PE/S3/08/03/M

3rd Meeting, 2008 (Session 3)

Tuesday 19 February 2008

Present:

Apologies were received from Angela Constance MSP.

Also present: Brian Adam MSP, Keith Brown MSP, Malcolm Chisholm MSP, Kenneth Gibson MSP, Paul Martin MSP, Gil Paterson MSP, Mike Pringle MSP and Dr Richard Simpson MSP.

The meeting opened at 2.07 pm.

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

PE812 Petition by Caroline Paterson, on behalf of ‘Stirling Before Pylons’, calling for the Scottish Parliament to urge the Scottish Executive to acknowledge the potential health hazards associated with long-term exposure to electromagnetic fields from high voltage transmission lines and to introduce as a matter of urgency effective planning regulations to protect public health.

The Committee agreed to write to the Scottish Government to clarify how the principle of precautionary approach is being adopted by local planning authorities when considering application for new developments close to overhead power lines, what analysis it has made of the broad conclusions being formed through available national and international scientific research, whether its guidance, for example to local authorities, on this reflects the best available research analysis and whether it will bring forward statutory measures to address this matter.

PE1048 Petition by Kitty Bell, calling for the Scottish Parliament to alter NPPG19, to correct an anomaly (paragraph 21.4) thus ensuring that the “precautionary approach” also applies to pre-school children, and all children at play, thereby giving them the same protection from telecommunication masts as that of their older brothers and sisters whilst at school.
The Committee agreed to write to the Scottish Government on what its timetable is for its review of NPPG19, how this revision will clarify for local authorities the matter of precautionary approach and how it ensures that local authorities apply the precautionary approach in consideration of planning applications.

PE1087 Petition by Nancy Gardner calling on the Scottish Parliament to consider and debate using underground and, where appropriate, undersea cabling for new electricity transmission lines such as that proposed between Beauly and Denny. The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, Young Scot, Scottish Youth Parliament and First Group plc.

The Committee agreed to suspend further consideration of the petition until the report of the Beauly-Denny public inquiry is available and Scottish Ministers have reached a determination on this scheme. Further, that the Scottish Government should then respond to the Committee on what the wider impact is of the inquiry findings in terms of the approach to underground or undersea cabling and what action it will be taking.

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 close consideration of this petition on the grounds that the petitioner is content for the petition to be closed in view of the progress made in moving this issue forward and that the petitioner has a line of communication with the Scottish Government where the issue can be raised through the Dementia Forum.

PE1004 Petition by David Adam calling for the Scottish Parliament to consider and debate the environmental impact of animal gasification plants and to urge the Scottish Executive to ensure that the Scottish Environment Protection Agency has sufficient powers and resources to adequately deal with the environmental problems associated with burning and rendering animal carcasses.

The Committee agreed to seek a further update from the Scottish Government and SEPA, at the conclusion of the SEPA review, on what new procedures will be put in place.

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 to seek a further response from the Scottish Government and NHS Quality Improvement Scotland on what the impact of the recent NICE guidance on the use of pemetrexed will be and what revisions to existing clinical standards and guidelines will be required and when. 
  
PE1089 Petition by Morag Parnell, on behalf of the Women's Environmental Network Scotland, calling on the Scottish Parliament to urge the Scottish Government to investigate any links between exposure to hazardous toxins in the environment and in the workplace and the rising incidence of cancers and other chronic illnesses.

The Committee agreed to seek a response from the Scottish Government on what long term planning is being undertaken by it and other agencies to assess the long term health, social, economic and environmental impact of occupational exposures and to the suggestions for action set out by the petitioner. It also agreed to seek further written evidence from the World Health Organization, European Union, the UK Government and academia on what broad conclusions are being formed through available national and international scientific research
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The meeting was suspended at 2.54 pm and resumed at 3.01 pm.

