Plenary, 17 Sep 2009

Meeting date: Thursday, September 17, 2009

Official Report 751KB pdf

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Question Time

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SCOTTISH EXECUTIVE

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General Questions

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Scottish Commission for the Regulation of Care and National Health Service Staff

To ask the Scottish Executive what importance it places on valuing care commission and NHS staff. (S3O-7882)

The Scottish Government values all staff. NHS Scotland is committed to improving continuously the fair and effective management of staff through, for example, staff governance, which is placed on an equal footing with clinical and financial governance. As the Minister for Public Health and Sport, I meet representatives from the care commission regularly and we are satisfied that the care commission has appropriately skilled and qualified staff to carry out its range of regulatory responsibilities.

Does the minister agree that, in reforming and improving public services, it is right to protect workers' employment and pension rights? I raise with her a matter that was brought to my attention by care commission employees. In issuing contracts to the staff of the new health care environment inspectorate, NHS Quality Improvement Scotland will not recognise previous NHS or care commission employment as continuous, thereby seriously disadvantaging staff in relation to conditions of service relevant to future redundancy. Will she agree to look into the matter to ensure that valued and experienced staff are not discouraged from transferring their experience within and between services that are vital to the elderly and to patient care?

I am sure that Irene Oldfather is aware that, under agenda for change terms and conditions, NHS employers have the discretion to take into account any periods of employment with employers outside the NHS when those are judged to be relevant to NHS employment. Nevertheless, I hear what she is saying and acknowledge her concerns. I am happy to look into the matter further, as she has requested.

Bringing together groups of staff from different agencies who are employed under different terms and conditions is always a complex and sensitive matter. However, the minister will agree that that should not be a barrier to the integration of public services in order to drive effectiveness and improvement. Can the minister reassure the staff who work in the organisations that will be affected by the Public Services Reform (Scotland) Bill not only that their statutory employment rights will be respected and adhered to at all times, but that the lessons that have been learned from previous cross-service integrations—such as the creation of community health and care partnerships—will be applied and that good practice will be followed?

I reassure Christina McKelvie that we expect good practice to be followed. The example that she has cited is a good one. The matters that she raises, like those that Irene Oldfather raised, relate to agenda for change and I am happy to take them up with the care commission.

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NHS Greater Glasgow and Clyde (Meetings)

To ask the Scottish Executive when it last met representatives of NHS Greater Glasgow and Clyde and what issues were discussed. (S3O-7871)

I last met the chair of NHS Greater Glasgow and Clyde on 31 August at one of my regular meetings with all national health service board chairs. We discussed a wide range of issues. I also visited the Glasgow royal infirmary on Tuesday to discuss patient safety. I will chair the board's annual review on 19 October, at which the discussion will cover the board's performance against Scottish Government targets and local service priorities. Scottish Government officials also meet board representatives regularly to discuss matters of current interest.

Will the minister join me in recognising the hard work of the Women's Royal Voluntary Service facility at Stobhill hospital? Does she agree that the new hospital at Stobhill should include a facility that will enable the WRVS volunteers to continue their hard work?

I readily and enthusiastically join Paul Martin in praising the work of the WRVS not just at Stobhill hospital, but in hospital sites throughout Scotland, where the volunteers contribute a great deal. I have said previously, in response to a question from Duncan McNeil, that volunteers in the NHS do a wonderful job and deserve recognition and respect from us all.

I assume that Paul Martin's question alludes to the Aroma cafe concept that is being piloted at various sites in Glasgow—the royal infirmary, the Southern general hospital and the new Stobhill and Victoria hospitals. That pilot will undergo a full evaluation by health facilities Scotland in October, the findings of which will inform boards' future decisions. For that reason, I am unable to say anything about future provision at the moment. Nonetheless, I am sure that Paul Martin's comments will be heard loudly and clearly in the evaluation process.

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Houses in Multiple Occupation (Licensing)

To ask the Scottish Government what measures contained in the draft housing (Scotland) bill are intended to reform the situation surrounding the licensing of houses in multiple occupation. (S3O-7847)

The draft housing (Scotland) bill, on which consultation has taken place, deals only with social housing issues. However, we are consulting on a number of proposals relating to private housing that might be included in the bill when it is introduced. Two of those relate to HMOs. The first is a proposal to amend the definition of a licensable HMO to deal with the problem of landlords avoiding licensing by claiming that tenants—particularly migrant workers—have a main residence elsewhere. The second proposes that, in cases where an HMO requires planning permission, a licence should not be granted unless the requisite planning permission has been obtained.

I thank the cabinet secretary for that detailed reply. I am pleased that consideration is being given to how we deal with the planning and migrant workers situations.

The cabinet secretary is aware of the large number of HMOs in Hillhead in the west end of Glasgow. Many people in the area are concerned about the lack of enforcement and inadequate fines for landlords who do not comply with the legislation. Will she take on board their concerns and consider whether they might be dealt with through the housing bill? After all, we need to get rid of such unscrupulous landlords, so we need more enforcement and larger fines.

