PE/S3/08/15/M

15th Meeting, 2008 (Session 3)

Tuesday 7 October 2008

Present:

Also present: Claire Baker MSP, Ted Brocklebank MSP, Annabel Goldie MSP, Paul Martin MSP and Tricia Marwick MSP.

The meeting opened at 2.00 pm.

1. Declaration of Interests: Bill Butler MSP and Marlyn Glen MSP did not have any relevant interests to declare.

2. Consideration of new petitions: The Committee gave consideration to the following new petitions—

PE1189 Petition by Anne Lear, on behalf of Govanhill Housing Association, calling on the Scottish Parliament to urge the Scottish Government to conduct an inquiry into the responsibilities of private landlords, the levels of social housing below tolerable standard, and the impact ‘slum’ living conditions has on the health and wellbeing of both residents and the wider community, and whether such conditions should merit housing renewal area status and additional Scottish Government funding.

The Committee agreed to seek responses on the issues raised in the petition from the Scottish Government, Home Office, Scottish Federation of Housing Associations, Private Rented Housing Panel, Glasgow Housing Association and a selection of local authorities.

PE1201 Petition by Netta MacKenzie calling on the Scottish Parliament to urge the Scottish Government not to adopt the main recommendations of the Shucksmith report on crofting in any future legislation including, breaking up the Crofters Commission, permitting non-crofters by mere virtue of residency to sit on crofting township development committees, and introducing burdens which will reduce the value of crofters’ homes thereby rendering borrowing impossible.

The Committee agreed to seek responses on the issues raised in the petition from the Scottish Government, Highlands and Islands Enterprise and Scottish Crofting Foundation.

PE1175 Petition by Dr Robert Grant, on behalf of Glenrothes Area Futures Group, calling on the Scottish Parliament to urge the Scottish Government to immediately improve and upgrade the A92 trunk road, in particular between Prestonhall roundabout and Balfarg junction, to reduce the number of hazards and accidents and bring about improved benefits to the local and wider economy.

The Committee agreed to seek responses on the issues raised in the petition from the Scottish Government (covering Transport Scotland), BEAR Scotland, AA, RAC, Tay Road Bridge Joint Board and the relevant local authorities.

PE1188 Petition by Nick Dekker calling on the Scottish Parliament to urge the Scottish Government to investigate the circumstances whereby it agreed that 60 hydro-power stations could be accredited for subsidy under the Renewables obligation scheme and that generation capacity could be cut to below the 20megawatt qualification threshold at others to enable accreditation and whether, in the interests of electricity consumers, it will rescind these accreditations.

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

PE1190 Petition by George Hunter calling on the Scottish Parliament to urge the Scottish Government to require local authorities to provide the Scottish Public Services Ombudsman and the complainant, at the point it is requested, with all information that is deemed relevant to any investigation that might be undertaken by the SPSO into a complaint lodged with it.

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

PE1192 Petition by Donald Ewen Darroch calling on the Scottish Parliament to urge the Scottish Government to state how it is supporting and promoting independent vehicular ferry routes between the islands and the mainland and how the planning system is playing a constructive role in supporting the economic and social future of such routes.

The Committee agreed to postpone further consideration of the petition until the Scottish Government’s Review and Strategy for lifeline ferry services is published in October 2009 and to then invite it to submit a response to the issues raised in the petition.

PE1194 Petition by Hanif Raja, on behalf of the Kashmir Movement (Scotland), calling on the Scottish Parliament to urge the Scottish Government to make representations to the UK Government to create a Kashmiri Committee at the UK Parliament to ensure that the humanitarian needs of the Kashmiri people are met and their legitimate right of self determination is granted without further delay.

The Committee agreed to close the petition on the grounds that foreign policy and international development are reserved matters and that it is for the UK Parliament to decide whether to establish a committee as asked for by the petitioner. In closing the petition the Committee agreed to send a copy of it to the Scottish Government for its information.

PE1195 Petition by Dr David L. McNally calling on the Scottish Parliament to urge the Scottish Government to place a statutory duty on local authorities to maintain common areas on new housing developments.