PE1108 Petition by Tina McGeever, on behalf of Mike Gray, calling on the Scottish Parliament to urge the Scottish Government to consider the provision, on the NHS, of cancer treatment drugs, in particular cetuximab, to ensure equity across NHS boards on the appropriateness, effectiveness and availability of such treatments.

The Committee agreed to take forward the issues raised in the petition through an inquiry, which would gather evidence from the Scottish Government and all NHS Health Boards.

PE1105 Petition by Marjorie McCance, on behalf of the St Margaret of Scotland Hospice, calling for the Scottish Parliament to urge the Scottish Government to guarantee retention of continuing care provision for patients who require ongoing complex medical and nursing care, such as that provided at the 30 bed unit at St Margaret’s Hospice, and to investigate whether arrangements for funding palliative care provision at hospices in the context of HDL (2003) 18 are fair and reasonable.

The Committee agreed to seek a further response from the Scottish Government on whether there are any plans to review the 50% funding mechanism and what action it will take to facilitate a meeting between it, the NHS Board and the hospice board to consider funding issues and options for other types of care that the hospice might provide.

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 agreed to close consideration of this petition on the grounds that an adequate legislative framework exists to ensure there is scrutiny and public interest consideration of the work of urban regeneration companies.

PE913 Petition by Debbie Scott, on behalf of To Play or Not to Play, calling on the Scottish Parliament to urge the Scottish Executive to adopt a Play Strategy that recognises the right of all children in Scotland to a safe, accessible and challenging play environment.

The Committee agreed to write to the Scottish Government seeking a further response, once its early years strategy has been announced, on what its play strategy is, how that will be taken forward and how it will address the specific concerns of the petitioner.

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 write to the Scottish Government seeking a further response in six months time with a progress report on demonstrable improvements that have been made in enhancing and improving access to NHS dental services in all parts of Scotland, on how it is increasing retention amongst dentists in the NHS and whether it is on line to meet the targets set out in the dental action plan.

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 agreed to close consideration of this petition on the grounds that, with the publication of NHS national standards on chaplaincy services and the review and consultation work being undertaken by the multi-faith Spiritual Development Committee, it is satisfied that adequate consideration is being given to this issue. In closing the petition, it agreed to invite the Scottish Government to ensure that the petitioner is consulted on the review of existing guidance on this matter.

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 write to the Scottish Government inviting it to meet the petitioner, as part of its discussions with stakeholders, to discuss the new supporting people funding arrangements and the detailed questions posed in the petitioner’s written submissions and, thereafter, to submit a further response to the Committee on the outcome of that meeting and how the petitioner’s concerns have been addressed and resolved.

PE1020 Petition by Councillor Paul J Melling, on behalf of the constituents of Portlethen South Ward 60, Aberdeenshire, calling for the Scottish Parliament to consider and debate the safety issues for the requirements to construct a deceleration lane when accessing the Portlethen South Bruntland Road junction from off the A90.

The Committee agreed to seek a further response from Transport Scotland, once the A90 junction strategy study has been finalised, on what action will then be taken to provide the junction improvements requested by the petitioner. 

PE1067 Petition by Cllr Andrew S Wood and Cllr Gill Dykes, on behalf of Ward 8, Dumfries & Galloway, calling for the Scottish Parliament to consider and debate the need for immediate action to be taken on upgrading and implementing a safety strategy for the A76 road, increased signage of greater size and clarity, removing blind areas, taking out bad corners and erecting averaging speed cameras where speed must be controlled.

The Committee agreed to suspend further consideration of this petition until the publication of the Strategic Transport Projects Review and the initial results from the A77 SPECS pilot study are known and that Transport Scotland should then respond to the Committee to clarify what the impact of these will be on the issues raised in this petition.

PE1040 Petition by Mike Lowe, on behalf of members of Premier Bingo Clubs in Kirkcaldy, Cowdenbeath and Edinburgh, calling for the Scottish Parliament to urge the Scottish Executive to recognise that bingo clubs have been hit by both the smoking ban and an unfair system of taxation and to make representations to the UK Government to tax the bingo industry in the same way as it does the rest of the gaming industry.