I acknowledge the premise of Sandra White's question regarding the large number of HMOs in parts of Glasgow, in particular the west end. Of course, not all those HMOs are run by unscrupulous landlords; many of them provide decent accommodation for, for example, the student population. However, Sandra White has raised some important points about HMOs. I can assure her that those points, which she and others continue to make, will be taken on board by the Government in order that we can deal with the minority of unscrupulous landlords who undermine the reputation of the others.

I commend the Scottish Government for including in the housing bill consultation an additional question on whether planning permission should be required before an HMO licence is granted. As the cabinet secretary referred to, in parts of my constituency such as Hillhead and elsewhere, communities are breaking down because the concentration of HMOs is so high.

I have been advised that the Government is considering a transition period in addition to the three years that we have already been waiting for the implementation of the Housing (Scotland) Act 2006. Will the cabinet secretary accept a plea from me today that the legislation should be brought into force without delay? When is the legislation likely to be able to be used by authorities such as Glasgow City Council? For the record, I have had a meeting with the council, whose position is that the legislation should be available now without any further delay.

I acknowledge Pauline McNeill's interest in the issue. She is right to point out that the 2006 act could deliver significant improvements, particularly in the enforcement powers of local authorities. As she is aware, implementation of the provisions was postponed to allow other changes to the private rented sector, in particular the changes to landlord registration, to become more established and to allow local authorities to develop their expertise under the existing HMO licensing system. We want to discuss with stakeholders how to commence the provisions, including the use of ministers' powers under the 2006 act. We have had initial discussions with local authorities on the options for implementation and we will take those forward in the very near future. I will ensure that Pauline McNeill's comments are fully fed into that process.

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A83 (Closure)

To ask the Scottish Executive whether it will provide an update on the consequences of the closure of the A83 at the Rest and Be Thankful. (S3O-7791)

Following the recent landslide, considerable effort was made quickly to remove more than 1,000 tonnes of debris from the A83 and to clear the blocked culvert and ditches, so that the road could be reopened to traffic at the earliest opportunity. The road was reopened on 10 September, two days after the initial closure.

Does the minister recognise the anger and concern in my region that, less than two years after the previous landslide, the key artery into Argyll and Bute was again closed at exactly the same place? Does he understand the fear of people waiting at that traffic light below that mountain, where they are potentially in the path of a landslide? What specific action will the Scottish Government take to prevent future closures and tackle the long-term problem of potential landslides? Other European countries seem perfectly able to deal with that problem.

As the member is aware, the actions that were taken following the 2007 landslip were largely what led to the early closure of the road in advance of the recent slip, thus protecting public safety. I am very satisfied with the way that that happened and the readiness of Transport Scotland and its partners to respond quickly to clearing the road.

We intend that, in 2010, we will have in place a permanent solution to the problem at that part of the hill. The improvement scheme will involve building a new culvert under the road, strengthening the embankment below the road and installing new drainage above and below the road. We are conscious of the need to inspect the further landslip to ensure that our plans take account of the effect of that. We plan that construction will start in spring 2010.

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Prisons (Drugs)

To ask the Scottish Government what steps are being taken to tackle drugs in Scotland's prisons. (S3O-7825)

The Scottish Prison Service is committed to reducing the harm that is caused by substance misuse. Security measures are in place to reduce the supply of illegal drugs into prisons. Treatment, care and support to prisoners recovering from drug use are provided through services that are broadly equivalent to those that are available in the community.

Our prisons have historically faced drug use problems, so Craiginches prison in Aberdeen will be no different from most. What plans are there to implement the lessons learned from the work that is being done in Saughton prison? What progress is being made on the introduction of mobile tracing machines for detecting drugs?

The mobile tracing machines that were purchased by the SPS have been deployed in Edinburgh prison and Shotts prison, but they are a national resource. They are being used with considerable success. I praise prison officers throughout the prison estate for the excellent work that they carry out in that field.

At Craiginches prison in Aberdeen to which the member referred, there have been 45 drugs seizures between April and August this year, 400 cell searches and 15 area searches. A thorough and effective approach is taken towards security measures in prisons by our prison officers. I commend them for their efforts.

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Housing (Communal Repairs)

To ask the Scottish Executive whether its forthcoming housing bill will tackle public concern that factors continue to rely on responsible tenants to meet the full costs of communal repairs and are not effectively pursuing owners who are unwilling to contribute. (S3O-7849)

We are working with the industry, consumer organisations and others to establish a property managers accreditation scheme that will raise standards and financial transparency. We are also consulting on including powers in the forthcoming housing bill so that local authorities can choose to intervene where owners are unwilling to pay for essential maintenance.

As the cabinet secretary knows, there is widespread concern that continuing to rely on a voluntary scheme will mean, by definition, that disreputable factors will not be compelled to participate. Will the housing bill propose measures to tackle unacceptable practices by factors?

