PE/S3/08/10M

10th Meeting, 2008 (Session 3)

Tuesday 27 May 2008

Present:

Also present: Des McNulty

Apologies were received from Rhoda Grant.

The meeting opened at 2.00 pm.

1. Consideration of current petitions: The Committee took oral evidence on the following current petitions from Kenny MacAskill MSP, Cabinet Secretary for Justice, The Scottish Government—

PE504 Petition by Mr & Mrs Watson calling for the Scottish Parliament to take the necessary steps to stop convicted murderers or members of their families from profiting from their crimes by selling accounts of their crimes for publication.

The Committee agreed to write to the Scottish Government seeking a further response once the responses to the UK Government’s consultation paper have been published and future action on the issues raised in the petition has been agreed.

PE1059 Petition by Andrew Morton calling on the Scottish Parliament to urge the Scottish Executive to support a ban on the sale and use of airguns except for certified pest control purposes or for use at registered gun clubs.

The Committee agreed to write to the Scottish Government seeking a further response once a decision has been made by it on how it will proceed and tackle the issues raised in the petition.

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

PE1147 Petition by Mrs Annmargaret Watson, on behalf of Fire Reforms Actions Group, calling on the Scottish Parliament to urge the Scottish Government to review current legislation to ensure that each local authority is represented on the fire service joint board to ensure that board decisions reflect local concerns and views and to revise legislation which prevents local authorities from increasing fire cover without full joint board authorisation and to bring this into line with police service cover.

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, Chief Fire Officers Association, Fire Brigades Union and a selection of local authorities.

PE1151 Petition by Wilma Gunn, (founder and chairperson) on behalf of Scottish HART, calling on the Scottish Parliament to urge the Scottish Government to undertake a review into the need to establish a national heart screening programme for young people taking part in sport and families at risk and a national screening council to oversee such a programme.

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, University of Glasgow, National Screening Committee and sportscotland.

PE1152 Petition by Robert Kyle calling on the Scottish Parliament to urge the Scottish Government to allocate funding for the provision of permanent CCTV facilities in communities subjected to significant levels of crime.

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, COSLA and a selection of local authorities.

PE1141 Petition by Myles Fitzpatrick calling on the Scottish Parliament to urge the Scottish Government to consider whether it is satisfied with the policy and guidance issued by it under which NHS Boards may destroy a patients’ medical records and whether this policy in any way hinders the right of an individual whose records have been destroyed to then access medical treatment on the NHS.

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, NHS Quality Improvement Scotland, NHS National Services Scotland, University of Glasgow and a selection of NHS boards.

PE1157 Petition by Myles Fitzpatrick calling on the Scottish Parliament to urge the Scottish Government to abolish Rule 4.2(5) of the Rules of the Court of Session concerning rights of audience to allow individuals to conduct litigation without legal representation and to consider whether this Rule is contrary to article 6 of the European Convention on Human Rights on fair trial.

The Committee agreed to close consideration of the petition on the grounds that individuals can conduct litigation without legal representation and that a case where the relevant documents do not bear the appropriate signature could proceed.

PE1149 Petition by Kenny Shand, on behalf of Disability Help Scotland, calling on the Scottish Parliament to urge the Scottish Government to introduce legislation to allow for parking bays for disabled drivers with mobility impairments, for example outside that person’s home, to be allocated to the person who made the application and for such bays to be legally enforceable.

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, Baywatch Campaign and a selection of local authorities.

PE1153 Petition by Gerald Quin calling on the Scottish Parliament to urge the Scottish Government to make representations to the UK Government inviting it to apologise to displaced Palestinians for the actions of Arthur Balfour and to promote early implementation of United Nations General Assembly Resolution 194 of 11 December 1948 to secure the Palestinian peoples inalienable right to live in peace and security in any part of their historic homeland.

The Committee agreed to close consideration of the petition on the grounds that foreign policy is a matter reserved to the UK Parliament and there is no locus for the Scottish Parliament in this matter.It also agreed to pass a copy of the petition to the Scottish and UK Government’s for their information only.