The Committee agreed to close consideration of this petition on the grounds that the issues raised in the petition, such as the impact of taxation levels on the bingo industry, are best taken forward through consideration by HM Treasury and that the UK Department for Culture, Media and Sport is working closely with the Bingo Association to develop ways in which it can assist the industry.

PE1045 Petition by Tom Miller, on behalf of the Indigo Group, calling for the Scottish Parliament to consider and debate the concerns of employers and work-based training providers within the hairdressing industry following a change in policy by Scottish Enterprise which has led to a severe reduction in the number of young people being funded for hairdressing training in Scotland.

The Committee agreed to write to the Scottish Government on what the timetable is for the phasing out of the Skillseekers programme and what specific benefits it has assessed this will bring in terms of increasing the number of young people being funded for hairdressing apprenticeships. It also agreed to write to Scottish Enterprise and Highlands and Islands Enterprise to identify which apprenticeships are being promoted and what the demand is for hairdressing apprenticeships.

PE1047 Petition by Mark Carter, on behalf of the Hebridean Partnership, calling for the Scottish Parliament to consider and debate the failure of the existing coastal and marine national park/marine environmental protection process and the extent to which such failure is due to pressure from those individuals and industries which have a vested affiliated or commercial interest.

The Committee agreed to combine further consideration of this petition with PE1081 and to suspend further consideration of both petitions until the Scottish Government’s Marine Bill has been introduced into Parliament and to then seek a further response from the Scottish Government on how the Bill will address the specific issues raised in the petition and the management of the coastal and marine environment.

PE1081 Petition by Ronald Guild calling on the Scottish Parliament to urge the Scottish Executive to seek a UK-wide reappraisal of all government, local authority and NGO maritime and maritime air space responsibilities and organizations, taking into account EU and International Maritime Organization contexts and world-wide best practice.

The Committee agreed to combine further consideration of this petition with PE1047 and to suspend further consideration of both petitions until the Scottish Government’s Marine Bill has been introduced into Parliament and to then seek a further response from the Scottish Government on how the Bill will address the specific issues raised in the petition.

PE1049 Petition by Karen Shirron calling for the Scottish Parliament to urge the Scottish Executive to take responsibility for the maintenance of un-adopted open spaces, including footpaths, lanes, kerbs, car parks and roads, such as those at Heathryfold West, Aberdeen, where responsibility for the maintenance of such spaces was previously a matter for a government agency, such as Scottish Homes.

The Committee agreed to seek a further response from the Scottish Government on what analysis it has carried out into the impact of Scottish Planning Policy 11 on this matter and what consideration is given by local authority planners to this matter when applications for new developments are made. It also agreed to draw the petition to the attention of the Local Government and Communities Committee for its information when considering future planning regulations.

PE1050 Petition by Councillor Ann Watters, on behalf of Kirkcaldy Civic Society, calling for the Scottish Parliament to urge the Scottish Executive to introduce legislation to provide better protection for common good sites, such as Ravenscraig Park in Kirkcaldy, and to ensure that such assets are retained for their original purpose for future generations.

The Committee agreed to suspend further consideration of this petition until later in 2008 and to invite the Local Authority Scotland Accounts Advisory Committee and the Scottish Government to provide further responses on the preparation for finalising a common good asset register and what further actions have been taken in addressing the issues raised in the petition.

PE1013 Petition by Niall Campbell calling on the Scottish Parliament to urge the Scottish Executive to review the arrangements for managing scheduled and listed buildings, such as Rowallan Old Castle, to ensure that, where suitable and sensitive plans have been made for restoring such buildings by an owner in a way which will allow public access - such developments are encouraged to proceed.

