Chamber and committees

The Scottish Executive takes child protection very seriously and is committed to protectingchildren and young people from all forms of abuse. We have made firmcommitments to improving child protection services in Scotlandthrough a programme of reform over the next three years.

At the same time, we have aresponsibility to individuals who may be accused falsely and maliciously ofabuse. To remove wholly the threat of a defamation action – by giving youngpeople absolute privilege, for example – could raise issues under the EuropeanConvention on Human Rights since it would impact upon the rights of apotentially defamed person.

At present, a person whoreports concerns to an appropriate authority because they have a moral orsocial duty to do so will benefit from the protection of qualified privilege.Qualified privilege will protect a person from a claim of defamation unless itcan be proved that the person making the defamatory statement was motivated bymalice.

Our view is that anyunderlying concerns in this area are best addressed through guidelines on thehandling of situations in which young people allege abuse, rather than byattempting to reconcile the divergent interests of accused and accuser throughamendments to defamation law.

While I am aware that there have been a number of meetings between NHS Argyll and Clyde and NHS Greater Glasgow in relation the former’s review of maternity services, I have asked the Chief Executive of Argyll and Clyde NHS Board to write with the details. A copy will be placed in the Parliament's Reference Centre.

Yes. The health department issuedguidance to NHS boards on regional planning in March 2002. The guidanceincluded advice on planning and provision of services across NHS boardboundaries. A copy can be found at:http://www.show.scot.nhs.uk/sehd/mels/HDL2002_10.pdf.

Other recent guidance to theNHS has emphasised the importance of collaborative planning and provision ofservices – for example, guidance dated September 2002 on establishing ManagedClinical Networks (MCNs), which may offer services across more than one boardarea. The guidance on MCNs can be found at:

http://www.show.scot.nhs.uk/sehd/mels/HDL2002_69.pdf.

In June 2003 the Executivepublished a draft bill, the NHS Reform (Scotland) Bill, which proposes that NHS boards should begiven a new statutory duty to co-operate with each other, and with the SpecialHealth Boards, to secure and advance the health of the people of Scotland.

We expect NHS boards tofollow national guidance on public engagement and consultation. One of the keyprinciples of effective engagement with individuals and local communities overproposals for service change is that NHS boards are explicit about why changeis necessary and what the options and restrictions are for future change.Issues around patient safety are paramount.

The views of all localstakeholders should be taken into account in coming to a decision at the end ofa consultation process.

This information is not available centrally.

I refer the member to the answer given to question S2W-1614 today. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/search_wa.

I refer the member to the answer given to question S2W-1614 today. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/search_wa.

Scotland's Population 2002: the Registrar General's Annual Review of Demographic Trends is published today. The report focuses on one of the major issues affecting Scotland's population - declining fertility. A copy of the report is available in the Scottish Parliament Information Centre (Bib No. 28557) or from the GROS website at: www.gro-scotland.gov.uk.

Following extensive consultation earlier in the year, we have published today an Outline of an animal health and welfare strategy for Great Britain. This document builds on the wide range of views which emerged from the consultation. It sets out a clear vision for animal health and welfare in Great Britain for 10 years ahead, and outlines principles for Government, industry and other stakeholders to work to in order to improve our performance in this area.We will be consulting stakeholders to develop the outline into a final strategy to be published next spring. My officials will also be working with stakeholders to produce a plan to implement the strategy specifically for Scotland's needs.

The Title Conditions (Scotland) Act 2003 provides a property law regime for enforcing conditions in the title deeds of land which safeguard conservation interests. It provides for a conservation body, prescribed by Scottish ministers, to be able to enforce a particular condition affecting a certain piece of land. Both the conditions and the body will have to seek to protect, for the benefit of the public:

• the architectural or historical characteristics of the land (which includes buildings), or
• any other special characteristics of the land (including a special characteristic derived from the flora, fauna or general appearance of the land).

These burdens can be used when the conservation body is selling land, but imposes a condition to ensure that the conservation characteristics of the property are not lost.It will also be possible for conservation bodies to preserve existing feudal burdens as conservation burdens, provided that they meet the criteria for conservation burdens. The deadline for saving burdens will be the Appointed Day on which the feudal system is finally abolished. We have already announced that this will be on 28 November 2004.The Executive is currently in the process of inviting applications from those interested in becoming conservation bodies. Those who would like to be considered should contact the following address:Iain Hockenhull, Civil Law Division, 2 West Rear, St Andrew's House, Edinburgh, EH1 3DG.Phone/e-mail: 0131 244 8228; [email protected] text of the act and its Explanatory Notes may be found at:http://www.scotland-legislation.hmso.gov.uk/.