PE/S2/05/13/A

PUBLIC PETITIONS COMMITTEE

AGENDA

13th Meeting, 2005 (Session 2)

Thursday 8 September 2005

The Committee will meet at 10.00am in Committee Room 1.

1. New Petitions: The Committee will consider the following new petitions—

PE876 Inquiry into the future prospects for the Scottish haulage industry and any knock-on impact for the Scottish economy. Patricia Glancey, Regional Manager of the Road Haulage Association, will make a brief statement in support of this petition accompanied by Robert Howie and Hamish Morrison.

PE878 To consider the need for a national strategy to address the impact of coastal and river erosion within Scotland. James Mackie will make a brief statement in support of his petition accompanied by John Fettes. PE865 To investigate the sequestration recall process and consider amending the law to allow the right of appeal for those made bankrupt by mistake and that all such appeals should be heard by a Sheriff. Edward Fowler will make a brief statement in support of his petition.

PE877 Review of Scottish Executive policies on the provision of affordable housing, particularly in relation to the impact on the elderly and those on low incomes.

PE862 Review of the current system for dealing with and monitoring convicted child sex offenders.

PE/S2/05/13/A

PE867 Safeguards against unwanted, unnecessary and potentially harmful medication given by surreptitious means.

Current Petitions: The Committee will further consider the following current petitions—

PE841 Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976. The Committee will consider responses from the Minister for Justice, the Lord Advocate and the Royal Society for the Prevention of Accidents. PE767 Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act. The Committee will consider a response from the Minister for Justice. PE791 Glasgow Homeopathic Hospital. The Committee will consider a response from Greater Glasgow Health Board. PE805 Review of the National Parks (Scotland) Bill. The Committee will consider a response from Loch Lomond and Trossachs Park Authority. PE811 Permitted Development Rights enjoyed by Network Rail in respect of the erection of 86ft GSM-R communication masts in residential areas. The Committee will consider responses from the Scottish Executive, Network Rail; OFFCOM; COSLA and the Office of Rail Regulation. PE734 Oxfam – Global campaign for Education. The Committee will consider a response from the Petitioner. PE812 Stirling Before Pylons - potential health hazards associated with long-term exposure to high voltage transmission lines. The Committee will consider responses from CECA (Scotland); the Human Radiation Effects Group; Scottish and Southern Energy; the Minister for Health and Community Care; The Minister for Communities; Scottish Power and the Institute of Civil Engineers. PE704 Support for the terms of UNISON Scotland’s NHS Food for Good Charter. The Committee will consider a response from the Minister for Health and Community Care. PE814, PE826 and PE776 Implications for rural areas of the introduction of NHS24 services. The Committee will consider responses from NHS 24; the Scottish Ambulance Service and the Minister for Health and Community Care.

PE/S2/05/13/A

3. Report of the Public Petitions Committee Event, Ayr, 6 June 2005: The Committee will consider a draft report.

Jim Johnston

Clerk to the Committee Tel: 0131 348 5186

Email: james.johnston@scottish.parliament.uk

PE/S2/05/13/02

PUBLIC PETITIONS COMMITTEE

13th Meeting, 2005 (Session 2)

Thursday 8 September 2005

The Committee will consider the following current petitions— PE841 Petition by the Curran Family calling for the Scottish Parliament to urge the Scottish Executive to amend the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 to make provision for a mandatory inquiry in the case of a road death caused by careless drivers. PE767 Petition by Norman Dunning, on behalf of ENABLE, calling for the Scottish Parliament to urge the Scottish Executive to review the operation and effectiveness of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976. PE791 Petition by Brian McAlorum calling for the Scottish Parliament to review the criteria and funding mechanisms for national specialist services provided to NHS Scotland by individual health boards as currently they are neither transparent nor effective as witnessed by the centre for integrative care at Glasgow Homeopathic Hospital. PE805 Petition by Ian Watson and Peter Brucelow calling for the Scottish Parliament to urge the Scottish Executive to urgently review the National Parks (Scotland) Bill and in particular the performance of each national park authority in meeting the four aims of a national park as defined in the Bill. PE811 Petition by Mark Mulholland, on behalf of Parents and Residents Against Masts, calling for the Scottish Parliament to consider and debate the Permitted Development Rights enjoyed by Network Rail in respect of the erection of 96ft GSM-R communication masts in residential areas. PE734 Petition by Angela O’Hagan, on behalf of Oxfam in Scotland, calling on the Scottish Parliament to endorse the aims of the Global Campaign for Education in achieving the Millennium Development Goals and making the UN Convention on the Rights of the Child a reality in Scotland, and further to consider practical steps for the Scottish Parliament and Executive to promote these aims in Scotland.

