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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.

Find out more about parliamentary questions

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Question reference: S3W-28904

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Thursday, 12 November 2009
Current Status: Answered by Shona Robison on 25 November 2009

To ask the Scottish Executive how many school nurses and how many full-time equivalent school nurses were employed in each NHS health area in each of the last four years.

I refer the member to the answer to question S3W-23085 on 29 April 2009, which gave the number of school nurses employed in 2007 and 2008. Data for 2005 and 2006 is unavailable due to the non-direct match between Whitley Council grades and new Agenda for Change bands.

All the 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

Information as at 30 September 2009, will be published on 15 December 2009 and available from the National Services Scotland Information Services Division(ISD) Scotland website link:

http://www.isdscotland.org/isd/796.html.

Question reference: S3W-28906

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Thursday, 12 November 2009
Current Status: Answered by Shona Robison on 25 November 2009

To ask the Scottish Executive what steps it is taking to ensure patient safety by guaranteeing supplies of prescription medicines via community pharmacists in light of restricted supplies by some pharmaceutical companies.

The Scottish Government is aware of the issues impacting on the supply of prescription medicines and is in contact with NHS National Services Scotland and Community Pharmacy Scotland to monitor any supply difficulties and, where possible, will take all appropriate steps to ensure continuity of supply.

Article 81 of EC Directive 2001/83/EC requires that marketing authorisation holders and distributors of their medicines ensure, within the limits of their responsibilities, appropriate and continuous supplies of the medicines so that the needs of patients are met. This requirement was transposed into UK medicines legislation in 2005. Further information can be found on the MHRA website:

www.mhra.gov.uk.

On 13 November 2009, guidance was issued by the MHRA and other key organisations to help pharmaceutical manufacturers and distributors to meet their obligations under article 81. This guidance has been drawn to the attention of NHSScotland under cover of a letter from the Chief Medical Officer and the Chief Pharmaceutical Officer. The letter and guidance can be found at:

http://www.sehd.scot.nhs.uk/publications/DC20091118trading.pdf.

Question reference: S3W-29103

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Wednesday, 18 November 2009
Current Status: Answered by Kenny MacAskill on 24 November 2009

To ask the Scottish Executive what plans it has to keep the public informed of the status of the medical condition of Mr Abdelbaset Ali Mohmed Al Megrahi now that he has survived beyond the time limit referred to in Scottish Government guidance in relation to release on compassionate grounds.

Question reference: S3W-28743

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Friday, 06 November 2009
Current Status: Answered by Nicola Sturgeon on 16 November 2009

To ask the Scottish Executive what guidance it has issued in relation to (a) banning gagging or similar clauses in NHS contracts, (b) requiring removal of gagging or similar clauses in NHS contracts agreed prior to the coming into force of the Public Interest Disclosure Act 1998 and (c) banning gagging or similar clauses in respect of clinical or patient safety issues from any settlement or termination of employment.

All NHS boards in Scotland have responsibility for supporting staff. Employees are encouraged to raise concerns without fear of penalty or victimisation.

All boards have delegated responsibility to ensure that there is a clear commitment to operate in an open, consistent and fair manner with an aim to create a no-blame culture. This commitment is underpinned by the Partnership Information Network (PIN) Policies Dealing With Employee Concerns and Management of Employee Conduct. The Dealing with Employee Concerns PIN includes a model Freedom of Speech Policy which each board is expected to adopt. If a member of staff in the NHS in Scotland has evidence of a compromise to patient or staff safety it is their duty to bring this to the attention of the appropriate manager.

Question reference: S3W-28615

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Tuesday, 03 November 2009
Current Status: Answered by Nicola Sturgeon on 13 November 2009

To ask the Scottish Executive how many derogations have been granted to NHS boards; for what posts, and for how long.

A total of seven rotas were approved by the Cabinet Secretary for Health and Wellbeing and were included in the amendment regulations which were laid before the UK Parliament on 15 October and came into force from 2 November 2009. The derogation applies until 31 July 2011.

The approved rotas and the relevant NHS boards are:

Emergency Medicine, Ayr Hospital - NHS Ayrshire and Arran,

Paediatrics, Borders General hospital - NHS Borders,

Paediatrics, Forth Park Maternity and Victoria Hospitals - NHS Fife,

Emergency Medicine, Monklands Hospital - NHS Lanarkshire,

Emergency Medicine, Haimyres Hospital - NHS Lanarkshire,

Emergency Medicine, Wishaw Hospital - NHS Lanarkshire and

Neonatology, Wishaw Hospital - NHS Lanarkshire.

Question reference: S3W-28614

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Tuesday, 03 November 2009
Current Status: Answered by Nicola Sturgeon on 13 November 2009

To ask the Scottish Executive which NHS boards have requested derogation from the European working time directive; for how many posts, and for how long.