First, I hope that we will be able to achieve a degree of cross-party consensus on the issue. I have a great deal of sympathy with the intent behind Patricia Ferguson's bill proposal, which I commend her for introducing. I hope that we can work together to devise a system that is a vast improvement on the current one.

As Wendy Alexander will be aware, the Office of Fair Trading carried out a market study of property managers in Scotland that concluded that self-regulation, if successful, is the most effective way of building lasting improvements and encouraging higher standards. However, we would want to evaluate fully the effectiveness of such a scheme. We will continue to make it clear to stakeholders that if practices do not improve, we will consider using stronger measures. I hope that that is an issue on which the Parliament can work together.

The housing bill may include the specific provision to which I alluded in my first answer. At the moment, when works justify local authority intervention, the authority can decide to replace the missing shares of owners who are unable to pay for maintenance work. We are consulting on extending that to allow authorities to provide the missing shares of owners who are unwilling to pay. If that proposal goes ahead, it may improve the situation in certain circumstances.

The minister is aware that there has been a voluntary scheme of factor registration in Scotland for many years and that it has singularly failed to make any difference whatsoever to the practices of some factors, who operate in a highly disreputable way and cause a great deal of hardship and concern to many in our society. Will she take what might be the final opportunity in the current session to legislate? If she will not, I will.

I repeat that I strongly hope that although we may have different views on the best way to achieve the objective, we agree on the objective. As that is not always the case in Parliament, we should take advantage of the situation and try to work together. I agree with Patricia Ferguson that the current system is inadequate—that is why we are taking action to improve it. The work on the accreditation scheme is about developing core standards so that we improve those standards and provide greater transparency around them. I repeat that the view of the OFT is that that kind of system is preferable, if it can be made to work.

I am more than happy to make an open offer to Patricia Ferguson to continue to work with her, so that across the Parliament, we can achieve a change in the system that will be of benefit to residents across Scotland.

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Air Ambulance Cover (Orkney)

To ask the Scottish Executive whether it will support the provision of a Kirkwall-based aircraft providing air ambulance cover as well as interisland transport for other health services. (S3O-7809)

Both NHS Orkney and the Scottish Ambulance Service have confirmed that they would be very happy to be involved in discussions with relevant partners in Orkney about the proposal. For the interests of the health service to be met, it would be important to ensure that patients would be transferred in a community aircraft only when it would be clinically safe and appropriate for that to happen.

I thank the cabinet secretary for her comments, which echo those of the chief executive of the SAS, Pauline Howie, when she visited Orkney last month.

In that context, will the cabinet secretary urge the SAS, along with NHS Orkney, to consider trialling a Kirkwall-based aircraft as back-up for the Inverness helicopter? Does she agree that that would help inform decisions about the next air ambulance service contract, which is due to start in 2013? Does she accept that the benefits of such a trial are likely to be felt not just in Orkney, but by patients across the vast region that the Inverness helicopter is expected to cover?

Liam McArthur rightly refers to the reprocurement exercise for the air ambulance contract that got under way just recently, which will allow the service in Orkney and across the rest of Scotland to be looked at. MSPs and others will have an opportunity to raise concerns and to contribute to that process, and I urge Liam McArthur to do so.

I have already said that both NHS Orkney and the SAS are happy to be involved in discussions on the proposal that Liam McArthur mentioned. By necessity, that must involve other partners as well. I note that it is extremely positive that NHS Orkney is working closely with the SAS to ensure that the air ambulance service is meeting the needs of people in Orkney. I commend both boards for their commitment to joint working and encourage them to build on it.

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Offshore Europe 2011 (Transport Infrastructure)

To ask the Scottish Executive what additional transport infrastructure will be in place before the next offshore Europe oil and gas conference and exhibition in 2011. (S3O-7874)

The Scottish Government is investing and will continue to invest across the transport network in Scotland. That includes investments in Aberdeenshire, such as the one that resulted in the recent revision of the rail timetable, which is delivering faster journeys between Aberdeen and Edinburgh.

I congratulate all who were involved in this year's offshore Europe conference on a highly successful event and look forward to welcoming the conference back to Scotland in 2011 and for many years to come.

Does the minister share my concern that the next offshore Europe conference has been cut short because Aberdeen's transport infrastructure will not be able to cope? If he shares that concern, will he publish a development timetable to guarantee completion of the Aberdeen western peripheral route in time for, if not the next offshore Europe conference, at least the one after that?

The member knows that we received the reporter's report on 30 June. There were more than 9,000 objections to the AWPR. It is necessary that we examine that report rigorously, otherwise we will be open to legal challenge and delays that would accrue from that. However, we are absolutely committed to making the fastest possible progress on the matter.

I know that members will wish to join me in welcoming to the gallery the Speaker of the House of Commons, the right hon John Bercow MP. [Applause.]

Following First Minister's question time last week, I had a constructive meeting with party leaders at which we all agreed that the ability of back benchers to participate in First Minister's question time is an extremely important part of our proceedings. I am grateful to the party leaders for their co-operation on those matters. [Interruption.] It is anticipated co-operation.