PE/S3/08/11M

11th Meeting, 2008 (Session 3)

Tuesday 10 June 2008

Present:

Also present: Brian Adam, Richard Baker, Malcolm Chisholm, Lewis Macdonald and Mike Rumbles.

The meeting opened at 2.01 pm.

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

PE1150  Petition by David Wemyss, on behalf of Aberdeen Prison Visiting Committee, calling on the Scottish parliament to urge the Scottish Government to consider whether large prisons remote from prisoners’ families offer the best way of rehabilitating offenders or whether, as an alternative, localised community prisons should be supported much more strongly to maintain genuinely easy access to family links and other community virtues.

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, Scottish Prisons Commission, Scottish Prison Service, Families Outside, Action for Prisoners’ Families, Scotland's Commissioner for Children and Young People, Sacro, Aberdeen Community Health Partnership, Association of Directors of Social Work, Grampian Police, Aberdeen City Council and Aberdeenshire Council.

PE1158 Petition by Kevin Hutchens, on behalf of Aberdeen Trades Union Council, calling on the Scottish Parliament to urge the Scottish Government to review whether it is making adequate and sufficient funding available to local authorities for the provision of public and voluntary sector services.

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, COSLA, Aberdeen City Council, Equality and Human Rights Commission, Aberdeen Council of Voluntary Organisations and Scottish Council for Voluntary Organisations.

PE1162 Petition by Sally Ann Elfverson, on behalf of the Learning Disability Alliance Scotland, calling on the Scottish Parliament to urge the Scottish Government to amend the National Concessionary Travel Scheme to ensure that people receiving the lower rates of the mobility and care components of Disability Living Allowance are eligible for a National Entitlement Card.

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, Equality and Human Rights Commission, ENABLE Scotland and Capability Scotland.

PE1160 Petition by John Swinburne calling on the Scottish Parliament to urge the Scottish Government to hold a referendum of the people of Scotland to determine whether they wish the UK Government to devolve full fiscal autonomy to the Scottish Parliament.

The Committee agreed to close consideration of the petition on the grounds that the Scottish Government is currently consulting, through its national conversation, on this matter and that a referendum is planned for 2010 and, further, that the Calman Commission is also currently reviewing the provisions of the Scotland Act 1998 to improve the financial accountability of the Parliament. 

PE1161 Petition by William Smith calling on the Scottish Parliament to urge the Scottish Executive to make mandatory the provision of an audio recording of civil court proceedings to those parties with additional support needs such as dyslexia.

The Committee agreed to close consideration of the petition on the grounds that the case for mandatory audio recording of civil court cases has not been demonstrated and that equality organisations do not consider it to be an issue. 

PE1163 Petition by Gregor Hamilton calling on the Scottish Parliament to invite Audit Scotland to conduct, without delay, an economy, efficiency and effectiveness audit of the office of the Scottish Public Services Ombudsman.

The Committee agreed to seek responses to the issues raised in the petition from the Scottish Government, Scottish Public Services Ombudsman and Audit Scotland.

PE1164 Petition by Lydia Reid, on behalf of Justice for the Innocents, calling on the Scottish Parliament to urge the Scottish Government to make representations to the UK Government to ensure that the Human Fertilisation and Embryology Bill prohibits the use of live embryos and the creation of hybrid human-animal embryos for research in Scotland.

The Committee agreed to close consideration of the petition on the grounds that issues relating to embryology and genetics are reserved to the UK Government under Schedule 5 of the Scotland Act 1998 and, further, that amendments seeking to remove from the Bill provisions allowing the use of hybrid embryos were recently discussed and defeated during consideration of the Human Fertilisation and Embryology Bill in the House of Commons.

PE1165 Petition by Lydia Reid, on behalf of Grandparents Apart, calling on the Scottish Parliament to urge the Scottish Government, given its responsibilities for family law, registration of births and other policy areas, to make representation to the UK Government to ensure that the Human Fertilisation and Embryology Bill creates a right for biological fathers to have their names on the birth certificate of their children born through IVF procedures.

The Committee agreed to close consideration of the petition on the grounds that Embryology, surrogacy and genetics are matters reserved to the UK Government under Schedule 5 of the Scotland Act 1998 and, further, that detailed examination of the Human Fertilisation and Embryology Bill recently took place in the House of Commons and this did not give biological fathers who are not the mother’s partner an automatic right to be named on the birth certificate of children born through IVF procedures.

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

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 write to Transport Scotland seeking a further update on what the timescale will be for improving the A90 junction into Bruntland Road.

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 close further consideration of the petition on the grounds that the issues raised are a matter for the hairdressing industry in conjunction with Skills Development Scotland, Sector Skills Council, Sector Skills Bodies and the Modern Apprenticeship Group.

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 close further consideration of the petition on the grounds that specific issues raised in the petition are contractual matters between individual owners and the housing association concerned and that the Scottish Parliament and Scottish Government have no locus to intervene and that the issues raised in the petition may best be taken forward in discussion with the local authority and Grampian Housing Association. 

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 asking it to respond, once the review of the EMA has taken place, on how the issues raised in the petition have been taken account, what the timescale will be for implementing the review’s findings and what reassurance will be given that changes will be notified to parents and young people.

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 write to the Scottish Government and National Museums Scotland asking them to work with the Leith Museum Group to develop a feasibility study and business plan for the proposed Leith museum.

PE1088  Petition by Dr Robert Leslie, on behalf of the Educational Institute of Scotland North Glasgow Colelge 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 close the petition on the grounds that the Scottish Parliament is not going to conduct an inquiry into this matter and that the issue of pay and conditions of further education lecturing staff is a matter between the staff and the individual colleges to negotiate. Further, that there are other fora, such as within the further education sector, where consideration of this matter can be taken forward.

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 an update in the light of the meeting of the newly formed sub group looking at this matter and what actions emerge from the sub group that will address the issues raised in the petition.

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

4. Inquiry into the availability on the NHS of cancer treatment drugs (in private): The Committee considered a draft report.

The meeting closed at 4.55 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