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No working group tocommission research into the impact of New Year’s Day was established.

It is a matter forthe judge in each particular case to consider the appropriate sentence, having regardto the nature of the offence, the offender and any other relevant circumstances.It is for the Scottish Government to ensure that the courts have a good range ofeffective sentencing options available to them. The review of community sentences,announced to Parliament during the “Safer and Stronger” debate on 6 June 2007, istherefore examining how we can reform and revitalise community sentences to offerbetter alternatives to short term prison sentences in terms of rehabilitating offendersand reducing reoffending. The review is expected to report in the autumn. The 2007Spending Review will determine the financial settlement for local authority criminaljustice social work for the three years commencing next April. Decisions will beannounced to the Parliament when that exercise is concluded.

We have begunconsulting stakeholders, through the Community Council Working Group, ondeveloping the role of community councils as an existing statutoryrepresentative body at community level. This includes identifying pilots for supportingcommunity councils in having some control over existing spending in their areato meet specific local priorities.

Flexible access tohealth services forms part of the discussion framework set out in Better Health,Better Care which the Scottish Government published on 16 August 2007.

Better Health,Better Care invites open discussionabout the Scottish Government’s priorities for health and wellbeing in Scotland and the best means to achieve them. It describes thebuilding blocks of our approach and demonstrates our commitment to engagement andinvolvement in everything we do.

The outcome of theBetter Health, Better Care discussion exercise will shape the action plan that wewill publish in December 2007. This will be a detailed plan, with a timetable foraction for NHSScotland at national, regional and local level, as well as a seriesof commitments from our key delivery partners.

As an employer,flexible working has formed a key part of the government’s Diversity Strategy, Positiveabout You, since its launch in November 2000 and it is our aim to ensurethat staff are able to enjoy a satisfactory work-life balance. To this end, weintroduced the opportunity for all staff to apply to work a flexible pattern inJune 2003. In addition, all staff, except a small number who work shifts, areable to participate in the government’s flexible working hours scheme.

Of course thereis a lot more to be done in terms of encouraging flexible working where appropriateacross the public sector. The Scottish government is not in a position todirect other public bodies but is aiming to lead by example. This is important becauseflexible working touches on a number of policy areas where it has the potentialto deliver a range of benefits (e.g. any reduction in commuting has a positiveimpact on the environment and on transport infrastructure; there may bepotential for smaller offices and reduced heating bills and so on).

We have begunconsulting stakeholders, through the Community Council Working Group, ondeveloping the role of community councils. This will include identifying pilotsfor supporting community councils to play a greater role in Community Planningand also for allowing them to have some control over existing spending in theirarea to meet specific local priorities.

I have asked JimMackinnon, the chief planner, to oversee a review of the government estate inScotland. The review will report to me with recommendations by the end ofDecember 2007, and will identify the scope for improvements to be made to thecurrent arrangements, including the scope for disposal of surplus land andbuildings.

Board workforce planspublished in April 2007 have predicted that the overall number of qualified physiotherapistsis projected to increase by 6.9% over the next three years.

There were 2,137.5whole-time equivalent qualified Physiotherapists in NHSScotland at September 2006and the numbers have been increasing by an average of 2.8% over the last  five years.

The Scottish Executivehas no plans to introduce restrictions on trading on New Year’s Day.

I have made clearthat I expect all NHS boards in Scotland to deliver the target of starting firsttreatment for at least 95% of cancer patients within 62 days of urgent referralby the end of this year. Boards are primarily responsible for achieving the targetfor the benefit of patients in their areas. The fact that some boards are alreadymeeting the target in some tumour specific services shows that the target is achievable.

As I announced on29 May 2007, the Health Directorates’ Cancer PerformanceSupport Team is assisting NHS Lanarkshire, and other NHS boards with particulardelivery challenges, in improving cancer waiting times performance. A performanceaction plan has been produced by NHS Lanarkshire and is being implemented with supportfrom the team.