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Public Petitions Committee Minutes of Proceedings

PE/S3/08/05M

5th Meeting, 2008 (Session 3)

Tuesday 18 March 2008

Present:

Bashir Ahmad

Nanette Milne

Claire Baker

Mr Frank McAveety (Convener)

Nigel Don

John Farquhar Munro (Deputy Convener)

Robin Harper

John Wilson (Committee substitute)

Apologies were received from Angela Constance MSP and Rhoda Grant MSP.

Also present: Cathy Jamieson MSP, Jamie Stone MSP and David Whitton MSP.

The meeting opened at 2.04 pm.

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

PE1116 Petition by Alexis Stevenson calling on the Scottish Parliament to urge the Scottish Government to ensure that a fully funded placement for free nursery education is provided from the date of a child’s third birthday.

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, Association of Directors of Education in Scotland, Scottish Pre-school Play Association, Shetland Islands Council, Stirling Council, Scottish Borders Council and East Dunbartonshire Council.

PE1125 Petition by David Manion, on behalf of Age Concern Scotland, calling on the Scottish Parliament to urge the Scottish Government to review and raise the current rate of Personal Expenses Allowance, which does not reflect the true cost of living, to allow care home residents to have independence, dignity and a good quality of life.

The Committee agreed to write to the Scottish Government seeking a response to the issues raised in the petition.

The meeting was suspended at 3.08 pm and resumed at 3.14 pm.

PE1132 Petition by Sharon Miller, on behalf of the community of Sorn, calling on the Scottish Parliament to urge the Scottish Government to consider whether it is satisfied that sufficient recognition is given by local authorities, when considering the closure of a rural school, to the adverse impact the closure would have on rural sustainability and development, where there exists higher than average pupil attainment, attendance and capacity levels and lower than average cost per pupil and to the additional capital and other costs of transferring the pupils to another school and whether the directions and guidance to local authorities fully reflect such circumstances.

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, East Ayrshire Council, Moray Council, Scottish Borders Council and Aberdeenshire Council.

PE1122 Petition by Vanesa Fuertes, on behalf of the Scottish Palestine Solidarity Campaign, calling on the Scottish Parliament to urge the Scottish Executive to make representations to the UK Government to ask the Israeli Government to lift all restrictions on Mordechai Vanunu and allow him freedom to travel.

The Committee agreed to invite the Scottish Government to make representations to the UK Government to raise with the Israeli Government the issues raised in the petition.

PE1130 Petition by Scott Reed calling on the Scottish Parliament, in light of the proposal to close Drummond Community High School in Edinburgh, to urge Scottish Ministers not to grant consent to school closure proposals where the school role exceeds 80% of the school’s capacity.  

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, City of Edinburgh Council, East Lothian Council, Perth and Kinross Council, Aberdeen City Council and the Accounts Commission.

PE1131 Petition by Wajahat Nassar, calling on the Scottish Parliament to urge the Scottish Government to consider the guidance issued to local and education authorities on the literature made available in local authority and school libraries. 

The Committee agreed to close consideration of the petition on the grounds that sufficient clarity and judgement exists in terms of current practices and that existing Scottish and UK legislation adequately protects freedom of expression.

PE1133 Petition by Jean Mullan calling on the Scottish Parliament to urge the Scottish Government to consider whether it is entirely satisfied and content with the procedures and timescales for notifying persons affected by planning applications and how it ensures that every local authority follows correct procedures to ensure that no individuals human rights are infringed and that each is given the opportunity to exercise their right to object to the application.

The Committee agreed to seek responses to the issues raised in the petition from Scottish Government, Royal Town Planning Institute in Scotland and Planning Aid Scotland

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

PE743 Petition by Madge Clark, on behalf of Murray Owen Carers Group, calling for the Scottish Parliament to urge the Scottish Executive to review the implementation of ‘“Same as You”, A review of Services for People with Learning Disabilities’ to ensure that the needs of Adults with Learning Difficulties still living at home and cared for by elderly parents are given the same level of support and community care opportunities as that given to hospital discharged patients.