The Committee agreed to defer further consideration of the petition until the outcome of the public local inquiry into the application and to seek a further response from Historic Scotland on what wider policy impacts the inquiry decision will have.

PE1078 Petition by Peter Paterson and the Save the Gillies Hill committee calling for the Scottish Parliament to consider and debate the need for new legislation to protect historic sites such as the Gillies Hill from physical destruction through mineral extraction, and to preserve such sites in their present condition for the amenity of the community.

The Committee agreed to seek a further response from the Scottish Government on its response to the Historic Environment Advisory Council for Scotland report and what action it will be taking and the timetable for this; when it will consult on its proposed Heritage Bill and how both of these will be relevant to this petition; and on the decision for an environmental impact assessment to be carried out. It also agreed to seek a further response from Historic Scotland on the outcomes and actions from its consultation on the Scottish Historic Environment Policy on protection of historic battlefields and how this, and other recently published SHEPs, will be relevant to this petition.

PE1094 Petition by Pamela Masson, on behalf of Braco and Greenloaning Community Council, calling on the Scottish Parliament to urge the Scottish Government to review the effectiveness of its planning procedures and policies, such as Scottish Planning Policy SPP4: Planning For Minerals, and its policies in relation to the protection of species and habitats in the light of proposed quarrying activity at Braco Castle Farms in Perthshire and to ensure that objections to such developments are properly and fully considered by the planning authority concerned through the statutory planning process.
The Committee agreed to close consideration of this petition on the grounds that the Scottish Government updated its Scottish Planning Policy 4 in 2006 as part of its rolling programme of updating such policies and that the Scottish
Government considers that adequate arrangements are in place to ensure appropriate scrutiny of mineral developments.

PE1095 Petition by Sybil Simpson on behalf of the Save Your Regional Parks campaign, calling on the Scottish Parliament to urge the Scottish Executive to provide greater protection for the National and Regional Parks of Scotland from industrialisation, including wind farms and their associated quarries, roads, cable trenches and sub-stations.

The Committee agreed to write to the Scottish Government to seek a further response on whether adequate protection is afforded to regional parks in terms of development, such as windfarms, and the pressure these are under and what consideration it has given to ‘discourage’ applications for windfarms in regional parks.

PE1065 Petition by Rajiv Joshi, on behalf of Young Scot, calling on the Scottish Parliament to use the Microsoft Government Leaders Forum Europe to promote the use of new and emerging technologies to enhance the engagement of young people in the democratic process and to encourage Parliaments throughout Europe to do the same.

The Committee agreed to continue its consideration of this petition and the issues raised as part of its inquiry into the petitions process which it will take forward in 2008.

PE1068 Petition by John Ferguson calling on the Scottish Parliament to urge the Scottish Executive to investigate the public health risks associated with racing pigeons and to introduce measures to ensure that racing pigeon lofts are not situated within residential areas and that responsibilities be imposed upon the owners for dirt, damage and diseases to the public.

The Committee agreed to close consideration of this petition on the grounds that adequate measures to address the concerns of the petitioner are currently available, such as, the Animal Health and Welfare (Scotland) Act 2006, the Environment Protection Act 1990, the Antisocial Behaviour etc. (Scotland) Act 2004 and relevant planning statutes.

PE1070 Petition by Sandra Hogg, on behalf of Scottish Council for Voluntary Organisations calling for the Scottish Parliament to urge the Scottish Executive to recognise the importance of village and community halls in rural Scotland and to (a) create a Scottish Halls Fund to refurbish or modernise community buildings to increase the level of community use and improve the range and quality of services provided; (b) fund a Village Halls Support Service; (c) create a fair relief scheme for water charges for charities that will maintain the exemption beyond 2010; and (d) work with appropriate partners to cut regulatory burdens and support the interests of Hall Committees.

The Committee agreed to write to the Scottish Government seeking a further response on the outcome of the village halls summit and what action it will take as a result.

