Questions and answers

Question reference: S3W-31816

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Wednesday, 17 February 2010
Current Status: Answered by John Swinney on 10 March 2010

To ask the Scottish Executive whether it has had discussions with representatives of UK Financial Investments Ltd and, if so, what matters were discussed.

Question reference: S3W-32004

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 25 February 2010
Current Status: Answered by Alex Neil on 8 March 2010

To ask the Scottish Executive what powers and responsibilities are conferred on it by the Disability Discrimination Act 1995.

The Disability Discrimination Act 1995, which is reserved to Westminster, protects disabled people from discrimination in employment, access to goods, facilities and services, the buying, renting, or selling of land or property, education, transport and the exercise of public functions. The Act imposes a general duty on public authorities to promote equality of opportunity between disabled people and non-disabled people.

The Scottish Government has responsibilities under the Act for ensuring that it''s services and functions do not discriminate against disabled people, and for promoting equality of opportunity between disabled people and non-disabled people.

The Scottish Ministers have power to make regulations to impose on a relevant Scottish authority or cross-border authority such duties as they consider appropriate for the purpose of ensuring better performance by that authority of the general duty to promote equality of opportunity between disabled people and non-disabled people.

Question reference: S3W-31202

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Friday, 29 January 2010
Current Status: Answered by Nicola Sturgeon on 8 February 2010

To ask the Scottish Executive what the survival rate is for people with oesophageal cancer and how this compares with other (a) types of cancer and (b) OECD countries.

Data on the estimated survival rates for oesophageal cancer patients in Scotland can be found at:

http://www.isdscotland.org/isd/servlet/FileBuffer?namedFile=cancer_oesophagus_surv.xls&pContentDispositionType=inline.

The most recent rates that have been calculated are for the period of diagnosis from 2000 to 2004.

Survival rates for other types of cancer in Scotland are summarised in the document Trends in Cancer Survival in Scotland, 1980-2004: at:

http://www.isdscotland.org/isd/files/Survival_summary_8004.pdf.

Information on survival rates for oesophageal cancer in OECD countries is not held centrally, however data relating to selected European countries are available in the following table:

Cancer of the Oesophagus (ICD-10 C15)

Relative Survival¹ (%) at One and Five Years following Diagnosis for those Diagnosed Aged 15 to 99 in 1995-1999

Country²	1 year (%)	5 year (%)
Denmark	27.5	5.2
Finland	34.5	11.1
Iceland	35.4	-
Norway	30.8	8.3
Sweden	36.0	12.7
Ireland	32.7	12.6
UK England	32.9	9.9
UK Northern Ireland	36.7	12.1
UK Scotland	33.3	10.3
UK Wales	33.5	13.3
Austria	34.8	10.6
Belgium	44.1	19.0
France	43.1	12.4
Germany	40.3	19.2
Netherlands	37.0	11.7
Switzerland	44.2	12.8
Italy	38.3	11.2
Malta	23.8	3.2
Portugal	33.9	12.5
Slovenia	22.8	7.0
Spain	35.7	9.7
Czech Republic	26.1	3.1
Poland	23.2	7.6
Europe	35.8	11.1

Reference: Sant M, Allemani C, Santaquilani M, Knijn A, Marchesi F, Capocaccia R, and the EUROCARE Working Group. EUROCARE-4. Survival of cancer patient diagnosed in 1995-99. Results and commentary. European Journal of Cancer April 2009; 45(6): 931-991.

Notes:

- = zero value

1. Relative survival rates are those adjusted to take account of the mortality rates in the general population.

2. Not all of the countries listed have 100% of their populations covered by cancer registration.

Question reference: S3W-31204

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Friday, 29 January 2010
Current Status: Answered by Nicola Sturgeon on 8 February 2010

To ask the Scottish Executive what the incidence of oesophageal cancer in people under 55 has been in each year since 1960.

The incidence (numbers and rates) of oesophageal cancer in people under 55 in Scotland for the period 1960-2007, is shown in the following table:

Cancer of the Oesophagus¹, Scotland: 1960-2007²

Numbers of Diagnoses and Age-Standardised Rates (EASRs)³in Patients Aged Under 55 at Diagnosis

