2nd Report, 2009 (Session 3)

Annual Report 2008-09

Remit and membership

Remit:

To consider public petitions addressed to the Parliament in accordance with these Rules and, in particular, to—

(a) decide in a case of dispute whether a petition is admissible;

(b) decide what action should be taken upon an admissible public petition; and

(c) keep under review the operation of the petitions system.

(Standing Orders of the Scottish Parliament, Rule 6.10)

Membership:

Bill Butler
Nigel Don
Marlyn Glen
Robin Harper
Mr Frank McAveety (Convener)
Anne McLaughlin
Nanette Milne
John Farquhar Munro (Deputy Convener)
John Wilson

Committee Clerking Team:

Clerk to the Committee
Fergus Cochrane

Assistant Clerks
Linda Smith
Franck David

Committee Assistant
Eileen Martin

Annual Report 2008-09

The Committee reports to the Parliament as follows—

Introduction

1. This report covers the work of the Public Petitions Committee during the parliamentary year from 9 May 2008 to 8 May 2009.

2. The public petitions system provides members of the public with direct access to the policy development and scrutiny processes. The existence of the Public Petitions Committee, dedicated to the consideration of petitions, means that petitioners can raise issues of concern directly with their Parliament.

3. The use of petitions remains an invaluable way in which members of the public can raise concerns at a national level and directly link the public into the policy and legislative development arena. The work of the Committee provides a very real example of the Parliament’s founding principles of access, participation and in particular, the sharing of power.

Petitions Considered

4. During the period of report, 112 new petitions were lodged, with the Committee hearing oral presentations in relation to 35 of these. In addition, it considered over 200 current (ongoing) petitions. The Committee held 20 meetings over the course of the parliamentary year.

5. The Committee continues to deal with a wide range of issues with health, transport, education and the environment being the issues of most concern in the petitions received from across Scotland.

6. New petitions on a wide range of issues were lodged. Such as the re-introduction of safe standing areas in Scottish premier league football stadia (PE1248), the provision of full fat milk in schools (PE1244), further education placements for students with complex needs (PE1180), and funding for young athletes in rural areas (PE1219).

7. Ongoing petitions considered by the Committee during the period of report covered subjects as diverse as hazardous toxins in the environment (PE1089), tackling high hedges (PE984), reduction of public transport fares for all under 18 year olds in full time education (PE1107), promotion of the services of independent midwives (PE1052), review of guidelines for the donation of blood to allow gay and bisexual men to donate blood (PE1135), and the continued exemption of churches and charities from water and sewerage charges beyond 2010 (PE1142).

8. Several petitions considered by the Committee over the course of the year had extremely positive outcomes which continue to demonstrate how our petitions system allows members of the public to feed into national policies and decisions relating to a wide range of subjects. For example, PE1012 called for the introduction of a nationally funded and co-ordinated scheme for informative plaques to be erected at sites of local, regional, national or international importance. As a result of this petition, the Scottish Government and Historic Scotland agreed to fund the creation of local plaque schemes.

9. PE1084 called for the halt of the proposed merger of Scotland’s four neurological units. Following this petition, the Scottish Government announced that neurosurgery would be retained on all four sites and the petitioner was invited to contribute to the work being taken forward on developing the managed clinical network for national neurological standards and services.

10. Petition PE1006 sought to ensure that the prescription arrangements for mesothelioma sufferers, under which a certain drug was made available, continued. As a direct result of this petition, and the work of the petitioners in raising this issue, the National Institute for Health and Clinical Excellence recommended that the prescription would be made available to all mesothelioma sufferers. Further, NHS Quality Improvement Scotland confirmed that no patients would be disadvantaged.

E-petitions

11. The e-petitions system continued to provide members of the public, including petitioners, with the opportunity to sign and comment on petitions before they are formally lodged. Two-thirds of all new petitions lodged start off as e-petitions, with 77 being lodged during the period of report. The system provides 24/7 availability and allows people from across the world to support and discuss petitions. The site now regularly records hits of over 1 million per month.