PE1071 Petition by Ruchelle Cullen, on behalf of Lochinver Primary School Parents and Teachers Association, calling for the Scottish Parliament to urge the Scottish Executive to ensure that all primary school children, particularly those in remote and rural areas, have adequate access to visiting specialist teachers of music, art and physical education.
The Committee agreed to seek a further response from the Scottish Government on how it will increase availability and access to specialist music, arts and physical education instruction, what impact the loss of cultural co-ordinators will have. It also agreed to draw the petition to the attention of the Education, Lifelong Learning and Culture Committee.

PE1072 Petition by Councillor Frank Docherty, on behalf of the East Centre and Calton Local Community Planning Partnership and the Board of John Wheatley College, calling for the Scottish Parliament to take steps to enable John Wheatley College to be able to comply fully with the “Charities Test” established under the terms of the Charities and Trustee Investment (Scotland) Act 2005.

The Committee agreed to write to the Scottish Government seeking a response on how it will be taking its consultation on this matter forward, on precisely what will it consult, with whom and whether colleges will be retained on the register until the outcomes of the consultation are known.

PE1075 Petition by David Emslie calling for the Scottish Parliament to investigate the administration and operation of registered social landlords, such as Grampian Housing Association Ltd., and to investigate the role of Communities Scotland as the regulatory and inspection body and for such registered social landlords to be brought within the remit of Audit Scotland.

The Committee agreed to write to the Scottish Government seeking a response on how its consultation on the future of housing and its announcement to abolish Communities Scotland will improve the standard of inspection and regulation of registered social landlords and what regulatory body will be established to carry out this role.
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PE1076 Petition by D W R Whittet QPM calling for the Scottish Parliament to set up an Appeal Tribunal to review final decisions by the Public Services Ombudsman where any complainer so requests.
The Committee agreed to defer further consideration of the petition until the Scottish Government has indicated what action it will be taking arising from its response to the Crerar report. It also agreed to make the petitioner’s comments available to the Scottish Government.

PE1079 Petition by Laura Long calling on the Scottish Parliament to urge the Scottish Executive to review the eligibility conditions for the Educational Maintenance Allowance programme to take account of the number of children within the household between the ages of 16-19 in full-time education.

The Committee agreed to write to the Scottish Government on how and when it will be taking forward consideration of realigning educational maintenance allowance means testing with the new arrangements for further and higher education means testing and, should it take forward consultation on this matter, that it might wish to consider inviting student representatives to take part in any working group or the preparation of the consultation document.

PE1080 Petition by Lawrence Marshall, on behalf of the Capital Rail Action Group (CRAG), calling for the re-introduction of local passenger services on the Edinburgh South Suburban Railway.

The Committee agreed to seek further responses from the Scottish Government and the City of Edinburgh Council on the outcome of their recent meeting; what the findings are of the revised business case and the STAG appraisal and how these impact on the consideration of this proposed scheme.

PE1083 Petition by John Arthur calling for the Scottish Parliament to urge the Scottish Executive to support the creation of local museums such as the proposed Leith Museum.

The Committee agreed to seek a further response from the City of Edinburgh Council on what practical and financial support it can and will give to progress the establishment of a Leith Museum. It also agreed to seek a response from the Scottish Government on what action it will take to encourage applications and provide practical assistance, for example through capital grant funding, to assist supporters wishing to establish local museums and, on this specific proposal, whether it will consider establishing a working group to help progress this matter further. It also agreed to write to Scottish Enterprise to seek an update on the current waterfront visitor destination development plan.

PE1084 Petition by Walter Baxter calling on the Scottish Parliament to urge the Scottish Government to take immediate action to halt the merger of Scotland’s four neurological units and to give proper consideration to the impact of this for people in the Aberdeen and north of Scotland areas with brain injuries or trauma who would have to travel south for life saving treatment.

