Chamber and committees

The guidance covers all hospitalsin Scotland, although it cannot be applied to PFI/PPP contracts,such as that at the Royal Infirmary of Edinburgh between Lothian NHS Board and ConsortHealthcare Ltd, which were in existence before the guidance was issued in 2004.The guidance will cover all such contracts, however, when they are revised or renewed.

Local authorities have been allocatedjust over £6 million over three years to enforce the smoke-free legislation (£0.6million in 2005-06, £3 million in 2006-07 and £2.5 million in 2007-08). In additionto providing for the employment of additional staff across the country, to enforcethe smoke-free laws, this funding will also provide additional resources more generallyfor environmental health services.

The available information isgiven in the following table.

Persons Fined in Scottish Courtsfor Litter Offences¹, by Approximate Local Authority Area²,1999-2000 to 2004-05

Local Authority Area	1999-2000	2000-01	2001-02	2002-03	2003-04	2004-05
Aberdeen City	-	-	-	-	-	1
Aberdeenshire	-	-	-	1	1	-
Angus	1	1	4	-	-	-
Argyll and Bute	-	1	-	-	-	1
Clackmannanshire	-	-	-	-	-	1
Dumfries and Galloway	1	1	-	1	-	-
Dundee City	-	1	2	3	5	2
East Ayrshire	-	-	3	-	1	1
East Dunbartonshire	-	1	-	2	1	1
East Lothian	-	-	-	-	-	-
East Renfrewshire	-	-	-	-	1	-
Edinburgh, City of	-	-	1	1	-	-
Eilean Siar	-	-	-	-	-	-
Falkirk	-	-	1	1	-	2
Fife	-	-	-	-	-	-
Glasgow City	2	1	3	5	2	5
Highland	3	1	-	1	-	2
Inverclyde	1	1	1	3	-	1
Midlothian	-	-	-	-	-	-
Moray	2	-	-	-	-	1
North Ayrshire	2	1	-	1	2	2
North Lanarkshire	4	1	3	1	1	9
Orkney Islands	-	-	-	-	-	-
Perth and Kinross	1	-	-	-	-	-
Renfrewshire	-	-	-	1	-	-
Scottish Borders	-	-	-	2	-	3
Shetland Islands	-	-	-	-	-	-
South Ayrshire	1	2	-	2	1	2
South Lanarkshire	-	-	5	5	5	4
Stirling	-	-	1	1	-	-
West Dunbartonshire	1	-	-	-	2	-
West Lothian	-	-	-	-	1	-
Scotland	19	12	24	31	23	38

Notes:

1. Where main offence was categorisedas a litter offence under the Scottish Executive Justice Department’s classificationof crimes and offences.

2. Incorporates an approximatemapping of sheriff courts into local authority areas. Some sheriff courts will dealwith cases from more than one local authority area. Some local authority areas,including East Dunbartonshire, East Renfrewshire, Midlothian and North Ayrshire, do not contain a sheriff court.

Local authorities are responsiblefor handling the problem of litter and they will be keeping the issue under reviewas experience of the smoke-free legislation grows. Local authorities have been givensignificant additional funding not only to enforce the new law but also to providefor additional resources more generally for environmental health services in eachcouncil. It is for them to determine how the funding should be used depending onlocal circumstances.

There is no evidence at presentto suggest that public disorder related to the ban on smoking in enclosed publicplaces is a significant problem, although there is some anecdotal evidence of instancesof increased noise outside some licensed premises. Local authorities and the policehave existing powers to handle excessive noise and anti-social behaviour and theytogether with the Scottish Executive will be keeping these issues under review.

The number of fixed penalty noticesfor littering issued by police and local authorities under their respective powersin Part IV of the Environmental Protection Act 1990 is not held centrally.

The National Concessionary TravelScheme is one application on the National Entitlement Card. The Entitlement Cardis produced and managed under contract to the Improvement Service, which is partof the Scottish Executive’s Modernising Government programme.

The Entitlement Cards are producedand distributed from Hull in England, following a procurement exercise conducted under theappropriate regulations.

The Executive has no role insuch procedures which are reserved matters.

The Scottish Executive has norole in determining the asylum status of anyone, as this matter is reserved.

There are no specific legislativeprovisions relating to the victims of trafficking.