12. There has again been international interest in e-petitions with legislatures from other countries discussing with the Committee the benefits which e-petitioning has brought. Of note, was the Petitions Committee of the House of Representatives of the Parliament of Australia which, as part of its investigation into e-petitioning, discussed this issue with Committee members via videoconference. This followed a visit to the Parliament by the Chair of the Committee. The Committee will be hosting a further videoconference between the two committees.

Information sharing

13. The Committee hosted inward delegations from a number of countries which reflects the international recognition of the role of the Committee itself, the e-petitioning system and the management of the petitions process generally. This included delegations from—

• Julia Irwin MP, Chair, Petitions Committee of the House of Representatives of the Parliament of Australia
• The Deputy Leader of the House of Commons
• Petitions Committee of the National Assembly for Wales
• Delegates from the John Smith Fellowship Programme
• Wolverhampton Council
• North East England Scrutiny Network

14. The Committee was particularly pleased to be able to facilitate a formal meeting at the Scottish Parliament of the Petitions Committee of the National Assembly for Wales. The meeting was part of its formal evidence gathering from Scottish bodies on a petition into access to inland waterways. We continued to discuss with our colleagues in Wales further improvements to our respective petitioning processes.

15. Our Clerk also gave a number of presentations on the petitions process to visiting delegations, such as officials from the Office of the National Assembly of Vietnam, and worked alongside the Parliament’s community participation team in further increasing awareness of the petitions process amongst more hard to reach groups.

Inquiries and Reports

16. One of the big highlights of the year was the completion of our inquiry into the availability on the NHS of cancer treatment drugs. During the course of the inquiry, which followed our consideration of PE1108, the Committee received 28 submissions and heard oral evidence from patients’ representatives, clinicians and representatives of the key medicines organisations as well as the petitioner. We were privileged to have taken this inquiry forward. The inquiry report was published in June 2008 and reached a number of important conclusions including the need for greater clarity on the funding of non-NHS cancer treatment drugs, that data should be gathered across all NHS boards on how the ‘exceptional prescribing’ processes work and how guidance issued by the drug appraisal bodies is being implemented. The procedure was perceived as not working in the best interests of the patient.

17. The Scottish Government published its response to this report and also took part in the debate in the Chamber on 1 October 2008 when this petition was discussed. Our scrutiny of the follow-up action by the Scottish Government in the light of this inquiry continues.

18. The Committee also began an inquiry into the public petitions process. The purpose of this was to investigate ways to increase awareness of, and participation in, the petitions process. This investigation sought to ensure that the Scottish Parliament’s public petitions system continues to evolve and maintain its place as a world leader in the involvement of the public in influencing and shaping national policies. In connection with this inquiry the Committee commissioned an independent survey by Ipsos MORI in association with Dr Christopher Carman, University of Strathclyde. The inquiry report is due to be published in June 2009.

19. The Committee published four reports during this period. A further petition of note was PE1171 which sought mandatory custodial sentencing for those found carrying knives. The Committee, as part of it scrutiny of the petition, hosted a debate in the Parliament Chamber on 23 January 2008. The purpose of the debate was to bring together for the first time a wide cross-section of groups and individuals affected by knife crime such as the victims, young people, police, the legal profession, community groups and medical staff. The Committee published its report shortly thereafter and our scrutiny of the petition continues.

20. Undertaking these inquiries is evidence of the Committee’s desire to further develop the petitions process and the role of the Committee itself.

Bills and Subordinate legislation

21. The Committee did not deal with any bills or subordinate legislation during the year.

Equalities

22. Since 2005 the Committee has published a separate equalities report based on statistics collated from equalities monitoring forms (Annex A) completed and returned by petitioners. In order to give a clearer indication of the equalities work of the Committee, it was agreed that these reports be merged.

