Tuesday 27 March 2012

SCOTTISH EXECUTIVE

Enterprise and Environment Malcolm Chisholm (Edinburgh Northern and ) (): To ask the Scottish Executive whether it will list the dates from January 2011 to March 2012 of each incident at the Seafield Wastewater Treatment Works in which odour was emitted from the plant. (S4W-06226) Malcolm Chisholm (Edinburgh Northern and Leith) (Scottish Labour): To ask the Scottish Executive what operational difficulties arose at the Seafield Wastewater Treatment Works in late February and early March 2012. (S4W-06227) Malcolm Chisholm (Edinburgh Northern and Leith) (Scottish Labour): To ask the Scottish Executive what risk assessments have been carried out in anticipation of increased flows of sludge through the Seafield Wastewater Treatment Works. (S4W-06228) Malcolm Chisholm (Edinburgh Northern and Leith) (Scottish Labour): To ask the Scottish Executive whether the operation of an additional mobile centrifuge at the Seafield Wastewater Treatment Works will compromise the efficiency of the odour control units. (S4W-06229) Malcolm Chisholm (Edinburgh Northern and Leith) (Scottish Labour): To ask the Scottish Executive whether recent reports of odour from the Seafield Wastewater Treatment Plant indicate a failure of its odour improvement plan. (S4W-06230) Malcolm Chisholm (Edinburgh Northern and Leith) (Scottish Labour): To ask the Scottish Executive who is liable for further improvements if the odour improvement plan at the Seafield Wastewater Treatment Works fails. (S4W-06237) Malcolm Chisholm (Edinburgh Northern and Leith) (Scottish Labour): To ask the Scottish Executive how many employees are normally on duty at the Seafield Wastewater Treatment Works from (a) 8 am to 8 pm Monday to Friday, (b) 8 pm to 8 am Monday to Friday, (c) 8 pm on Friday to 8 am on Saturday, (d) 8 am to 8 pm on Saturday and Sunday and (e) 8 pm on Sunday to 8 am on Monday, and how many will be employed at these times in the weeks beginning Monday 19 and 26 March and 2 April. (S4W-06239) Alex Neil: This is an operational matter for Scottish Water. I understand that the member met with Scottish Water on Friday 23 March 2012 to discuss this issue.

Malcolm Chisholm (Edinburgh Northern and Leith) (Scottish Labour): To ask the Scottish Executive when monitoring of the odour improvement plan at the Seafield Wastewater Treatment Works will end. (S4W-06231) Alex Neil: This is a matter for Edinburgh City Council. I understand that the council's agreed monitoring and assessment programme, set up to assess the effectiveness of the Scottish Water Seafield Odour Improvement Plan (OIP), is scheduled to operate for a 12 month period, 1 June 2011 to 31 May 2012.

Malcolm Chisholm (Edinburgh Northern and Leith) (Scottish Labour): To ask the Scottish Executive what criteria will be used to evaluate the effectiveness of the odour improvement plan at the Seafield Wastewater Treatment Works. (S4W-06232) Alex Neil: The Sewerage Nuisance (Code of Practice) (Scotland) Order 2006 (COP) provides guidance on the methods of determining the effectiveness of an Odour Improvement Plan, providing a number of criteria to be taken into consideration. The findings of the Edinburgh City Council’s monitoring and assessment programme will be assessed taking these criteria into account.

Malcolm Chisholm (Edinburgh Northern and Leith) (Scottish Labour): To ask the Scottish Executive how the long-term efficacy of the odour improvement plan at the Seafield Wastewater Treatment Works will be evaluated. (S4W-06233) Alex Neil: It is for Scottish Water to evaluate the long-term efficacy of the Odour Improvement Plan. Edinburgh City Council will continue to carry out monitoring for Code of Practice compliance at Seafield and investigate odour complaints as required by the Water Services etc. (Scotland) Act 2005.

Malcolm Chisholm (Edinburgh Northern and Leith) (Scottish Labour): To ask the Scottish Executive for what reason the recently reported problem causing odour to be emitted from the Seafield Wastewater Treatment Works was not anticipated during the design of the odour improvement plan. (S4W-06234) Malcolm Chisholm (Edinburgh Northern and Leith) (Scottish Labour): To ask the Scottish Executive whether the odour improvement plan for the Seafield Wastewater Treatment Works was designed as a holistic plan to significantly reduce odour emissions. (S4W-06235) Alex Neil: This is an operational matter for Scottish Water as it designed and implemented the Odour Improvement Plan. I understand that the member met with Scottish Water on 23 March 2012 to discuss this issue.