PE/S2/05/13/02

PE812 Petition by Caroline Paterson, on behalf of ‘Stirling Before Pylons’, calling for the Scottish Parliament to urge the Scottish Executive to acknowledge the potential health hazards associated with long-term exposure to electromagnetic fields from high voltage transmission lines and to introduce as a matter of urgency effective planning regulations to protect public health. PE704 Petition calling for the Scottish Parliament to urge the Scottish Executive to support the terms of UNISON Scotland’s NHS Food for Good Charter. PE814, PE826 and PE776 Petitions calling for the Scottish Parliament to consider and debate the implications for rural areas of the introduction of NHS24 services, particularly in relation to ambulance cover and timescales in getting medical assistance to patients in rural areas.

PUBLIC PETITIONS COMMITTEE

13th Meeting, 2005 (Session 2)

Thursday 8 September 2005

Report of the Public Petitions Committee Event, Ayr, 6 June 2005 Background 1. Following the committee event in Dundee on 14 June 2004, the Public

Petitions Committee (PPC) at its meeting on 15 September 2004 agreed a rolling programme of events aimed at raising awareness of the public petitions system among groups and individuals who are traditionally marginalised from the political process.

2. The PPC held its third participation event in Ayr on 6 June 2005. A draft

summary of the event is attached.

Options for action 3. The Committee is invited to agree the attached report and

recommendations and to agree that it is published on the Committee’s web page and circulated to all attendees.

4. The Committee is also invited to consider the arrangements for the next

event. Committee Clerk September 2005

REPORT OF THE PUBLIC PETITIONS COMMITTEE EVENT, AYR, 6 JUNE 2005

Introduction 1. The Public Petitions Committee (PPC) held the third event in its rolling

programme at South Ayrshire Council Chambers in Ayr on Monday 6 June 2005. A formal Committee meeting was held in the morning and a workshop event took place in the afternoon. This report provides a brief summary of the main issues which arose during the day.

Background 2. At its meeting on 31 March 2004 the PPC agreed that effective promotion of the

public petitions system would be useful in developing the work of the PPC and further agreed to hold a participation event in Dundee aimed at equality organisations, local community groups and other local organisations.

3. Following the success of the Dundee event, which took place on 14 June 2004,

the PPC agreed to hold a rolling programme of events aimed at raising awareness of the Parliament’s public petitions system. On 29 November 2004, the PPC held a second event in Inverness which was attended by 60 representatives from local community and equality groups and voluntary sector organisations from throughout the Highland region. The PPC aims to cover each of the 8 Scottish Parliamentary regions in the current parliamentary session.

4. The primary aim of the Ayr event was to provide an overview of the petitions

system, drawing upon the individual experiences of previous petitioners, and to provide practical advice and guidance on petitioning and e-petitioning the Scottish Parliament.

5. In addition to a workshop event which was held in the afternoon, a formal

meeting of the PPC was held in the morning. The PPC recognises the usefulness of holding formal Committee meetings outwith Edinburgh, especially in the context of allowing local petitioners to give evidence to the Committee without the need to travel to Edinburgh.

Formal Meeting of the PPC 6. The PPC considered four new petitions and four current petitions. “New

petitions” are those which have not been considered by the Committee previously. “Current petitions” are on-going petitions which have been considered previously by the Committee on one or more occasions. The Minutes of this meeting are attached at Annexe A. The Official Report of this meeting, a substantially verbatim written report of proceedings, is available on the Scottish Parliament website (www.scottish.parliament.uk/petitions).

7. The new petitions considered by the Committee all originated in Ayrshire. They

related to the A77 trunk road, a national singing policy, a national Burns heritage trial and the siting of telecommunications masts. As shown in the Minutes, the PPC agreed to write to a number of organisations in relation to these petitions. Once responses have been received form those organisations, they will be considered by Members of the Committee at a future meeting of the PPC and the Committee will decide what further action to take in relation to the petition.

8. The current petitions considered by the Committee, which were also linked to

Ayrshire, related to the Burns Homecoming year in 2009 and playing fields and recreational spaces.

9. Petitioners are kept up to date with the progress of their petition throughout the

petitioning process and members of the public can follow the progress of the petition either on the Parliament’s website or by contacting the Clerk to the Committee (details provided below).

