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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 4 August 2025
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Displaying 1174 contributions

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Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 8 September 2021

Paul Sweeney

The issue has been raised in debates in other Parliaments, particularly in relation to myalgic encephalomyelitis. Lyme disease is a contributory factor to the long-term chronic illness that is defined as ME. It might be of interest to better understand the interaction between the research on the two subjects, because the disease is another condition that people often feel is not taken seriously by the medical profession. That might be worth considering, as part of our consideration of the petition.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 8 September 2021

Paul Sweeney

I agree that the current planning framework is not well defined enough in respect of ancient woodlands, and it could benefit from being enhanced, as proposed by the petitioners, to turn ancient woodlands into what are in effect enforced wilderness. As that would be beneficial from a policy perspective, there is a legitimate basis to keeping the petition open.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 8 September 2021

Paul Sweeney

I thank everyone for their enlightening submissions. In particular, I note that the budget for the project has already been approved by Transport Scotland. I would like to know whether that is a general provision or whether the detailed specification is locked in, by which I mean: is the budget conditional on there being an automatic dependent surveillance broadcast system, or could there be a primary and secondary radar system?

I note that the Prospect trade union held a strike at the end of July, which escalated matters. It would be worth finding out what the latest situation is in that regard. We could find out whether the workforce and their representatives would be willing to make a submission on the issue.

Those are the key things that it would be good to know at this point.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 8 September 2021

Paul Sweeney

The concerns raised by the petitioners are incredibly important and colleagues’ submissions today have been enlightening. I am curious about the role of NHS health boards in those areas and how accountable they actually are. That is the elephant in the room here, is it not? They are meant to be the democratic voice of stakeholders in those regions, but it is clear that they are not performing that role effectively, given that this issue is now arising from groups that have been formed more organically underneath that structure. Consideration needs to be given to how effective health boards are in representing the interests of their areas. Should the committee write to ask the health boards how they can respond to the concerns raised by the petitioners and how they can redesign their services to respond to the issues raised by the petitioners?

How transparent are the appointments to those health boards? Is there an election process that is well known about? Should they not be considered to be as important as local council elections, for example, with regard to developing representation? That is therefore an element to consider: how democratic and accountable are health boards? They are quite opaque.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 8 September 2021

Paul Sweeney

I resist the move to close the petition. The issue seems prima facie to be reserved, but significant provisions are in devolved legislation, and particularly the Transport (Scotland) Act 2019. That act provides for establishing bus services improvement partnerships, which probably represent the weakest form of regulation after a purely laissez-faire system. The act also contains provisions on franchising and direct public ownership. The Scottish Government has significant regulatory capacity when defining a bus franchise—for example, it can insist on the achievement of certain service standards. That depends not necessarily on legislation but on how well designed a franchise agreement is.

There are significant financial incentives. About 45 per cent of all bus company turnover in Scotland is from public subsidy, and provisions or conditionality could be attached to that public subsidy, which is from the Scottish Government. New vehicles that were procured could be required to meet a certain quality of specification, which would provide such capability in a service.

Given those factors alone, there are significant provisions for the Scottish Parliament as a legislature to design a better service standard that would meet the petitioner’s concerns. The issue is not solely about reserved powers. The committee also has capacity to engage with the Scotland Office and ask what efforts it might make to amend legislation at Westminster to back up any action. There is a breadth of opportunity for us to pursue the petition.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 8 September 2021

Paul Sweeney

I am generally supportive of the idea of dualling the national trunk road network for safety reasons. That is sometimes conflated with environmental concerns, but the safety implications of dualling on trunk roads are critical.

Elena Whitham raised a wider point about rail substitution. A wider assessment of the ability to move freight from the ports at Cairnryan and Stranraer on to rail is worthy of consideration.

What is lacking, certainly on the west coast, is a port strategy generally. There needs to be consideration of the utilisation of some of the Firth of Clyde ports further north, such as the port at Greenock, for moving freight on to the motorway network. That would help to relieve pressure on the Ayrshire trunk road network.

I think that all these things are considered in isolation, so perhaps it might be worth writing to the relevant ministers to ask for this to be considered in the strategic transport projects review. We need to look at things in a wider sense, because there is no consideration of ports infrastructure in the west of Scotland and how that is managed. It is, in effect, a free market, but that has significant public costs that are not properly accounted for.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 8 September 2021

Paul Sweeney

I echo that challenge to the DWP on the issue of a “like for like basis”. It is also important that we test the provisions of the Scotland Act 2016 on where the competence for devolved benefits and the topping-up or enhancing of existing benefits lies. It is an important issue that we need to interrogate; it merits thorough exploration by the Parliament.

There has been a risk-averse approach in the civil service in designing the benefit, which could cause significant harm to the people in Scotland who we are trying to assist. Fundamentally, the entire system of arbitrary tick-box exercises for assessing eligibility is absurd and has no basis in clinical evidence. It is a policy that is bigoted against disabled people. Redesigning the policy to move away from that would be advantageous from my perspective.

The idea that the Scottish Parliament should default to the same policy is not reasonable. We need to test that issue as such a presumption might be having a chilling effect. The petition is a valid way to interrogate the provisions. There is also the wider constitutional element in testing where the threshold of the 2016 act sits and what discretion the Parliament has. It is important that we do not make people who are suffering significant hardship wait until 2023 for some sort of risk-averse approach to be introduced on a like-for-like basis, and then test it after that. We need to move more urgently.

11:30  

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 8 September 2021

Paul Sweeney

Constituents who have contacted me have raised a wider issue that merits investigation. The use of such products and the potential defects that result in significant chronic pain and other medical complications are not well understood, but the significant level of anecdotal evidence merits formal investigation. Insufficient effort has been put in to achieve that, so the petition is worth while. It would be reasonable to initiate inquiries with the cabinet secretary in the first instance by inviting him to say how the Government will proceed with a formal investigation.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 7 September 2021

Paul Sweeney

I have an additional point, convener. My experience of dealing with planning applications locally is that online consultations have become more of a feature. In many cases, the online facility has increased participation in planning consultations, just because the physical logistics of attending are much more straightforward. This might be an opportunity to ask whether a study has been done of the effectiveness of that procedure. It might be good to consider having online facilities as well as physical facilities. We could ask the Government whether it has reviewed the effectiveness of the way in which consultations have been undertaken.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 1 September 2021

Paul Sweeney

I think that you are right, convener. This might be an instance of the law of unintended consequences. Clearly, the legislation was written with the intention of regulating mass culling of hare populations and shooting of hares. Falconry is such an incidental and marginal activity that it has a negligible effect at any discernible level. I think that there has been an unintentional chilling effect, which we need to address with the Government. It is clear that the submission of the Scottish Government was inadequate with regard to the specifics of falconry.