Malcolm Chisholm (Edinburgh Northern and Leith) (Scottish Labour): To ask the Scottish Executive whether it considers that odour discharge from the Seafield Wastewater Treatment Works represents a failure of the odour improvement plan even when the odour is not a result of a failure of the system put in pl૎ as a result of the plan. (S4W-06236) Alex Neil: This is a matter for Edinburgh City Council. I understand that as the investigation into the recent odour incident is still ongoing, the council intends to have discussions with Scottish Water and SEPA regarding the findings of that investigation.

Malcolm Chisholm (Edinburgh Northern and Leith) (Scottish Labour): To ask the Scottish Executive whether options necessitating further investment have been considered in the event of failure of the odour improvement plan at the Seafield Wastewater Treatment Works. (S4W-06238) Alex Neil: The Code of Practice requires Scottish Water to adopt the Best Practicable Means for controlling malodour from Waste Water Treatment Works. As part of the evaluation of the monitoring of the recently completed odour improvement plan, Edinburgh City Council will discuss with Scottish Water whether additional measures are necessary. Health and Social Care Alison McInnes (North East Scotland) (Scottish Liberal Democrats): To ask the Scottish Executive what information it has on whether, due to the failure of a commercial test kit, anyone in Scotland has been incorrectly diagnosed as having (a) syphilis or (b) the wrong form of syphilis, broken down by NHS board. (S4W-06215) Michael Matheson: A total of two individuals were diagnosed incorrectly as having syphilis but did not have syphilis; both were treated but subsequently told that they were syphilis negative. Two individuals were diagnosed as having recent syphilis and treated as such. However, due to the suboptimal performance of the assay in question, it is possible that these individuals had either recent or longstanding syphilis; accordingly, they were informed of this and were administered a different treatment regimen to the one originally administered. All initial diagnoses were made during the period November 2010 to September 2011. Because of the very small numbers involved there is the potential to breach patient confidentiality by identifying the NHS boards involved.

Mary Scanlon (Highlands and Islands) (Scottish Conservative and Unionist Party): To ask the Scottish Executive what health problems can result from vitamin D deficiency. (S4W-06257) Michael Matheson: Vitamin D deficiency has a negative impact on bone mineralization leading to Rickets in children. Adults with vitamin D deficiency may experience bone pain and/or osteomalacia (soft bone). There has been emerging evidence linking vitamin D deficiency into a number of different conditions. The Scientific Advisory Committee on Nutrition will be looking at the evidence in their review of Vitamin D and will make recommendations on their findings.

Mary Scanlon (Highlands and Islands) (Scottish Conservative and Unionist Party): To ask the Scottish Executive what research has been done in Scotland in relation to vitamin D deficiency. (S4W-06258) Michael Matheson: There are a number of research projects we are aware of that are both under way and have been completed on vitamin D in Scotland, two of which concentrate on looking at vitamin D deficiency: Paul Haggerty Rowett Institute of Nutrition and Health University of Aberdeen Vitamin D in pregnancy at high latitude in Scotland, Which is presently undergoing the peer review process. The Food Standards Agency are also carrying out research based on blood samples collected from the Scottish Health Survey over two years 2010-11 and 2011-12 the results of which are due to be published at the end of this year. The following are other pieces of research into vitamin D: CZG/2/513 Dr James Flett Wilson Public Health Sciences, University of Edinburgh, Teviot Place, Edinburgh EH8 9AG Orkney Complex Disease Study: Northern Isles Vitamin D Study - prevalence and impact of hypovitaminosis D in a high risk population End date March 2012 CZH/4/470 Dr Miles Witham Section of Ageing and Health, Ninewells Hospital Dundee DD1 9SY Can high-dose vitamin D supplementation reduce blood pressure and markers of cardiovascular risk in older people with isolated systolic hypertension? End date Jan 2012 CZH/4/529 Professor Harry Campbell Public Health Sciences/Institute of Genomics and Molecular Medicine University of Edinburgh, Teviot Place Edinburgh EH8 9AG A Mendelian Randomisation study of vitamin D on colorectal cancer risk End date Dec 2011. The Scientific Advisory Committee on Nutrition have been made aware of all these research projects in relation to their review of vitamin D.

Richard Simpson (Mid Scotland and Fife) (Scottish Labour): To ask the Scottish Executive which local authorities have not implemented the Food Hygiene Information Scheme. (S4W-06259) Michael Matheson: All local authorities in Scotland intend to implement the scheme, subject to FSA agreeing support arrangements with those most recently coming on board. Twenty local authorities have already launched the scheme. Information on these can be found at the following link: http://www.food.gov.uk/scotland/safetyhygienescot/foodhygieneinfoscot/ The remaining 12 local authorities are at various stages of implementation; please see the following table for further information. Local authorities at various stages of implementation but not yet at the launch stage: 1. Highland Council - due to launch in May 2012 2. East Ayrshire Council - due to launch in December 2012 3. Orkney Islands Council – launch date to be advised 4. Comhairle nan Eilean Siar – launch date to be advised 5. Dumfries and Galloway Council - launch date to be advised 6. North Ayrshire Council - launch date to be advised 7. Falkirk Council - launch date to be advised 8. North Lanarkshire Council - launch date to be advised 9. Shetland Islands Council - launch date to be advised 10. South Lanarkshire Council - launch date to be advised 11. West Lothian Council – launch date to be advised 12. East Dunbartonshire Council - launch date to be advised.

