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Displaying 3105 contributions
Citizen Participation and Public Petitions Committee
Meeting date: 1 September 2021
Jackson Carlaw
PE1863, which was lodged by Mr Michael Campbell, calls on the Scottish Government to provide mandatory annual blood tests from the age of 55 to detect cancer.
The Scottish Government submission highlights that it recognises the importance of an early cancer diagnosis and its impact on cancer patient outcomes. It advises that it has already taken a number of actions to continue enabling an early cancer diagnosis. It notes that Scotland’s first early cancer diagnostic centres are being established in NHS Fife, NHS Dumfries and Galloway and NHS Ayrshire and Arran. It highlights that, although there is currently no single blood test that screens for different cancer types, there is some on-going research, which the UK National Screening Committee will review to make a recommendation for population screening.
We could write to one or two bodies to seek their views on the petition.
Citizen Participation and Public Petitions Committee
Meeting date: 1 September 2021
Jackson Carlaw
In my Eastwood constituency in East Renfrewshire, many taxi drivers have withdrawn from the industry, and I am sure that that pattern has been repeated in many other places. The same representations have been made to me about the fact that the tourism, business travel and hospitality sectors, which have been the bedrock of many taxi drivers’ packages of income, have been severely affected and are taking time to recover.
I am minded to keep the petition open, if the committee agrees. We should write to the Scottish Government in the light of the petitioner’s concerns regarding the current funding being inadequate and we should ask the Government to consider the suggestions that have been made in the petitioner’s additional submissions. As Bill Kidd suggested, it would be helpful if the Scottish Government could give us a little more detail on, and a timescale for, the stakeholder group that it proposes to establish, so that it does not become something that always seems to be on the horizon but never materialises.
If we take forward those points, would you be content with that, Mr Sweeney?
Citizen Participation and Public Petitions Committee
Meeting date: 1 September 2021
Jackson Carlaw
We will see what we get back.
Citizen Participation and Public Petitions Committee
Meeting date: 1 September 2021
Jackson Carlaw
The point is that we do not pursue individual cases—that is outwith our remit. The issue is the general provision. It would be useful to find out whether the safety net is assisting anybody or whether it is not known about and is not being used, in which case there is a deficiency.
Are members happy to do that?
Members indicated agreement.
Citizen Participation and Public Petitions Committee
Meeting date: 1 September 2021
Jackson Carlaw
PE1862, which was lodged by Rona MacKay, Angus Campbell and Naomi Bremner on behalf of Uist economic task force, calls on the Scottish Government to introduce community representation on boards of public organisations delivering lifeline services to island communities, in keeping with the Islands (Scotland) Act 2018.
In its submission, the Scottish Government explains that the requirements for the appointments to a public body board will be set out in the public body’s founding legislation. In the case of more than 70 boards, the recruitment process is also regulated by the Commissioner for Ethical Standards in Public Life in Scotland. The Scottish Governments states:
“This means that, as far as possible, the recruitment process is fair, transparent and based on merit.”
In their response, the petitioners argue that a lack of local knowledge results in decisions being made that do not fully consider the practical impact on those living on the islands. They believe that introducing community representation on boards would lead to better decision making.
I note that some of our parliamentary colleagues have asked written and oral questions on this matter. Do members have any comments?
Citizen Participation and Public Petitions Committee
Meeting date: 1 September 2021
Jackson Carlaw
I am inclined to agree. Most of us, particularly those with constituencies with fringe boundaries to the green belt, will have had experience of developers making persistent applications, which are routinely declined, in the hope that, eventually, one of them will be successful. That can be quite onerous on local communities, which continually have to mount a fresh campaign. I am aware of certain developers who have a reputation for being persistent because they have found that to be a successful course of action, not only in different parts of Scotland but around the United Kingdom. I can, though, see the particular argument in relation to historical battlefields. There should not have to be a sustained effort to frustrate such applications.
I am minded to close the petition. However, I wonder whether, in closing it, we should write to the Scottish Government, seeking a response to the point about repeated and persistent applications that undermine the campaigns that have been run. I can see that it could become an exhausting commitment for people and that some applications might then make progress when that was not anybody’s desire or intention. I would be interested in seeing what the Scottish Government said about that. That seems to be the petitioner’s essential point. The Government has made it clear that it has no plans to review the processes, but a comment about that aspect would be useful. Does that course of action sound reasonable?