PE822 Petition by Beatrice Gallie calling on the Scottish Parliament to urge the Scottish Executive to ensure that sufficient funding is made available to allow the implementation of “Same as You, A Review of Services for People with Learning Disabilities” so that all people with learning disabilities have a choice of living at home like anyone else with the support they need to live independently and have control over their own lives.

PE881 Petition by Rachel Cole calling on the Scottish Parliament to urge the Scottish Executive to review the findings of “Same as You, A Review of Services for People with Learning Disabilities” to ensure those with profound and complex needs are properly provided for.

The Committee agreed to invite the Scottish Government to submit a progress report on how its concordat with COSLA is improving services for people with learning disabilities and the “Same As You” strategy is being implemented and monitored. It also agreed to write to COSLA on these matters.

PE944 Petition by Gary Strachan calling on the Scottish Parliament to urge the Scottish Executive to (a) investigate why there is no presumption of equal access/residence for children with both parents after separation in Scottish law; (b) investigate bias against fathers as equal parents in the Scottish Court System; (c) investigate why contact orders are not enforced and (d) investigate why parental responsibilities and rights are ignored by the medical, welfare and governmental institutions to the detriment of children.

The Committee agreed to seek an update from the Scottish Government on the enforcement of contact orders and the timetable for the research being conducted on contact issues.

PE953 Petition by Ms Jean Gall, on behalf of the Scottish Association of Sleep Apnoea, calling on the Scottish Parliament to urge the Scottish Executive to increase awareness, promote the proper diagnosis and treatment and provide sufficient resources, including adequately funded sleep centres, to tackle the health problems associated with Obstructive Sleep Apnoea.

The Committee agreed to write to the Scottish Government and the Scottish Intercollegiate Guidelines Network seeking a more specific timetable for the review of Scottish Intercollegiate Guidelines Network 73 on the Management of obstructive sleep apnoea/hypopnoea syndrome in adults.

PE965 petition by Dean Widd, on behalf of the Parent Project UK Muscular Dystrophy (Scotland), calling for the Scottish Parliament to urge the Scottish Executive to ensure sufficient funding and resources are in place to combat Duchenne Muscular Dystrophy and to ensure that the care requirements of those with Duchenne Muscular Dystrophy are met.

The Committee agreed write to the Scottish Government seeking a response on the outcome of the meeting between the Muscular Dystrophy Campaign and the Minister for Public Health and how actions from that meeting will be taken forward.

PE966 Petition by Robert A Lambert, on behalf of Glenrothes Community Action Group, calling on the Scottish Parliament to consider and debate the lack of investment in swimming pools in Scotland, what action is being taken to address the Sportscotland ‘Ticking Time Bomb’ report published in 2000 and how the goal to “increase and maintain the proportion of physically active people in Scotland” is being met.

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.

PE1041 Petition by Leslie James Trotter, calling for the Scottish Parliament to urge the Scottish Executive to take the necessary steps to ensure that facilities and pitches used by all community-based sports clubs are of a standard befitting a leading European nation.

The Committee agreed to refer these three petitions to the Health and Sport Committee to take forward as part of its pathways into sport inquiry.

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 write to the Scottish Government requesting that the issues raised in the petition are included in its ongoing work on this matter and whether measures to address high hedge disputes could be achieved by ways other than primary legislation.

PE1012 Petition by Frank Beattie calling for the Scottish Parliament to urge the Scottish Executive to adopt a nationally co-ordinated and nationally funded scheme for marking people, events and places by erecting informative plaques at sites of local, regional, national or international importance.

The Committee agreed to write to the Scottish Government inviting it to establish a working group of interested parties, including the petitioner, to take forward consideration of whether a scheme, as proposed in the petition, might be feasible, how it might be funded and controlled and to then report back to the Committee.

PE1096 Petition by William McCormack on behalf of Dumfries Welfare Rights, calling for the Scottish Parliament to urge the Scottish Government to take action, either through the introduction of new legislation or enhancing the enforcement of existing legislation, to ensure that all advice agencies in receipt of lottery or public funding exceeding £25,000 pa are subject to annual compulsory monitoring by specialist independent audit / peer review bodies in order to assess the standard and quality of advice given to the public by the staff and volunteers in such agencies.