The Committee agreed to seek responses on the issues raised in the petition from the Scottish Government, Scottish Consumer Council, Patricia Ferguson MSP, Property Managers Association Scotland Limited, COSLA, Homes for Scotland and Royal Town Planning Institute (Scotland).

PE1196 Petition by Michael Brander calling on the Scottish Parliament to urge the Scottish Government to amend the Animal Health and Welfare (Scotland) Act 2006 as a matter of urgency to allow for the tails of working dogs to be docked.
The Committee agreed to seek responses on the issues raised in the petition from the Scottish Government, Royal College of Veterinary Surgeons, British Veterinary Association, Scottish Gamekeepers Association, Farm Animal Welfare Council, Scottish Society for Prevention of Cruelty to Animals, Advocates for Animal and Scottish Countryside Alliance.

3. Consideration of current petitions: The Committee gave further consideration to the following current petitions—

PE1061 Petition by Mr and Mrs Mark J Lochhead and Mr and Mrs Henry McQueen Rankin calling for the Scottish Parliament to urge the Scottish Executive to ensure that measures taken by communities to tackle anti-social behaviour in urban residential areas are not restricted by the duty of a local authority to uphold access rights under the Land Reform (Scotland) Act 2003.

The Committee agreed to write to the Scottish Government and East Renfrewshire Council seeking a response to the specific points raised during the meeting.

PE908 Petition by Connie M Syme calling for the Scottish Parliament to urge the Scottish Executive to ensure that traffic regulation orders are applied to all disabled parking bays to ensure that they are used by registered disabled users only.
PE909 Petition by James MacLeod, on behalf of Inverclyde Council on Disability Ltd., calling for the Scottish Parliament to urge the Scottish Executive to review the Local Authorities’ Traffic Orders (Procedure) (Scotland) Regulations to allow for speedier provision and enforcement of dropped kerbs and disabled parking bays to prevent their abuse, ensuring greater and easier access for disabled, elderly and other users.
PE1007 Petition by Catherine Walker, on behalf of Greater Knightswood Elderly Forum, calling for the Scottish Parliament to urge the Scottish Executive to prevent the improper use of disabled parking bays and to ensure that they are used by registered disabled users only.

The Committee agreed to close consideration of petition PE908 on the grounds that the Disabled Persons’ Parking Places (Scotland) Bill will cover the issues raised in that petition. In relation to petitions PE909 and PE1007, the Committee agreed to write to the Scottish Government seeking a response to the specific points raised during the meeting.

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 close consideration of the petitions on the grounds that the Scottish Government has stated that demonstrable improvements in the provision of dental services have been made. However, in closing the petitions, the Committee agreed to invite the Scottish Government to provide the petitioners with regular updates on how further work in this area is progressing.

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 close consideration of the petition on the grounds that the Public Health etc. (Scotland) Act 2008 addresses concerns of the petitioner in terms of the use of sunbeds in tackling incidences of skin cancer. However, in closing the petition, the Committee agreed to invite the Scottish Government to involve the petitioner in progressing work in this area.

PE1023 Petition by Dr H I McNamara, on behalf of Highland Senior Citizens Network, calling for the Scottish Parliament to urge the Scottish Executive to ensure that a greater proportion of residential care places for the elderly are provided for and staffed by the statutory sector, particularly in rural areas.

The Committee agreed to close consideration of the petition on the grounds that local authorities have a statutory duty to ensure the adequate provision of care services to meet the needs of their local communities and to consider how best to deliver this, either directly or through contracting with private and voluntary sectors. However, in closing the petition, the Committee considered that the petitioner has some pertinent views that could constructively be considered by the Scottish Government as part of its review of the future funding and delivery of long term care services for older people and that it should engage with the petitioner on these matters.

PE1032 Petition by Elizabeth McIntosh on behalf of Renfrewshire Seniors Forum, calling for the Scottish Parliament to urge the Scottish Executive to improve care for the elderly at a local and national level and, in particular, to improve the standard of care provision for the housebound elderly, and to ensure that seniors forums are fully consulted in relation to the provision of care for the elderly.