Year of Diagnosis²	Number of Diagnoses	EASR³	Year of Diagnosis²	Number of Diagnoses	EASR³
1960	33	0.9	1984	39	1.2
1961	42	1.1	1985	49	1.5
1962	37	1.0	1986	35	1.1
1963	42	1.1	1987	52	1.6
1964	43	1.2	1988	57	1.8
1965	42	1.2	1989	63	1.9
1966	33	0.9	1990	63	1.9
1967	40	1.1	1991	69	2.1
1968	47	1.4	1992	74	2.2
1969	49	1.4	1993	77	2.3
1970	59	1.7	1994	73	2.1
1971	38	1.1	1995	64	1.8
1972	41	1.2	1996	84	2.4
1973	36	1.0	1997	94	2.6
1974	54	1.5	1998	76	2.0
1975	55	1.6	1999	73	1.9
1976	47	1.4	2000	90	2.3
1977	55	1.7	2001	72	1.9
1978	52	1.6	2002	71	1.9
1979	52	1.6	2003	81	2.1
1980	43	1.3	2004	73	1.9
1981	44	1.3	2005	79	2.0
1982	59	1.8	2006	76	2.0
1983	50	1.5	2007	72	1.8

Source: Scottish Cancer Registry, ISD.

Notes:

1. Defined as: ICD-10 C15. Cases diagnosed prior to 1997 have been recoded to ICD-10.

2. Information regarding the number of patients diagnosed prior to 1975 is regarded as less reliable.

3. EASR: age-standardised incidence rate per 100,000 person-years at risk (European standard population).

Question reference: S3W-31205

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Friday, 29 January 2010
Current Status: Answered by Nicola Sturgeon on 8 February 2010

To ask the Scottish Executive how many people with oesophageal cancer have (a) had and (b) not had surgery as part of their treatment in each year since 1960.

The specific information requested is not collected centrally. However, numbers and percentages of oesophageal cancer patients in Scotland diagnosed in the period 1981-2007 who have had surgery as part of their treatment are available in the following table:

Cancer of the Oesophagus¹, Scotland: 1981-2007

Annual Tallies of Diagnoses and those Undergoing Selected Surgical Procedures^2,3,4,5,6

Year of Diagnosis	Number of Diagnoses	Number Undergoing Surgery^2,3,4,5,6	% Undergoing Surgery^2,3,4,5,6
1981	565	356	63.0
1982	548	350	63.9
1983	561	365	65.1
1984	558	353	63.3
1985	549	368	67.0
1986	514	340	66.1
1987	598	400	66.9
1988	597	406	68.0
1989	614	341	55.5
1990	664	418	63.0
1991	639	387	60.6
1992	683	420	61.5
1993	804	491	61.1
1994	776	497	64.0
1995	787	510	64.8
1996	838	551	65.8
1997	755	525	69.5
1998	762	503	66.0
1999	788	525	66.6
2000	746	446	59.8
2001	782	478	61.1
2002	832	512	61.5
2003	812	452	55.7
2004	871	523	60.0
2005	822	468	56.9
2006	838	456	54.4
2007	829	437	52.7

Source: Scottish Cancer Registry, ISD; SMR01 (hospital inpatient / day case discharges).

Notes:

1. Defined as: ICD-9 150 (1981-1996); ICD-10 C15 (1997-2007).

2. Defined as: 1981-1989: OPCS-3 291-292, 294-295, 296.9; 1989 to present: OPCS-4 G01-G05, G11, G13-G15, G17-G18, also G42-G44, G46 with operation site code Z27.1 to indicate oesophagus.

3. The percentages of patients undergoing surgery are approximate due to data quality issues.

4. Information regarding the number of patients who have had surgery prior to 1981 is not held centrally.

5. Information regarding the number of patients who have not had surgery as part of their treatment is not held centrally.

6. Note that patients diagnosed in more recent years have been followed up for less time, which may explain the lower numbers and percentages recorded as undergoing any relevant surgical procedure.

Question reference: S3W-31203

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Friday, 29 January 2010
Current Status: Answered by Nicola Sturgeon on 8 February 2010

To ask the Scottish Executive what the incidence of oesophageal cancer has been in each year since 1960.

The incidence (numbers and rates) of oesophageal cancer in Scotland for the period 1960-2007, is shown in the following table:

Cancer of the oesophagus¹, Scotland: 1960-2007²

Numbers of Diagnoses and Age-Standardised Rates (EASRs)³

Year of Diagnosis²	Number of Diagnoses	EASR³	Year of Diagnosis²	Number of Diagnoses	EASR³
1960	227	4.9	1984	558	9.6
1961	291	6.0	1985	549	9.5
1962	242	5.1	1986	514	8.9
1963	269	5.3	1987	598	10.2
1964	294	6.0	1988	597	10.0
1965	267	5.4	1989	614	10.4
1966	282	5.5	1990	664	11.2
1967	347	6.9	1991	639	10.6
1968	351	7.0	1992	683	11.4
1969	328	6.3	1993	804	13.1
1970	344	6.5	1994	776	12.8
1971	346	6.6	1995	787	12.8
1972	365	6.8	1996	837	13.6
1973	365	6.9	1997	755	12.3
1974	372	6.8	1998	762	12.4
1975	481	8.9	1999	788	12.5
1976	459	8.3	2000	746	11.8
1977	494	8.9	2001	782	12.1
1978	475	8.7	2002	832	12.9
1979	516	9.5	2003	812	12.4
1980	528	9.3	2004	871	13.1
1981	565	9.7	2005	821	12.3
1982	548	9.6	2006	838	12.3
1983	561	9.9	2007	820	11.9

Source: Scottish Cancer Registry, ISD.

Notes:

1. Defined as: ICD-10 C15. Cases diagnosed prior to 1997 have been recoded to ICD-10.

2. Information regarding the number of patients diagnosed prior to 1975 is regarded as less reliable.

3. EASR: age-standardised incidence rate per 100,000 person-years at risk (European standard population).

Question reference: S3W-31031

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 25 January 2010
Current Status: Answered by Stewart Stevenson on 4 February 2010

To ask the Scottish Executive by what date the next franchise agreement for passenger rail services must be in place and how long the tendering process must be.

Question reference: S3W-30990

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 21 January 2010
Current Status: Answered by Michael Russell on 3 February 2010

To ask the Scottish Executive whether its powers to call in a school closure decision under the Schools (Consultation) (Scotland) Act 2009 can be used prior to the Act coming into force in cases where a local authority is conducting a consultation based on the Act’s principles.

No. Scottish Ministers will only have the power to call in a local authority school closure decision after the Schools (Consultation) (Scotland) Act 2010 has commenced on 5 April 2010, regardless of whether or not the authority has chosen to consult using the new process set out in the act. If a closure decision is taken prior to the act''s commencement then it will be liable to referral to Scottish Ministers for consent if it meets the criteria (as set out in the answer to the question
S3W-30183 on 14 January 2010).

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/Apps2/Business/PQA/Default.aspx.

Question reference: S3W-30989

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 21 January 2010
Current Status: Answered by Michael Russell on 3 February 2010

To ask the Scottish Executive what the transitional arrangements are regulating local authority consultation on the proposed closure of schools between the Schools (Consultation) (Scotland) Bill being passed by the Scottish Parliament and the Act coming into force.

Schedule 3 of the Schools (Consultation) (Scotland) Act 2010 sets out transitional arrangements for handling consultations underway at the point of commencement of the act on 5 April 2010.

Consultations on proposed school closures that commence before 5 April 2010 should be conducted under the new process set out in the act unless a decision is taken by the council before commencement.

Should a decision be taken before commencement then it would still be liable to referral to Scottish Ministers for consent if it meets the criteria (as set out in the answer to the question S3W-30183 on 14 January 2010).

Should a decision be taken after commencement the consultation would be required to meet the requirements as set out in the Schools (Consultation) Act 2010.

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/Apps2/Business/PQA/Default.aspx.

Question reference: S3W-30988

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 21 January 2010
Current Status: Answered by Michael Russell on 3 February 2010

To ask the Scottish Executive, further to the answer to question S3W-30183 by Michael Russell on 14 January 2010, whether this answer indicates that interested parties are precluded from seeking its intervention in cases where they consider that a local authority consultation in relation to a proposed school closure is flawed, inaccurate and misleading and, if so, what recourse such parties have.

As specified in the answer to question S3W-30183 on 14 January 2010, under current regulations Scottish ministers'' involvement in local authority consultations on school closures is restricted exclusively to prescribed occupancy and distance criteria. Ministers do not have a locus to intervene otherwise, even if someone makes representations to them that they believe the authority''s consultation to be flawed, inaccurate and misleading.

In such circumstances parties could make a formal complaint under the council''s complaints procedure or, if after following such action they remain dissatisfied, refer the matter to the Public Service Ombudsman. Ultimately, the complainant could pursue legal action if they consider that the local authority has not properly fulfilled its statutory responsibilities under the Education (Publication and Consultation Etc.) (Scotland) Regulations 1981.

Once the Schools (Consultation) (Scotland) Act 2010 is commenced on 5 April 2010 the system for referring certain local authority decisions to ministers for consent will be replaced by a ministerial power to call in school closure decisions. In the case of someone believing the authority''s consultation to be flawed, inaccurate and misleading they will be able to make representations to ministers requesting that the decision is called in.

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/Apps2/Business/PQA/Default.aspx.

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