Richard Simpson (Mid Scotland and Fife) (Scottish Labour): To ask the Scottish Executive which local authorities (a) are and (b) are not awarding Eat Safe awards. (S4W-06260) Michael Matheson: There are currently 23 out of 32 Scottish local authorities awarding Eat Safe Awards. The 23 local authorities that are awarding Eat Safe are: Aberdeen City Council Aberdeenshire Council Argyll and Bute Council City of Edinburgh Council Clackmannanshire Council Dumfries and Galloway Council East Ayrshire Council Falkirk Council Fife Council Glasgow City Council Highland Council Midlothian Council Moray Council North Ayrshire Council North Lanarkshire Council Renfrewshire Council Scottish Borders Council Shetland Islands Council South Ayrshire Council South Lanarkshire Council Stirling Council West Dunbartonshire Council West Lothian Council. The nine local authorities that are not awarding Eat Safe are: Angus Council Comhairle nan Eilean Siar Dundee Council East Dunbartonshire Council East Lothian Council East Renfrewshire Council Inverclyde Council Orkney Islands Council Perth and Kinross Council.

Gil Paterson (Clydebank and Milngavie) (): To ask the Scottish Executive whether it will extend the duration of the public inquiry into the Clostridium difficile outbreak at the Vale of Leven hospital. (S4W-06462) Nicola Sturgeon: Lord MacLean, Chairman of the Vale of Leven Hospital Inquiry wrote to me on the 25 January 2012 requesting a further extension to the duration of the Inquiry which was due to report by September 2012. Lord MacLean has indicated that due additional time being required to examine the treatment of individual cases and because of Counsel commitments, additional time is required to prepare his final report. This has led to a request to extend the date of publishing the final Inquiry report to 31 May 2013. To enable Lord MacLean to fully complete the Inquiry remit, I have agreed to this extension.

Learning and Justice Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (Scottish National Party): To ask the Scottish Executive, in light of recent allegations that the Crown Office did not act with propriety in the disclosure of evidence to the defence team in the case of Abdelbaset Ali Mohmed Al Megrahi, whether the Scottish Government (a) has the power under the Inquiries Act 2005 to establish an inquiry into the actions of the Crown Office and (b) can refer the matter to the Inspectorate of Prosecution in Scotland. (S4W-06179) Kenny MacAskill: The only appropriate forum for determining Abdelbaset Ali Mohmed Al-Megrahi’s guilt is a court of law. The recent selective and partial reporting of the Scottish Criminal Cases Review Commission’s Statement of Reasons in relation to his conviction referred to issues in Mr Al-Megrahi’s second appeal which would have been properly considered by the Appeal Court had Mr Al-Megrahi not withdrawn his appeal. The Scottish Ministers have a general power under section 1 of the Inquiries Act 2005 which allows a minister to hold an inquiry in relation to a case where it appears to him that particular events have caused, or are capable of causing, public concern, or there is public concern that particular events may have occurred. Under the Criminal Proceedings etc (Reform) (Scotland) Act 2007, the Chief Inspector of Prosecution in Scotland is required to submit to the Lord Advocate a report on any particular matter connected with the operation of the Service which the Lord Advocate refers to the Inspector. The Scottish Government has no power to direct the Inspectorate of Prosecutions to establish an inquiry on any matter.

Jenny Marra (North East Scotland) (Scottish Labour): To ask the Scottish Executive when it will bring forward plans for the summit on human trafficking that the Cabinet Secretary for Justice referred to in the parliamentary debate on the subject on 29 February 2012 (Official Report, c. 6697). (S4W-06358) Kenny MacAskill: The summit will be held during the course of this calendar year. More detailed arrangements will be announced in due course.

Strategy and External Affairs Jim Eadie (Edinburgh Southern) (Scottish National Party): To ask the Scottish Executive what discussions it has had with the Home Office since 2007 to ensure that, when immigration rules and policies are drafted, proper regard is given to the policies of the devolved administrations and institutions. (S4W-06079) Fiona Hyslop: Since 2007 ministers have regularly engaged with the UK Government to press the need for flexibilities in the immigration system that reflect Scotland’s interests. In addition, we have worked with stakeholders from across the public and private sector to provide detailed responses to UK Government consultations, which highlight the potentially damaging economic impact of restricting Scotland’s ability to attract international talent.