10. In addition to the Members of the Committee, two other local MSPs also

attended. The meeting was held in public and 60 members of the public attended. A member of the Parliament’s public information staff was available to provide general information on the work of the Parliament.

The Plenary Session 11. The afternoon event was attended by 47 representatives of local community and

equality groups. A list of attendees is attached as Annexe B. 12. Attendees were involved in lively plenary and workshop sessions. The plenary

session opened with some introductory remarks by the Convener of the Committee, Michael McMahon MSP, and a brief question and answer session. This was followed by a presentation from a number of previous petitioners.

13. The previous petitioners gave a presentation based on their experiences of

petitioning the Parliament. These were Olena Stewart, David Ferguson, and Kenneth Wilson who raised petition PE771 calling for the Scottish Parliament to urge the Scottish Executive to consider whether there is sufficient guidance for local authorities to safeguard the provision of playingfields and recreation open space and to establish whether additional legislation is required to cover conflicts of interest within local authorities on planning matters in relation to the loss of playing fields.

14. Ronnie McNicol, who raised petition PE813 on behalf of Laighdykes Residents

group calling for the Scottish Parliament to urge the Scottish Executive to review existing planning procedures and guidance to ensure that they are sufficient to prevent local authorities from using playing field land for development purposes, also presented his views on petitioning the Parliament.

15. Both of these petitions remain active and the PPC has recently received a

response from Sportscotland which will be considered by the Committee in the autumn. Members of the public can follow the progress of these petitions either on the Parliament’s website or by contacting the Clerk to the Committee (details provided below).

16. The previous petitioners raised a number of issues about the petitioning process,

both positive and negative, and described how their campaign had progressed. The following summary is intended to reflect the comments that were made about the process of petitioning rather than the subject matter of the petition itself.

• Concern was expressed that local consultation was inadequate and that

local elected representatives were not listening. The petition system provided community groups with a voice and an opportunity to effect change. Members of the Committee and local MSPs were prepared to listen and act on a cross party basis. Lodging the petition helped to raise the profile of the issue and helped to establish a national picture/perspective.

• It was suggested that the PPC should seek to establish whether or not a

specific case demonstrates sufficient general points of concern throughout the country to merit a change to the law. If the PPC feels there is a case to answer then the law should be changed and the Convener should be prepared to introduce a private members bill to effect such change. The PPC must also be prepared to act contrary to Scottish Executive wishes.

• It was noted that petitions do not need to attract lots of signatures.

However, disappointment was expressed that not all petitioners are invited to present their petition in person. Concern was also expressed about the delay in receiving a response from Scottish Executive.

The Workshops 17. Four workshops were held aimed at providing delegates with an introduction to

the public petitions system. The workshops were facilitated by Members of the PPC who answered questions and responded to queries.

18. The following issues were raised during the workshop sessions:

• Concern was expressed about the timescales involved in considering a petition – delays in hearing a petition may result in a planning matter progressing before the PPC has the chance to consider the issue.

• It was noted that the PPC does not have any remit to interfere with the executive decisions or actions of other public bodies in Scotland and is not, for example, able to overturn the decisions of a local authority regarding individual planning applications or school closures. It was noted that where possible local issues should be tackled at a local level and that central or national government should not become involved unless absolutely necessary.

• It was noted that the PPC has the power to call in Ministers (section 23 of the

Scotland Act). • It was noted that the Clerk to the Committee can help and advise petitioners

prior to a petition being lodged. • It was noted that although it is possible to lodge a duplicate petition on the

same issue as an existing petition, the benefits of doing so would depend on the nature and subject matter of the petition.

• It was queried how meetings of the Public Petitions Committee are publicised

and how agenda are communicated to members of the public. It was agreed that more might be done to publicise the work of the PPC.

Feedback 19. All delegates were asked to complete an evaluation form at the end of the event

and 17 were completed and returned to the Committee Clerking team. A copy of the evaluation form is attached as Annexe C.

20. Of the 17 returned questionnaires, all respondents indicated that the event met

their expectations. 8 respondents suggested that the overall usefulness of the event was “good” while 8 also thought that it was “excellent”. The only aspect of the event which attracted more than one negative rating was in relation to the information supplied before the event. 3 respondents felt this was “poor”, two thought “fair”, nine “good” and three “excellent”.

21. Below are listed a selection of some of the comments and suggestions which

delegates made on their evaluation sheets:

• Communication is so important. We presume everyone knows as much as we do but this is impossible and we need to share information wherever and whenever possible. The Committee needs more publicity perhaps.