Five NHS boards applied for derogation for a total of 14 rotas for two years. They were:

NHS Ayrshire and Arran,

NHS Borders,

NHS Fife,

NHS Lanarkshire and

NHS Tayside.

A total of seven rotas were approved by me and were included in the amendment regulations which were laid before the UK Parliament on 15 October and came into force from 2 November 2009. The derogation applies until 31 July 2011.

The approved rotas and the relevant NHS boards are:

Emergency Medicine, Ayr Hospital - NHS Ayrshire and Arran,

Paediatrics, Borders General hospital - NHS Borders,

Paediatrics, Forth Park Maternity and Victoria Hospitals - NHS Fife,

Emergency Medicine, Monklands Hospital - NHS Lanarkshire,

Emergency Medicine, Haimyres Hospital - NHS Lanarkshire,

Emergency Medicine, Wishaw Hospital - NHS Lanarkshire and

Neonatology, Wishaw Hospital - NHS Lanarkshire.

Question reference: S3W-28616

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Tuesday, 03 November 2009
Current Status: Answered by Nicola Sturgeon on 13 November 2009

To ask the Scottish Executive what steps it is taking to ensure that full-time junior medical staff who already work 48 hours per week are not additionally employed as NHS locums.

If vacancies exist in junior doctor rotas, NHS boards can employ locums to cover short-term gaps. It is individual boards'' responsibility as employers to ensure that any staff engaged in locum, bank or overtime work, whether junior doctors or other medical staff, do so within the legal limits of the working time regulations (WTR).

These regulations allow individual employees to opt out of the 48 hour limit, providing they sign an agreement voluntarily with their employer to do so. NHS boards are required to keep records of all staff who have signed the opt out. More generally, clinical managers must be satisfied that junior doctors who wish to cover extra shifts are fit to carry out this work.

Question reference: S3W-28506

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Thursday, 29 October 2009
Current Status: Answered by Shona Robison on 12 November 2009

To ask the Scottish Executive, further to the answer to question S3W-26832 by Shona Robison on 7 September 2009, what additional steps it is taking to promote free eye health checks by optometrists beyond the provision of leaflets.

The number of NHS eye examinations undertaken in Scotland has risen consistently by around 100,000 a year since their introduction in 2006. In the first quarter of 2009-10, around 450,000 NHS eye examinations were undertaken which if uptake remains consistent will again result in an increase of around 100,000. This demonstrates that people in Scotland are clearly recognising the benefits of having an eye examination without further promotion.

Although we have no current plans for a campaign to promote free NHS eye examinations there are some projects being developed through pump-priming funding, such as the Glasgow Ethnic Minorities eye care project, which encourage people to attend for NHS eye examinations.

Question reference: S3W-28905

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Thursday, 12 November 2009
Current Status: Awaiting answer

To ask the Scottish Executive what steps it is taking to help resolve the current dispute between pharmaceutical companies and community pharmacists that has resulted in the rationing of supplies of some prescription medicines to community pharmacists ostensibly to prevent exports of medicines.

Question reference: S3W-28216

Asked by: Dr Richard Simpson, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Wednesday, 14 October 2009
Current Status: Answered by Nicola Sturgeon on 11 November 2009

To ask the Scottish Executive whether it has had discussions with the BMA about the decision to change the split of duties in new NHS consultant posts from 7.5 direct clinical care and 2.5 supporting professional activities to nine direct clinical care and one supporting professional activity.

Section 4.2.2 of the current Consultant Grade Terms and Conditions of Service states that, unless otherwise agreed, a full-time consultant will devote 7.5 programmed activities per week to direct clinical care, and 2.5 programmed activities to supporting professional activities. Flexibility around that mix of programmed activities has always been available under those terms and conditions of service and has been, and remains, a matter of negotiation between an employing NHS board and a prospective consultant employee. There has been no single decision in relation to that flexibility or to the ultimate split between direct clinical care and supporting professional activities for new consultant posts.

That flexibility had resulted in new consultant posts being advertised on different bases between NHS boards in Scotland. In the interests of consistency of approach, the management steering group representing NHS Scotland employers issued guidance to all NHS boards earlier this year to the effect that all new consultant posts should be advertised on a starting basis of nine direct clinical care programmed activities to one supporting professional activity. I understand that this guidance is intended to maximise direct clinical care activity while ensuring that necessary supporting professional activity still takes place. The actual split of activity for any individual post is finally agreed between the service and the new consultant appointed; taking into account local circumstances and needs. Current experience shows that, where those circumstances and needs require it, the actual split will vary from the starting 9/1 position.

I have received and responded to written and face-to-face representations from the BMA regarding the employer guidance on the consultant contract, as have my officials. In all of those discussions, the Scottish Government has made clear that the guidance was issued by the NHS employers, not the Scottish Government, and that any issues which arise from it are matters for NHS boards and the BMA.