Equal Opportunities Monitoring Form: Summary of Responses
23. Between 9 May 2008 and 8 May 2009, 38 equalities forms were returned.

24. Any discrepancy in total percentages is due to the fact that not all respondents answer every question but the figures provided are based on a percentage of the total responses received and not percentages of total petitioners.

Age

25. Total percentage of petitioners aged 16-44 is 26.34% as opposed to 23.24% in 2007-2008. However, of the 38 responses, 27 petitioners indicated that they were 45 or older which is 71.04% of the total. The 2001 census records that 40.5% of Scotland’s population is over 44.

Gender identity

26. The percentage of female petitioners was 39.47%. The percentage of female petitioners in 2007-2008 was 34.88%. The 2001 census data shows that 52% of Scotland’s population is female.

Sexual orientation

Disability

27. 15.78% of respondents indicated that they have a disability compared to 25.58% in the previous year. This also compares to the 2001 census report which states that ‘20% of the population indicated that they had a long-term illness, health problem or disability that limited their daily activities or the work they could do’.

Language (What is your preferred first language?)

28. The response rate to this question was 100% compared with 93.02% in 2007-08.

Race/ethnic group
White/White Scottish/White British: 92.1%
Black/Black Scottish/Black British: 2.63%
Asian/Asian Scottish/Asian British: 0%
Mixed: 2.63%
Gypsy/Romany/Traveller: 0%
Other (specified White): 2.63%

29. The figures in the 2007-08 report were White/White Scottish/White British 90.00%, Asian/Asian Scottish/Asian British 2.32%, and Mixed 2.32%.

30. The 2001 census report states that: "Some 2% of the population in Scotland were from a minority (non-White) ethnic group."

Employment status

31. The comparable response rates for 2007-08 were: employed full-time 34.88%, employed part-time 4.65%, self-employed 13.95%, unemployed 2.32%, retired 23.25%, voluntary workers 6.96% and "other" 9.32%.

Geographical location

32. Compared with the geographical location of respondents in the 2007-08 report, there are significant increases in petitions from Mid Scotland and Fife, South of Scotland and West of Scotland and significant decreases in petitions from Lothians and Glasgow. There is no comparable data in the 2001 census.

33. In summary, the data collected for this report shows that—

(a) 71.04% of respondents are over 45 years of age;
(b) 44.73% of respondents are over 60 years of age;
(c) 39.47% are female compared to the national census data which gives the female percentage of the population as 52%; the current percentage is, however, an increase on 2007-2008 of 4.95%;
(d) 86.84% of respondents are heterosexual and 5.26% are a gay man and 7.89% have not answered the question.
(e) 15.78% of respondents are disabled - this compares with 25.58% in 2007-08 and the 20% of the population in the 2001 census report;
(f) None of the respondents indicated that their first language was anything other than English or Scottish;
(g) while 92.10% of respondents were White Scottish/British, 2.63% were Black Scottish/British, 2.63% were mixed race and 2.63% Other (White Irish). This compares with the 2001 census which gives a figure of 2% of the Scottish population as ethnic minority;
(h) the most significant changes in employment status of respondents were an increase in self-employed respondents and a decrease in retired respondents. There were slight variations on the other categories. There were, however, respondents from all categories;
(i) while there were changes in the geographical source of petitions compared with 2007-08, there were significant increases in petitions from some areas, and petitions were received from all areas of Scotland.

General Comments
34. The monitoring form also includes an opportunity for respondents to provide general comments about the use of the public petitions system and suggestions for improving its accessibility. Comments received during the period of this report include—

