PE925 Petition by George Campbell, on behalf of the National Alliance Against Tolls Scotland, calling for the Scottish Parliament to urge the Scottish Executive not to extend the tolling regimes on the remaining toll bridges (Erskine, Forth and Tay), but instead to take over the bridges and their approaches as part of the national road system and to remove the tolls forthwith.

The Committee agreed, on the basis that decisions in relation to bridge tolling have now been taken, to close consideration of these petitions.

PE942 Petition by Bill Cantley, on behalf of the ForthRight Alliance, calling on the Scottish Parliament to urge the Scottish Executive to desist from spending taxpayers’ money on preparing for the construction of a Second Forth Road Bridge before having at its disposal all the facts regarding the condition of the existing Forth Road Bridge on the grounds that any such expenditure would be both environmentally irresponsible and fiscally imprudent.

PE943 Petition by Mark Hood calling for the Scottish Parliament to urge the Scottish Executive to consider the need for a new Forth road bridge.

The Committee agreed, on the basis of the Scottish Executive’s decision to support in principal a new crossing for the Forth, to close consideration of these petitions.

PE931 Petition by Helen Irons, on behalf of Skin Care Campaign Scotland, calling for the Scottish Parliament to urge the Scottish Executive to review its policy on tackling the growing skin cancer epidemic in Scotland.

The Committee agreed to seek the views of the Scottish Executive on the need to implement an education strategy on skin cancer.

PE932 Petition by Stella Macdonald, on behalf of CRAG (Citizen’s Rights Action group), calling on the Scottish Parliament to urge the Scottish Executive to review the Supporting People Funding arrangements to ensure that vulnerable adults are in receipt of the responsive services required to keep them healthy.

The Committee agreed to seek the views of the Scottish Executive on the response received from the petitioner and in particular on the petitioner’s request that an audit of the unmet and emerging needs of vulnerable adults be carried out.

PE977 Petition by Paddy Imhoff calling on the Scottish Parliament urge the Scottish Executive to review its proposals for the controversial Aberdeen Western Peripheral Route in light of growing public concern with this project.

The Committee agreed, on the basis that the petitioner has had the opportunity to raise concerns regarding the Aberdeen Western Peripheral Route with the Scottish Parliament and that further opportunities will be provided by the statutory consultation process, to close consideration of this petition.

PE979 Petition by Najem Al Hasan calling on the Scottish Parliament to review the Building (Procedure) (Scotland) Regulations 2004 and the Local Government (Scotland) Act 1973 in order to permit competition between neighbouring local authorities in relation to the provision of building warrants.

The Committee agreed, on the basis that the case for permitting competition between neighbouring local authorities in relation to the provision of building warrants does not appear to have been made and that it is premature to make changes to the system for verifying that building standards have been achieved, to close consideration of this petition.

PE983 Petition by Raymond Bell calling for the Scottish Parliament to urge the Scottish Executive to ban the use of microchip implants on young people in Scotland.

The Committee agreed to forward, for information only, the petitioner’s response to the Minister for Health and to NHS Health Protection Scotland and, on the basis of the Minister for Health’s commitment that the Scottish Executive would examine closely any measures necessary to protect the health of those members of the public who might have microchip implant devices inserted, to close consideration of this petition.

PE984 Petition by Dr Colin Watson, on behalf of Scothedge, calling on the Scottish Parliament to introduce legislation to provide local authorities with the power to deal with complaints regarding vigorous growing trees, hedges, vines or other plants.

The Committee agreed to forward, for information only, the response received from the Department for Communities and Local Government to Scott Barrie MSP, to forward, for information only, the response received from the petitioner to Scott Barrie MSP and the Scottish Executive and to await the outcome of Scott Barrie’s consultation on a proposed High Hedges (Scotland) Bill.

PE985 Petition by Mick Napier, on behalf of the Scottish Palestine Solidarity Campaign, calling on the Scottish Parliament to congratulate the Palestinian people on their ability to conduct democratic elections while under Israeli occupation, to call for the ending of all sanctions against Palestine and to invite a Palestinian parliamentary spokesman to address the Scottish Parliament.

The Committee noted that a parliamentary motion had been lodged congratulating the Palestinian people on their ability to conduct democratic elections and calling for the ending of all sanctions against Palestine and agreed, on the basis that there are no plans to invite a Palestinian spokesperson to address the Parliament before the end of this parliamentary session, to close consideration of this petition.

PE986 Petition on behalf of Woodlands Primary School, calling on the Scottish Parliament to urge the Scottish Executive to take greater action to protect the public, domestic and non-domestic birds and animals from the dangers of broken glass, to promote the use of plastic bottles as an alternative to glass and to introduce a refundable deposit scheme aimed at reducing the levels of broken glass in public places.

The Committee agreed to seek views on the petition from the Scottish Beer and Pub Association, the Scottish Licensed Trade Association and the British Soft Drinks Association.

PE988 Petition by Ian Macpherson, on behalf of Harvieston Villas Residents, calling for the Scottish Parliament to urge the Scottish Executive to increase the Home Loss Payment.

The Committee agreed to await the outcome of the Scottish Executive’s review of the Home Loss Payment before deciding what further action to take in relation to this petition.

PE989 Petition by Colin Anderson calling for the Scottish Parliament to debate the issue of nuclear power, and whether (a) new nuclear stations are necessary in Scotland given our enormous renewable energy resources, (b) funding for nuclear power would be better invested in energy saving and renewables, (c) nuclear power is sustainable in regard to its fuel supply and waste disposal (d) plans exist to consult the Scottish public on the siting of nuclear stations and waste depositories.