• Presentations could have been better with microphones and print outs. • I am enlightened and armed with some first class data on being a public

petitioner. Well worth attending! • Lack of amplification in the afternoon. Otherwise very helpful.

• Lunch-time was rather short – minimum should be 1 hour. Why is a set time not allocated for each petition. (2 petitioners took up over 1 hour and 30 minutes. the morning session (i.e. Committee Meeting) was extremely long – almost 3 hours. A short recess of 10-15 minutes would stop fold wondering out and in during the session.

• This was a very good, informative day which I thoroughly enjoyed and learned

a lot. • Morning meeting very good and local interest demonstrated. Very good

principle to accept views from locals and only one name required and very accessible throughout system.

Conclusions and Recommendations 22. On the basis of the feedback sheets and comments from participants throughout

the day the Committee may wish to consider:

• continuing to identify ways of raising awareness of the Committee’s work; • the benefits of holding formal Committee meetings outwith Edinburgh and of

considering local petitions in the communities in which they originate; • holding a formal meeting of the Committee and a public participation event in

Dunfermline.

Dr Jim Johnston Clerk to the Public Petitions Committee

The Scottish Parliament Edinburgh EH99 1SP

petitions@scottish.parliament.uk

0131 348 5982

Annex A - Minutes

PUBLIC PETITIONS COMMITTEE

MINUTES

10th Meeting, 2005 (Session 2)

Monday 6 June 2005

Present: Helen Eadie Campbell Martin Michael McMahon (Convener) John Scott (Deputy Convener) Mike Watson Sandra White Apologies were received from Rosie Kane, John Farquar Munro and Jackie Baillie. Also present: Phil Gallie and Adam Ingram. The meeting opened at 10.41 am. 1. Consideration of new petitions: The Committee considered and agreed action

on the following new petitions: PE859 Petition by Sheena Borthwick, calling for the Scottish Parliament to urge the

Scottish Executive to upgrade the Southern Section of the A77 between Ayr and Stranraer including providing passing places every six miles and developing a bypass at Maybole.

The Committee heard from Sheena Borthwick and Alan Gordon and agreed to write to the Scottish Executive, the A77 Safety Group, the RAC, the AA, the Road Haulage Association and the Royal Society for the Prevention of Accidents.

PE860 Petition by Marilyn de Blieck, on behalf of Ayrshire Voices, calling for the

Scottish Parliament to urge the Scottish Executive to develop a coherent national policy in relation to the teaching of singing and in particular to ensure adequate provision of vocal tuition for young people across Scotland.

The Committee heard from Marilyn de Blieck and Lauren Redmond and

agreed to write to the Scottish Arts Council, the Youth Music Initiative

Annex A - Minutes

Reference Group, VOCAL (Voice of Chief Officers for Cultural, Community and Leisure Services), HITS (Heads of Instrumental and Teaching Services), HM Inspectorate of Education, COSLA, the Scottish Executive, East Ayrshire Council, North Ayrshire Council and South Ayrshire Council.

PE861 Petition by Bob Leitch, on behalf of the Board of Directors of the Ayrshire

Chamber of Commerce, calling for the Scottish Parliament to urge the Scottish Executive to take immediate action to create a task force to integrate and develop all Burns’ assets, properties, and locations across Scotland resulting in a national Burns Heritage trail ready for the year of the homecoming in 2009 and available for promotion internationally by the end of 2006.

PE824 Petition by Peter Watson on behalf of Alloway and Doonfoot Community

Council calling on the Scottish Parliament to (a) review the policy and commitment of the Scottish Executive to place Robert Burns and his legacy at the heart of its culture and tourism policies; and (b) urge the Scottish Executive to assume responsibility for bringing together all interested parties to ensure the flagship assets of our Burns heritage are properly restored and developed in good time for the major events planned for the 2009 Homecoming Year, marking the 250th anniversary of the birth of the national bard.

The Committee agreed to link petition PE861 with PE824 and to invite the

Minister for Tourism, Culture and Sport to appear before the Committee and to write the petitioner in relation to PE824.

PE839 Petition by Councillor Peter John Convery calling on the Scottish

Parliament to urge the Scottish Executive to develop clear and concise guidance for local authorities on the use of moratorium to exclude telecommunication masts from being situated on council land.