“I realise you are aware of the server problems you currently have with your e-petitions system, I have been advised by some people that the delay in accessing the system put them off signing my petition, therefore, I would recommend that this matter be resolved as a matter of urgency.”
“The e-petition is an excellent IT tool that enables public involvement in issues. The Scottish Parliament is to be congratulated for encouraging such participation and interactivity.”
“Should be advertised better – library, sport centres and local (weekly) newspapers.”
“There were some access problems early on, but otherwise easy to use.”
“Great idea, but site very slow and often inaccessible when people try to sign.”
“I have found the clerks’ directions extremely useful re the paper work.”
“Found the whole system excellent so far and staff very helpful.”
“I have been very disappointed with the technical problems which have been present on the public petitions website and feel this may have hindered signatures on my petition, especially in the early days after it was first put on the site. The responses I received from the clerks about rectifying this were insufficient and non-committal.”
“I have used it twice. Found it excellent; staff most helpful.”
“The strength of the e-petitions system is that it is easily accessible. Unfortunately due to technical problems many people who wished to support the petition could not do so. This should not detract from the petition but it cannot be denied it presented a barrier to ease of access to democratic debate and participation.”
“I think its brilliant, as are the staff when it comes to informing those who lodge a petition. Extremely helpful in every way. I could not have asked for more help… It was simply offered. In particular I would like to mention Fergus Cochrane and thank him.”
“I think it’s great!”
“The discussion forum should be better monitored, with individuals required to sign up before commenting, rather than the anonymous way that people can comment currently.”

Outreach work
35. The Committee held four external formal committee meetings in Dumbarton, Duns (the first time any committee of the Parliament had been to Berwickshire), Easterhouse, Glasgow and Fraserburgh (the first time any committee of the Parliament had met there) as part of its inquiry into the public petitions process. The Committee used the Duns, Easterhouse and Fraserburgh meetings to gather thoughts and views from the public on the petitions process. This was done through a public meeting format where every member of the audience was able to contribute and respond to questions asked. This was a new approach to gathering evidence and one which the Committee will continue to use.

Continuing equalities work
36. The Committee’s guidance leaflet “How to submit a public petition” continues to be made available in English, Gaelic, Urdu, Bengali, Arabic, Punjabi and traditional Chinese in both hard copy and on the Committee’s webpage, as well as in Polish via the webpage. A BSL version of the video on how to submit a petition was also produced.

37. On the back of comments made to the Committee throughout our inquiry, we expect to introduce further improvements to the information we provide e.g. a new petitions video, improved literature, varying formats, ways of linking in to the websites for equalities and disability groups in order to navigate people towards the petitions process.

38. The Committee also continues to receive a significant percentage (15.78%) of petitions from people with some form of disability. It continues to provide support at Committee meetings through the provision of disabled car parking, wheelchair access and induction loop, headphones and BSL interpreters as required for hearing impaired attendees.

Future equalities work
39. As indicated above, the Committee is reviewing its printed guidance material to improve its layout, usefulness, readability and accessibility.

Meetings

40. During the parliamentary year the Committee met 20 times. All of these meetings were held in public with only three items, being held in private.

Conclusion

41. This has been a particularly busy year for the Committee with the volume of petitions coming forward coupled with running two inquiries alongside other undertakings. However, the Committee is pleased to see further evolution and enhancement of the public petitions process and a continued commitment to introducing innovative and sometimes more creative ways of gathering evidence and handling individual petitions. There have been notable successes and many instances where the Committee is proud to have worked with petitioners and assisted them in their achievements.

42. The Committee considers that its year long inquiry into the petitions process will further enhance the purpose and role of the Committee and maintain the relevance of the petitions process to members of the public and other groups who use it.

Annexe A – Equalities Monitoring Form

Public Petitions Committee
Equal Opportunities Monitoring Form

The Scottish Parliament is committed to mainstreaming equal opportunities in all of its work. Within the framework of the mainstreaming process, the Public Petitions Committee is keen to assess the accessibility of the Scottish Parliament’s public petitions system. It would, therefore, be very helpful to the Committee if you could complete this equal opportunities monitoring form and return it in the pre-paid envelope provided.

This document is available in languages other than English or in alternative formats (for example, in Braille, large print, audio tape or various computer formats)

Public Petitions Committee Equal Opportunities Monitoring Form (71KB pdf)