The Committee noted the differing positions taken on this issue by the Scottish Executive and the petitioner and agreed, on the basis that a discussion in relation to points (a) - (c) of the petition had now taken place and that the Scottish Executive is committed to identifying potential sites for nuclear power stations in a open and transparent way with public and stakeholder involvement, to close consideration of this petition.

PE975 Petition by Malcolm Ouldcott calling on the Scottish Parliament to legislate that local authorities consider all environmental designations and, in particular, Areas of Great Landscape Value, when producing new Local Plans.

The Committee agreed, on the basis that a review of NPPG14 is now planned, the case for legislating to ensure that local authorities consider all relevant environmental designations when producing new Local Plans does not appear to have been made and that the petitioner’s primary concern would appear to be with Scottish Borders Council’s Local Plan, to close consideration of this petition.

PE990 Petition by Derek Rosie and Colin McCall. on behalf of Penicuik Community Education Association, calling on the Scottish Parliament to urge the Scottish Executive to review the provision of community leisure facilities across Scotland, given for example the proposed closure of Ladywood and Queensway Community Leisure Centres and the Jackson Street Community Learning Centre facilities in Penicuik.

The Committee noted the lack of a response to this petition from the Scottish Executive and agreed to write to the relevant Minister to seek a response and an explanation for the delay.

PE991 Petition by Andrew Nicoll, on behalf of the Fight for the Pingat Jasa Malaysia Medal campaign, calling for the Scottish Parliament to support the right of Scottish veterans to wear the Pingat Jasa Malaysia Medal.

The Committee agreed to consider in detail the responses received from the petitioner and the Cabinet Office before deciding what further action to take in relation to this petition.

PE992 Petition by Rev. Hugh M. Cartwright, on behalf of the Synod of the Free Presbyterian Church of Scotland, calling for the Scottish Parliament to urge the Scottish Executive to consider and debate the need for a weekly day of rest from work throughout Scotland and to encourage business and commerce to close on that day and that the day appointed be the Christian Sabbath.

The Committee agreed, on the basis that the evidence referred to by the Scottish Executive and the Department of Trade and Industry does not appear to support the closure of business and commerce on the Christian Sabbath, to close consideration of this petition. 

PE993 Petition by David Walker calling for the Scottish Parliament to amend the Education (Scotland) Act 1980 to remove the statutory requirement on education authorities to provide religious observance in Scottish schools.

The Committee agreed, on the basis that the case for removing the statutory requirement on education authorities to provide religious observance in schools does not appear to have been made, to close consideration of this petition. 

PE994 Petition by Margaret McCabe calling on the Scottish Parliament to review the Succession (Scotland) Act 1964 in relation to the statutory right of surviving children to part of the deceased's moveable estate.

The Committee agreed to await the publication of the Scottish Law Commission’s review of succession before deciding what further action to take in relation to this petition.

PE995 Petition by Robert Patterson calling for the Scottish parliament to urge the Scottish Executive to hold a public inquiry into the high number of drug related deaths in Scotland.

The Committee agreed, on the basis of the extensive activity in relation to drug-related deaths in Scotland already being undertaken and that the case for a public inquiry does not appear to have been made, to close consideration of this petition.

PE996 Petition by Alan MacKinnon, on behalf of the Scottish Campaign for Nuclear Disarmament, calling for the Scottish Parliament to urge the Scottish Executive to review the preparedness of schools to deal with the consequences of nuclear accidents/incidents and to introduce guidelines for local authorities on how to deal with such emergencies.

The Committee agreed to forward, for information only, the petitioner’s response to the Scottish Executive and agreed to suggest that the Executive responds directly to the petitioner in relation to the transportation of nuclear material and, on the basis that the petitioner is at least in part satisfied with the responses received, to close consideration of this petition.

PE998 Petition by Moria Lenehan, on behalf of New Fossils Grandparents Support Group, calling on the Scottish Parliament to urge the Scottish Executive to establish a national framework to provide financial, respite, social work and educational support for grandparents, relatives and friends who are carers of children who no longer live with their natural parents.

The Committee agreed, on the basis of the Scottish Executive’s commitment to fully analyse the responses to the consultation on the National Fostering and Kinship Care Strategy and to identify the scope for additional support to help meet the needs of children living with kinship carers, to close consideration of this petition.

PE999 Petition by Jim Milne, on behalf of Dundee Anti-Poverty Forum, calling for the Scottish Parliament to urge the Scottish Executive to review the school clothing grant system.

The Committee agreed, on the basis that there appears to be broad support for a review of the school clothing grant system, to seek the Scottish Executive’s views on the responses received.

PE1000 Petition on behalf of All Saints Secondary School, calling for the Scottish Parliament to urge the Scottish Executive to investigate the public health implications of cheaply available alcohol.

The Committee agreed to keep this petition open in order to allow its successor committee in Session 3 to decided whether to refer this petition to a subject committee.

PE1006 Petition by Bob Dickie, on behalf of Clydebank Asbestos Group, calling on the Scottish Parliament to urge the Scottish Executive to ensure that the current prescribing arrangements for mesothelioma sufferers under which Alimta is made available are continued.

The Committee agreed, on the basis of the responses received, to invited NHS QIS to reconsider its position that there are no contextual differences for Scotland in relation to the use of Alimta and to await the outcome of the NICE appeals process before considering what further action to take in relation to this petition.

2. Committee Annual Report: The Committee considered and agreed its Annual Report.

The meeting closed at 11.45 am.

                        David McGill
Clerk to the Committee