The Committee agreed to close this petition on the grounds that agencies in receipt of public funding are already subject to monitoring through the Scottish Government standards or Citizen’s Advice audits and that there is a lack of support in the responses received for a further level of annual monitoring which is seen as disproportionate to the level of funding involved.

PE1097 Petition by William McCormack on behalf of Dumfries Welfare Rights, calling for the Scottish Parliament to urge the Scottish Government to take action, either through the introduction of new legislation or enhancing the enforcement of existing legislation, to make it an offence for any local authority or public sector body to award a contract with a value exceeding £25,000 pa without first adopting a competitive tendering and best value-based approach.

The Committee agreed to close consideration of this petition as this is a matter for each individual local authority under the terms of the Local Government (Scotland) Act 2003 and current EU law. In addition, local authorities are already subject to checks from Audit Scotland and any attempt to introduce a further arbitrary financial figure may contravene current EU law.

PE1098 Petition by Lynn Merrifield, on behalf of Kingseat Community Council, calling for the Scottish Parliament to urge the Scottish Government to make provision for every school bus to be installed with three point seatbelts for every school child passenger and to ensure that, as part of a local authority’s consideration of ‘Best Value’ in relation to the provision of school buses, proper regard is given to the safety needs of the children.

The Committee agreed to write to the Scottish Government to clarify what consideration and bearing the decision of Moray Council to provide seat belts on all its school buses will have and what encouragement it will give other local authorities to follow that Council and whether and how it will take forward the suggestion of Scotland’s Commissioner for Children and Young People for a Children’s Rights Impact Assessment of seat belts in school buses. It also agreed to write to COSLA to determine what level of discussion has taken place around the issues raised in the petition.

PE1101 Petition by David Milne calling on the Scottish Parliament to urge the Scottish Government to (a) ensure that all relevant planning policies and guidance are adhered to and (b) consider the circumstances under which Scottish Ministers instruct local inquiries, when planning applications such as that for a housing and golf development at Balmedie are being considered.

The Committee agreed to close consideration of this petition on the grounds that the Local Government and Communities Committee has recently published its report on the handling of this application.

PE1102 Petition by Councillor Bill Herd calling for the Scottish Parliament to urge the Scottish Government to assess the impact that the UK Government’s recent announcement on the future of the Post office network, both sub post offices and Crown post office relocation, will have on rural communities in Scotland, such as Galashiels.

The Committee agreed to write to the Scottish Government on what plans it has to undertake an assessment of the economic, social and environmental impact the closure of rural post offices will have on rural communities and what role the Scottish Rural Development Programme will play in the light of such closures and what scope is there, perhaps through the concordant with COSLA, for local authorities to play a direct role in the provision of services through post offices.  It also agreed to write to Falkirk Council on this matter.

PE1103 Petition by Susan Moffat calling on the Scottish Parliament to urge the Scottish Government to prioritise the continuing development of strategic work on violence against women by following the 3 P’s approach – active prevention of violence against women and children; adequate provision of quality support services for women and children; and appropriate and effective legal protection for women and children.

The Committee agreed to invite a further response from the Scottish Government clarifying what specific action it is taking that is relevant to the issues raised in this petition, what action it is taking in terms educating children and young people on child sexual abuse, domestic abuse, rape and sexual assault and commercial sexual exploitation, how it will gauge the results of its recently launched information campaign to tackle violence against women and children, when its strategy following on from ‘Strategic Framework on Violence Against Women’ and its report on the Domestic Abuse Court in Glasgow will be published and how the conclusions and recommendations of these will be taken forward and what impact its concordant with COSLA will have on funding of support services in this area.

PE1104 Petition by Dixie Dean calling on the Scottish Parliament to urge the Scottish Government to consider the impact of mechanical vibrations transmitted down through wind turbine installations on peat, soils, invertebrates, fungi and bioaerosols lying at the very base of the food chain when considering applications for onshore wind farms and to commission research into the impact of such vibrations on such habitats and species.

The Committee agreed to invite the Scottish Government, and in particular its Chief Scientist, to consider whether the relevant Scottish Planning Policy and environmental impact assessment regulations require amendment to ensure that consideration of wind turbine vibration impact is fully considered during each windfarm application and what plans it has to commission detailed research into this matter and the long term impacts of such vibrations.

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

The meeting closed at 4.40 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