The Committee agreed to close consideration of the petition on the grounds that the Scottish Government has accepted in full the recommendations of Lord Sutherland’s review of free personal and nursing care and that it is currently taking forward the delivery of the twelve point action plan set out in that report; that the Government is working jointly with COSLA to take forward, through a Free Personal Care Joint Development group, commitments made in response to the Lord Sutherland review. However, in closing the petition, the Committee considered it is important that the petitioner, and other seniors fora, are proactively engaged by the Scottish Government in further consideration of policy in this area, including development of further campaigns of care standards and provision, and that it should put in place the necessary mechanism to provide an open route of communication to achieve this.

PE1036 Petition by John Moist, on behalf of the Remploy Consortium of Trade Unions, calling for the Scottish Parliament to urge the Scottish Executive, in partnership with Remploy and other sheltered workshop employers, to promote employment opportunities for disabled people by reserving local authority and/or government contracts to supported businesses, as permitted by EU Article 19 on Public Procurement.
PE1069 Petition by Clive McGrory calling on the Scottish Parliament to urge the Scottish Executive to encourage employers to provide home working opportunities for those with disabilities which prevent them from accessing the workplace.

The Committee agreed, in respect of PE1036, to suspend further consideration of the petition until early 2009 by which time the research commissioned by the Scottish Government into the issue of restricting participation in competitive tendering exercises to supported business will be published and to write to the Scottish Government seeking a response to the specific points raised during the meeting. In relation to PE1069, the Committee agreed to suspend further consideration of the petition for six months and to write to the Scottish Government seeking a response to the specific points raised during the meeting.

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 the petition for six months and to write to the Scottish Government seeking a response to the specific points raised during the meeting.

PE1077 Petition by Jennifer McKay calling on the Scottish Parliament to urge the Scottish Executive to introduce legislation to ensure that the original conditions pertaining to gifts of land to private and public bodies or owners be honoured where they provided access and benefits to the local community.

The Committee agreed to close the petition on the grounds that no valid burdens will disappear as a consequence of the extensive statutory reforms to title conditions, feudal tenure and land reform over recent years. Further, this programme of reforms was designed to make it easier to identify and enforce burdens.

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 write to the Scottish Government seeking a response to the specific points raised during the meeting.

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 reaffirmed the merit of this petition and agreed to write to the Scottish Government seeking a response to the specific points raised during the meeting.

PE1109 Petition by Janice Johnson, on behalf of Psoriasis Scotland-PSALV, calling on the Scottish Parliament to urge the Scottish Government to urgently develop clinical guidelines on the diagnosis and treatment of psoriasis and psoriatic arthritis: to develop national standards of care for people with psoriasis/psoriatic arthritis; and to define psoriasis and psoriatic arthritis as chronic conditions to be included in the list of conditions exempt from prescription charges.

The Committee agreed to close consideration of the petition on grounds that the petitioner has been invited to join the multidisciplinary committee responsible for developing clinical guidelines for psoriasis and psoriatic arthritis; that the petitioner has also been invited to participate in the forthcoming consultation on the work of NHS Quality Improvement Scotland to push the case for national standards of care for psoriasis and psoriatic arthritis; and that prescription charges will be scrapped by 1 April 2011, therefore, removing the requirement for psoriasis and psoriatic arthritis to be defined as chronic conditions exempt from prescription charges.

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 close consideration of the petition on the grounds that the First Minister has written to the Foreign and Commonwealth Office with a copy of the petition and a request that the UK Government make representations to the Israeli Government on this matter.

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

5. Inquiry into the public petitions process: The Committee considered a paper and agreed that its first oral evidence meeting on Tuesday 4 November would take the form of a scene setting evidence session and that the following witnesses should be invited:

• Scottish Council for Voluntary Organisations
• Association of Scottish Community Councils
• Dr Christopher Carman
• University of Strathclyde
• Hansard Society
• Citizens Advice Scotland
• Equality Network
• Young Scot
• CIVICUS
• Scottish Disability Equality Forum
• Scottish Independent Advocacy Alliance

The Committee also agreed a round table format for this oral evidence meeting.

The meeting closed at 5.07 pm.

Fergus Cochrane
Clerk to the Public Petitions Committee
Room T2.60
The Scottish Parliament
Edinburgh
Tel: 0131 348 5186
Email: fergus.cochrane@scottish.parliament.uk