PE1154 Petition by Mary McIlroy Hipwell calling on the Scottish Parliament to urge the Scottish Government to amend the Succession (Scotland) Act 1964 to allow a person, in their will, to leave their whole estate to a surviving spouse or civil partner and to abolish the right of adult children to then claim on that estate.

The Committee agreed to suspend consideration of the petition until the Scottish Law Commission has published its report on succession and to invite the Scottish Government to respond on how and when it will take forward this matter

PE1155 Petition by Elizabeth Cooper calling on the Scottish Parliament to urge the Scottish Government to amend the law to ensure that young people aged between 10 and 18 charged with serious offences are tried by the criminal justice system rather than the children’s hearing system

The Committee agreed to suspend consideration of the petition until the proposed reorganisation of the Children’s Hearings System has been carried out.

PE1156 Petition by Jimmy Deuchars, on behalf of Grandparents Apart Self Help Group Scotland, calling on the Scottish Parliament to urge the Scottish Government to review the administration of child and family law services to ensure they are operating in the best interests of the child.

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government.

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

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 close the petition on the grounds that the Scottish Environment Protection Agency’s revised enforcement policy is sufficiently robust to provide an effective system of inspection, monitoring and enforcement in terms of public health, safety and environmental protection at the plant and surrounding area.It also agrees to pass a copy of the petitioner’s latest letter to SEPA.

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 close the petition in the light of the National Institute for Health and Clinical Excellence recommendation on permetrexed as a treatment for mesothelioma sufferers; that NHS Quality Improvement Scotland has confirmed that no patients will be disadvantaged and that the petitioner has requested that the petition is now closed.The Committee congratulated the petitioners on their achievement.

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 seek a further response from the Scottish Government, once a decision has been made on water charges exemption, on how it will address each of the four key concerns raised in the petition and what issues and action points emerge out of its research into rural community facilities due for completion in October 2008.

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 when the new framework for learning and teaching will be issued, how that will meet the petitioner’s expectations and what level of funding and support it will provide to local authorities, schools and teachers.

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 close consideration of the petition on the grounds that the action asked for in the petition has been taken by the Scottish Government and that the necessary legislation is currently going through Parliament.

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 close consideration of the petition on the grounds that the issues raised in the petition were considered as part of the recent consultation on Firm Foundations which focuses on improving the standard of inspection and regulation of registered social landlords through the establishment of a new regulatory regime.

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 the specific circumstances which would require legislative changes to ensure a better level of protection for historic sites; what the likelihood of legislative change is and what action will be taken following the current Scottish Historic Environment Policy consultation on protection of historic battlefields.

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 seek a further response from the Scottish Government on whether applications for windfarms in national and regional parks should and could be ‘discouraged’ and whether it considers the protection from industrialisation offered to such parks is the best and most effective it can be.

PE1100 Petition by Bob Reid, on behalf of Scottish Auto Cycle Union and North Lanarkshire Scramble and Quad Bike Club, calling for the Scottish Parliament to urge the Scottish Government to review planning and environmental regulations to allow for the provision of safe local and national off road motorcycle facilities, including a Centre of Excellence in North Lanarkshire, as a way of tackling anti-social behaviour, promoting youth citizenship and improving health.

The Committee agreed to seek a further response from the Scottish Government asking it to meet with the petitioners as part of the review of PAN56 to develop a comprehensive planning advice note or planning policy on off-road biking and noise and to clarify whether there are any aspects of planning and environmental policies that would hinder the provision of such facilities and, if so, what action it will take to address these.

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 NHS Greater Glasgow and Clyde on the specific proposals that have been made to the Hospice on finding a suitable use for the beds that will no longer be required; what discussions have taken place with the petitioners about the proposals and asking it to comment on the specific points raised by the petitioner in her submission. The Committee also agreed to write to the Cabinet Secretary for Health stating its concern over the immediacy of the situation and to ask the Scottish Government to investigate whether the proposals represent the best long term investment in the Hospice and what scope there was for it to intervene in this matter.

4. Notification of new petitions: The Committeenoted the new petitions lodged since the last meeting.

5. Annual Equalities Report The Committeeconsidered and agreedits draft report.

6. Annual report: The Committeeconsidered and agreed itsannual report for the parliamentary year from 9 May 2007 to 8 May 2008.

The meeting closed at 5.14 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