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Aggregated waiting list data do not contain patient identifiable data and may be processed lawfully without patient consent.

The NHS Scotland Security Policy states that boards will undertake a survey of their information systems and data and make an assessment of the likely security risks, including an evaluation of the likely impact and occurrence of any threats that may disrupt services. Boards then introduce measures to mitigate these risks. These include, but are not limited to, processes such as virus checking, regular patching of operating systems software and the provision of back-up systems.

The national licence for a Patient Management System allows any NHS Scotland organisation to acquire a licence and deploy appropriate parts of the product on payment of agreed support charges. NHS24 currently does not have plans to use TrakCare.

I have decided to defer any decision on setting up the group until after the next spending review.

The referral criteria being used the Golden Jubilee national Hospital, is in line with the SIGN Guideline on the Management of Obesity published in February 2010. The guideline recommendation is that bariatric surgery, including gastric band procedures, should be considered on a individual case basis following assessment of risk/benefit in patients who fulfil the following criteria: body mass index of 35 kg/m2 or over and has the presence of one or more severe co-morbidities which are expected to improve significantly with weight reduction e.g. severe mobility problems, arthritis, type 2 diabetes.

Weight management programmes and clinical psychology programmes, as well as follow up care will be delivered locally by the referring NHS board.

NHSScotland is committed to ensuring that all staff have means available to raise concerns. NHSScotland has developed a model freedom of speech policy, which is contained within the Dealing with Employee Concerns Partnership Information Network (PIN) Policy. This policy, while currently under review nationally, can be found at:

http://www.staffgovernance.scot.nhs.uk/partnership/partnership-information-network/.

All NHSScotland boards have in place a freedom of speech policy based on the minimum standards set out in the PIN policy. In these policies, boards emphasise that they will not tolerate harassment or victimisation of any member of staff who raises a concern (including informal pressure). Any instance of such behaviour will be treated as a serious disciplinary offence under the management of conduct arrangements.

I refer the member to the answer to question S3W-19087 on 5 January 2009. 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.

Recent railway construction projects in Scotland have voluntarily adopted the qualifying criteria and procedures contained within the Noise Insulation (Railways and Other Guided Transport Systems) Regulations (NIR''s), which came into force in England and Wales in 1996 under the Land Compensation Act 1973.

The Scottish Government will assess, with UK colleagues, any consequential requirements for legal regulation if required, following the further adoption of the Environmental Noise Directive (2002/49/EC).

While this is a reserved matter for which Scottish Ministers do not have responsibility, in general terms the Public Interest Disclosure Act 1998 is considered to provide a robust framework which adequately protects individuals making disclosures in the public interest which fall within the terms of the legislation.

The recent Audit Scotland report on Managing NHS waiting lists “ A review of new arrangements published on 4 March stated that New Ways has introduced significant changes to the way patients waits are managed, and NHSScotland has done well to implement the new arrangements.

So yes, I do think the system is working satisfactorily, but we will continue to monitor it and make improvements, where necessary.