The Committee agreed to write to the Scottish Government on what the conclusions and recommendations are of the Neuroscience Implementation Group and what action it is taking in the light of that report including, how it will be consulting, with whom, on what and the timetable for taking this matter forward. It also agreed to write to the Scottish Intercollegiate Guidelines Network on its revision of the existing guidelines on the early management of head injury and what consideration these guidelines will give to the matter of the time and distance a patient may have to travel for treatment.

PE1085 Petition by Caroline Garrett, on behalf of YANA, calling for the Scottish Parliament to urge the Scottish Executive to provide total recognition for kinship carers.

The Committee agreed to write to the Scottish Government seeking a further response on the outcomes from its work with the Department of Work and Pensions and HM Revenue and Customs of the tax and benefits situation for kinship carers and on what role the reference group established will play in this matter. It also agreed to defer further consideration of the petition until the early years strategy is announced and for the Scottish Government to then respond on what recognition the strategy will give to kinship carers.

PE1086 Petition by Chris Paterson calling on the Scottish Parliament to urge the Scottish Executive to issue new guidance to health boards to remove excessive charges for car parking, particularly for those staff who work shifts and for whom public transport alternatives are limited.

PE1091 Petition by Mary Murray calling for the Scottish Parliament to urge the Scottish Government to review the levying by NHS Boards of car parking charges at NHS hospitals, such as that proposed by NHS Greater Glasgow and Clyde at Stobhill Hospital.

The Committee agreed to invite the Chief Executive and the Chairman of NHS Greater Glasgow and Clyde Board to give oral evidence on the issues raised in the petition at a future meeting of the Committee.

PE1088 Petition by Dr Robert Leslie, on behalf of the Educational Institute of Scotland North Glasgow College Branch, calling on the Scottish Parliament to conduct an inquiry into the salary levels and conditions of Further Education lecturing staff, presently seriously disadvantaged when compared with University lecturers and school teachers.

The Committee agreed to write to the Scottish Government seeking a further response on what actions it has taken that might encourage or create opportunity for discussion with trade unions and the further education sector on the option of establishing sector-wide negotiations on pay and terms and conditions for further education lecturers. It also agreed to seek view from the further education sector.

PE1090 Petition by John Drummond on behalf of the Scottish Grocers' Federation, calling for the Scottish Parliament to urge the Scottish Government to introduce a national proof of age card free for all 12-26 year olds.

The Committee agreed to write to the Scottish Government seeking a further response on how, given the apparent broad support for utilising and enhancing the existing Young Scot National Entitlement Card, it will maximise this support and take consideration of this matter forward through discussions with all relevant parties and the provision of funding.

PE1092 Petition by Ronald Mason calling on the Scottish Parliament to urge the Scottish Government to ensure that the long-term sick, elderly and disabled receive care on the basis of need and, in particular, that such care is provided seven days a week.

The Committee agreed to write to the Scottish Government seeking clarification on what the statutory requirements for care provision are, how they are assessed and by whom, and how it ensures consistency across local authorities on interpreting guidance and regulations. It also agreed to seek a local authority response on the issue.

PE1093 Petition by Helena Hamilton, on behalf of Friends of Cameron House Nursery School, calling on the Scottish Parliament to urge the Scottish Government to extend the guidelines governing proposed school closures to the proposed closures of nursery schools.

The Committee agreed to write to the Scottish Government, enclosing copies of the written submissions received, seeking a further response following its early years strategy announcement on how it will clarify the requirements and applicability of existing guidance and statutes relating to nursery school closures and whether a review and consolidation of existing legislation and guidance is required.

2. Notification of new petitions: The Committee noted the new petitions lodged since the last meeting.

The meeting closed at 5.24 pm.

Fergus D. Cochrane
Clerk to the Committee
Room TG.01, The Scottish Parliament
Edinburgh, EH99 1SP
0131 348 5186
fergus.cochrane@scottish.parliament.uk