The Committee agreed to write to the Scottish Executive. 2. Consideration of current petitions: The Committee considered and agreed

action on the following current petitions: PE771 Petition by Olena Stewart calling for the Scottish Parliament to urge the

Scottish Executive to consider whether there is sufficient guidance for local authorities to safeguard the provision of playingfields and recreation open space and to establish whether additional legislation is required to cover conflicts of interest within local authorities on planning matters in relation to the loss of playing fields.

PE821 Petition by Sheena Stark calling for the Scottish Parliament to urge the

Scottish Executive to ensure that all planning applications for planning consent to change the usage of recreational spaces should be routinely sent to the appropriate Minister for consideration.

Annex A - Minutes

PE813 Petition by Ronnie McNicol, on behalf of Laighdykes Residents group, calling for the Scottish Parliament to urge the Scottish Executive to review existing planning procedures and guidance to ensure that they are sufficient to prevent local authorities from using playing field land for development purposes.

The Committee agreed to write to Sportscotland and to the petitioners. The meeting closed at 1.22 pm.

Dr Jim Johnston

Clerk to the Committee

Annex B – List of attendees

Stacey Alexander Yip world.com Margaret Anderson Wallacetoun Tenants & Residents Assoc Hugh Bostock South Ayrshire Autistic Society Pat Brown Troon Elderly Forum Ms Bruce Carers Forum Mr Jayes Cain Ayrshire Independent Living network Robert Cairns Access North Ayr Robert Cairns Ayr North Community Forum Mrs Anne Cameron Treetops Tenants & Residents Assoc Sheila Cameron Chest Heart & Stroke Scotland Joe Chan Kat O Chinese Association K Cheung Kat O Chinese Association Paul Chow Kat O Chinese Association Anthea Clark World Development Movement Marjorie Dickie Castle Park Community Centre, Irvine Abbie Draper What about youth Mattie Easdon Stevenston Elderly Forum Iris Fong Kat O Chinese Association Jim Gallacher Breath Easy in Ayrshire Margaret Ann Gallagher Vineburgh Management Committee Jim Hendry Access North Ayr G Michael Hitchon Fort & Seafield Community Council Colin Hope Kyle & Carrick Civic Society Claire Judson Scottish Parliament David Kiltie Maybole Community Council Karen Kinghorn Three Towns Healthy Living/3TFM Lily Lee Cantonese Interpreter Tristan Lindsay Dalry Community Council Iain MacLennan Loans Community Council Jean MacLennan Loans Community Council Anne Martin Stevenston Elderly Forum Nan McFarlane Troon & District Elderly Forum Joan McKee Donald McNeill Multiple Sclerosis Society James Muir Beith & District Community Council Ruby Murphy WEA Scotland Delia Pettigrew Three Towns Healthy Living/3TFM Nikki Pitt Stepping Stones for Families John Pyper Vineburgh Management Committee Patricia Robertson Prestwick North Community Council Edie Scobie Stepping Stones for Families Alastair Sharp Mauchline Community Council Linda Sharp South Ayrshire Carers Heather Smith East Ayrshire Council Marie Stevenson Stevenston Elderly Forum Ms Storr Ayrshire Independent Living network John Sweeney Stevenston Elderly Forum Susan Sweeney Stevenston Elderly Forum

Annexe C – Evaluation Form

An Introduction to the Scottish Parliament’s Public Petitions System

Event Evaluation Questionnaire

This document asks you a few questions about the above event. The information you give will be analysed and assist in evaluating the event as well as assist in the development of future events run by the Scottish Parliament. Please take a few moments to complete it and leave it on the registration desk as you leave. If you cannot finish it in time to hand back to the staff, please feel free to post it to Eileen Martin, Assistant to the Public Petitions Committee, The Scottish Parliament, Room TG.01, Parliamentary Headquarters, EDINBURGH, EH99 1SP. How did you hear about this event? …………………………………………………… How would you rate the following? Poor Fair Good Excellent The information supplied before the event

The organisation of the event

The venue and facilities

The structure and content of the plenary sessions

The structure and content of the workshops

The quality and content of the speakers’ presentations

The usefulness of the feedback session

The overall usefulness of the event

Your overall enjoyment of the event

P.T.O.

Annexe C – Evaluation Form

Did the event meet your expectations? Yes No Which part of the event did you find most useful? Which part of the event did you find least useful? Additional comments or suggestions on any aspect of the event. The comments you have entered in this questionnaire may be reproduced in the publications, web-site or other published formats of the Scottish Parliament in either a full or edited form unless you indicate you would prefer otherwise. Thank you for your help.