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Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S4W-07574

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Tuesday, 29 May 2012
Current Status: Answered by Michael Matheson on 11 June 2012

To ask the Scottish Executive what steps it has taken to implement the guidance from the National Institute for Health and Clinical Excellence that recommends screening for tuberculosis in hostels and prisons.

The Scottish TB Action Plan, which was published in March 2011, recommended that the Scottish Health Protection Network should review the output of the National Institute for Health and Clinical Excellence (NICE) initiative to develop guidance aimed at reducing the transmission of TB among hard-to-reach groups, and to consider its applicability in Scotland. This work is ongoing.

Multidisciplinary teams/local services were advised at that time that they should be aware of those groups in their area which were considered to be most difficult to reach, and to design approaches to improve ways of reaching them.

Scottish Government officials have recently undertaken a review of the progress being made on the action plan recommendations by each of the Scottish NHS boards, and an annual report will be published later this year to summarise this.

Question reference: S4W-07582

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Tuesday, 29 May 2012
Current Status: Answered by Michael Matheson on 11 June 2012

To ask the Scottish Executive for what reason optometrists qualified as independent prescribers may not write NHS prescriptions when working in general ophthalmic services.

Question reference: S4W-07565

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Tuesday, 29 May 2012
Current Status: Answered by Michael Matheson on 11 June 2012

To ask the Scottish Executive what steps it can take to have the Mental Welfare Commission added to the list of organisations and individuals to which an employee can whistleblow and receive protection under the Public Interest Disclosure Act 1998.

The Mental Welfare Commission for Scotland has extensive powers of investigation and inquiry under the Mental Health (Care and Treatment) (Scotland) Act 2003. If they think that someone with a mental illness or learning disability is not receiving proper care or treatment, no matter the individual’s setting, then they can make their own inquiries and thereafter make recommendations. The commission also has visiting powers to individuals who are receiving care and treatment for any mental disorder; visits can be to individuals or as part of a programme of themed visits. The commission further has investigative powers under the Adults with Incapacity (Scotland) Act 2000 in relation to any circumstances made known to them in which the personal welfare of an adult with incapacity seems to them to be at risk. The commission therefore investigate cases proactively, where they see something in a service user's paperwork that concerns them, as well as reactively, following up on a report to them of a concern.

The Public Interest Disclosure Act 1998 inserted provisions into the Employment Rights Act 1996 to provide certain protections for “whistleblowing”. The Schedule to SI 1549/1999 then specifies a list of bodies to which disclosure may be made under section 43F of the 1996 act, and the matters which are protected in relation to each such body. In addition, however, it should be noted that currently a worker employed by any body discharging any functions under the Adults With Incapacity Act 2000 or Mental Health (Care and Treatment) (Scotland) 2003 Act can, under certain circumstances, make a disclosure to the Mental Welfare Commission for Scotland under sections 43G and 43H of the Employment Rights Act 1996 Act and be afforded some protection provided, amongst other matters, the disclosure is made in good faith and is reasonable in the circumstances.

The Mental Welfare Commission raised this issue with the Scottish Government recently, and we are therefore currently considering whether or not the Commission should be added to the schedule to Statutory Instrument 1549/1999, to bring it within the scope of section 43F and, if so, the matters disclosed to the Commission which should be protected. The Employment Rights Act 1996 is reserved in terms of schedule 5 of the Scotland Act 1998. Any revision would therefore involve discussions with UK Ministers.

Question reference: S4W-07571

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Tuesday, 29 May 2012
Current Status: Answered by Nicola Sturgeon on 11 June 2012

To ask the Scottish Executive how it will ensure that all NHS boards record at both area partnership and board level all concerns raised by staff and the actions taken.

The Implementing and Reviewing Whistleblowing Arrangements in NHSScotland Partnership Information Network (PIN) Policy, which was published in December 2011, includes provision for audit and review. The PIN Policy clearly sets out boards’ obligations in terms of local policies developed in line with the PIN. The operation of local policies, which should be monitored by the area partnership forums, should include regular feedback sessions with area partnership forums to evaluate progress and collect data on the nature and number of concerns raised.

Question reference: S4W-07576

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Tuesday, 29 May 2012
Current Status: Answered by Michael Matheson on 11 June 2012

To ask the Scottish Executive what steps it (a) has taken or (b) will take to ensure that the public is provided with information about the (a) risks, (b) limitations and (c) possible benefits of screening for medical conditions involving (i) the use of genetic testing and (ii) exposure to radiation offered by commercial companies.

The Scottish Government does not provide the public with information about risks, limitations and possible benefits of screening provided by commercial companies.

The Scottish Government provides the public with information about the risks, limitations and possible benefits for population-based screening, in line with the advice from the UK National Screening Committee. This information is included in the NHS Health Scotland leaflets and these leaflets are available to download from the NHS Health Scotland website at: http://www.healthscotland.com/topics/health-topics/screening/breast.aspx.

In addition, information on the risks of radiation is also published on the NHS Inform website at: http://www.nhsinform.co.uk/Health-Library/Articles/R/radiation/risks-of-radiation.

We are supportive of the Human Genetics Commission’s (HGC) Common Framework of Principles for direct-to-consumer genetic testing services which was published in 2010 and which aims to tackle informed consent, marketing, risk communication, availability of counselling and data protection for direct to consumer genetic testing. It is important that when people choose to undergo this kind of genetic testing that they have the appropriate information available to them and if necessary access to appropriate counselling and support.

If HGC makes any recommendations on devolved matters for Scotland, the secretariat will ensure that these are presented in reports so that they are clearly distinguished as matters for the relevant territories. Devolved administrations will then be able to respond to them as appropriate.

Genetic tests with a medical purpose are covered by the In Vitro Diagnostic Medical Devices Directive (98/79/EC) and, as such, the test kits used should be CE-marked. This directive is intended to ensure that IVDs do not compromise the health and safety of patients, users and third parties and attain the performance levels attributed to them by their manufacturer.

Question reference: S4O-01121

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Wednesday, 06 June 2012
Current Status: Taken in the Chamber on 14 June 2012

To ask the Scottish Executive what recent discussions it has had with NHS boards that show significant variation below the mean in the recording of either referral to treatment or waiting time targets.

Question reference: S4F-00736

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Monday, 28 May 2012
Current Status: Taken in the Chamber on 31 May 2012

To ask the First Minister whether the 48-hour waiting time target for access to a GP or relevant healthcare professional is being met across Scotland.

Question reference: S4F-00682

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Monday, 14 May 2012
Current Status: Taken in the Chamber on 17 May 2012

To ask the First Minister what the Scottish Government's response is to the finding in the report by the Royal Pharmaceutical Society in Scotland that care home patients are being prescribed powerful drugs for long periods of time without proper checks.

Question reference: S4W-06915

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Wednesday, 25 April 2012
Current Status: Answered by Derek Mackay on 9 May 2012

To ask the Scottish Executive what processes are in place to ensure that community planning partnerships take account of primary and community healthcare and other social needs when taking strategic decisions.

Question reference: S4W-06735

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Tuesday, 17 April 2012
Current Status: Answered by Richard Lochhead on 1 May 2012

To ask the Scottish Executive what evidence base is to be referenced in the Health and Environmental Sustainability Framework to meet the stated objective of using "the latest research evidence to link our environmental goals to our food and nutritional goals".