Members indicated agreement.
Citizen Participation and Public Petitions Committee
Meeting date: 1 September 2021
Jackson Carlaw
PE1861 is on using teacher-assessed grades to award national qualifications in 2021. I flag up that the petitioner has requested that the petition be removed from the petitions process, given that results have now been awarded for 2021 and work is under way to reform the Scottish Qualifications Authority and Education Scotland. Given that, I am inclined to close the petition under rule 15.7. Do members agree to that?
Members indicated agreement.
Citizen Participation and Public Petitions Committee
Meeting date: 1 September 2021
Jackson Carlaw
PE1857, which was lodged by Stephen Leighton, calls on the Scottish Government to regulate the role of curator ad litem—I am sorry, but I am not sure how to pronounce that. I did O level Latin, but I am afraid that it deserted me there—no doubt, I will be suitably reprimanded. The petition calls on the Scottish Government to regulate the role of curator ad litem and ensure that historical claims of malpractice by curators ad litem in Scotland are investigated.
The Scottish Government notes that the curator ad litem’s first responsibility is to ascertain whether in fact a person has capacity to give legal instruction, which is similar to the situation in which a client has to have capacity to instruct a solicitor, because otherwise the solicitor cannot legally act. That decision is evidence based. In order to properly fulfil the role, the curator must be able to undertake full and relevant inquiries and to commission or prepare reports where necessary.
The Scottish Government notes that it does not regulate curators ad litem. Instead, there is general regulation of the legal profession and of social workers. Given that the number of curators ad litem is very small and that most of them are either solicitors or social workers, they will be regulated under their professional regulatory body if concerns or complaints are raised about their conduct. The submission advises that the Office of the Public Guardian in Scotland can investigate property or financial matters and the local authority or the Mental Welfare Commission for Scotland can investigate welfare matters.
The petitioner advises that changes to the rules of court were made in 2017 as a result of someone complaining about a curator ad litem, but he believes that the law change has increased the risk of potential malpractice in the curator ad litem role, as its regulation is now overseen by curators ad litem themselves. There is no oversight by regulation of the role, yet there are claims of malpractice by curators.
The petition raises quite a complicated issue in respect of a position that I had not heard of. I note from the information that we have obtained that there are only a few curators ad litem in place—maybe as few as a dozen.
Do colleagues have any comments, having reflected on the issue?
Citizen Participation and Public Petitions Committee
Meeting date: 1 September 2021
Jackson Carlaw
PE1851, which was lodged by Melanie Collins and William Tait, calls on the Scottish Government to urgently review and reform the Scottish legal system, including through an update of systems and practices to ensure that bodies, authorities and institutions are fit for purpose.
In its written submission, the Scottish Government outlines its on-going work on the reform of legal services regulation, the judicial register of interests, law reform, legal aid reform and mediation. In relation to legal services regulation, it highlights the independent review that it commissioned, which was chaired by Esther Roberton.
Although the review concluded that the current complaints system was not fit for purpose, the Scottish Government explains that it is seeking to build consensus, where possible, on the way forward prior to deciding on a course of action. Although progress has been disrupted by the impact of Brexit and the Covid-19 pandemic, the Scottish Government anticipates that it will be able to publish a consultation seeking views on a way forward during this session of Parliament.
The submission also highlights work to progress interim improvements to the complaints system ahead of wider reform. The consultation on those changes ended in February this year, and the Scottish Government is currently analysing the responses.
In their submission, the petitioners state that the issues in their petition are important and
“impact on all living in Scotland.”
Does anyone have any thoughts on the course of action that we might take?
Citizen Participation and Public Petitions Committee
Meeting date: 1 September 2021
Jackson Carlaw
Welcome to the second meeting in session 6 of the Citizen Participation and Public Petitions Committee. We are in Holyrood for the first committee meeting since the start of lockdown at which we will consider new petitions. I am joined by my colleagues David Torrance, Tess White and Bill Kidd. We are joined remotely by our colleague Paul Sweeney.
The only item on our agenda this morning is the consideration of new petitions. Obviously, there is something of a backlog of those, as many were received towards the end of the previous session and during the election. We therefore have a considerable number of new petitions to consider.