Seòmar agus comataidhean

As stated in my answer toS2W-24555 answered on 19 April 2006, the Executive has not issued any specific guidanceto local authorities in relation to their obligations under equal pay. Generaladvice and guidance on such matters has, as you know, been published by theEqual Opportunities Commission (EOC).

Once the Gender EqualityDuty takes effect in April 2007, there will be a statutory requirement on allpublic bodies, including local authorities, to ensure that the policies theydevelop and services they deliver meet the potentially different needs of womenand men.

All answers to written parliamentaryquestions are available on the Parliament's website the search facility forwhich can be at:

http://www.scottish.parliament.uk/webapp/wa.search.

The Executive has not so farbeen asked formally by COSLA to provide additional funding to help implementthe Agreement although individual councils have asked for assistance from the Executive to meet their particular circumstances. The pay and conditions of local government staff arematters for local authorities who have an obligation, like other employers, toensure that they comply with all employment legislation.

However, COSLA has soughtfunding support from the Executive to meet other financial pressures facingcouncils and I have said on a number of occasions that I am prepared to lookagain at the funding for local government in 2007-08 and that remains theposition.

The rate of progress regardingthe implementation of the Gender Equality Duty for public authorities depends onthe precise form and scope of the duty - and the specific duties for Scotland arenot due to be lain before the Scottish Parliament until October 2006.

When the Scottish duties becomelaw, the Equal Opportunities Commission Code of Practice and accompanying guidanceon the implementation of the Gender Equality Duty will also be available to publicauthorities. This will be an important tool in helping public bodies to understandand meet the statutory requirements on them (with effect from April 2007) to promoteequality between women and men.

We have already implemented thoseparts of The Vulnerable Witnesses (Scotland) Act 2004 which help child and adult vulnerable witnessesin High Court and sheriff court solemn proceedings and children’s hearings to givetheir evidence. We have appointed independent research contactors to monitor andevaluate the impact of these provisions. The contractors are due to report in thesummer of 2007 when their findings will be reviewed. We will continue monitoringand evaluation for some time and will include the provisions for witnesses in sheriffcourt summary and all civil proceedings when they are implemented.

In criminal proceedings, under the Sexual Offences (Procedureand Evidence) (Scotland) Act 2002, the accused in rape and sexual offence cases areprevented from personally cross-examining the complainer and are required to belegally represented for the whole trial. In addition, there are significant restrictionson the extent to which evidence can be led regarding the character or sexualhistory of the complainer in rape and other sexual offence cases. The Executivehas no plans to extend these provisions to civil cases.

TheVulnerable Witnesses (Scotland) Act 2004 provides for the use of special measures,such as screens, a supporter, a prior statement as evidence in chief, live TVlink and the taking of evidence by a commission, by adult vulnerable witnesseswhen giving their evidence. An adult vulnerable witness can include anyone where there is a significantrisk that the quality of their evidence may be diminished by reason of fear ordistress in connection with giving evidence at the trial. Applying thisdefinition will enable the court to take into account the wider circumstancesof the case, such as the nature of the evidence the witness will give, and anyrelationship between the witness and the accused. Such considerations arelikely to be particularly relevant in cases, whether criminal or civil, whichmay involve a witness being questioned about sexual matters.

Provisions inthe Vulnerable Witnesses Act will be implemented for civil proceedings from October2007.

The following table shows percentageincreases in pay for nurses, allied health professions, hospital doctors and dentistsexpressed in cash terms and in real terms since 1997.

The Executive does not hold informationon registration fees for regulatory bodies as these are independent organisations.

Year	Nurses, Midwives and Allied Health Professions		Hospital Doctors and Dentists
	Cash terms	Real terms1		Cash terms	Real Terms1
1997-98	3.3% staged2	0.3%		3.4% staged3	0.4%
1998-99	3.8% staged4	1.2%		4.2% plus 0.35% for pensions staged4	1.6%
1999-2000	4.7% plus uprating of some allowances	2.7%		3.5% plus £500 on consultants’ scale maximum	1.5%
2000-01	3.4% plus uprating of some allowances and changes to grade D incremental scale	2.1%		3.3%	2.0%
2001-02	3.7% plus average 2% for F-I grades by consolidation of discretionary points	1.2%		3.9%	1.4%
2002-03	3.6% plus increase in allowances and changes to some pay scales	0.4%		3.6% plus increases in pay scale maxima for senior house officers, staff grades and associate specialists	0.4%
2003-04	3.225%	0.6%		3.225% plus changes to pay scale for staff grades and associate specialists	0.6%
2004-05	3.225%	1.0%	Consultants on 2003   contract Consultants on pre-2003   contract Doctors in training staff grades and  associate specialists	3.225%   2.5%   2.7% 2.7% plus changes to incremental and discretionary scales	1.0%   0.3%   0.5% 0.5%
2005-06	3.225%	1.1%	Consultants on 2003   contract Consultants on pre-2003   contract Doctors in training Staff grades and  associate specialists	3.225%   3.0%   3.0% 3.225%	1.1%   0.9%   0.9% 1.1%
2006-07	2.5%	0.1%	Consultants on 2003   contract Consultants on pre-2003   contract Doctors in training Staff grades and  associate specialists	2.2% staged5   2.2% staged5   2.2% 2.4%	-0.2%   -0.2%   -0.2%  0.0%

Notes:

1. Using GDP deflators as at 29 March 2006

2. Staged: 2.8% from 1 April 1997 balance from 1 December 1997.

3. Staged: 2% from 1 April 1997 balancefrom 1 December 1997.

4. Staged: 2% from 1 April 1998 balancefrom 1 December 1998.

5. Staged: 1% from 1 April 2006 balancefrom 1 November 2006.

The Scottish Executive has noauthority over the regulation of nurses and midwives as this is a reserved matter.The Nursing and Midwifery Council sets the standards for professional self-regulationand must be responsible for the setting of fees at an appropriate level to achievethis. The Scottish Executive will reply to the current consultation on the proposedregistration fee increase.

Such identification would befor local authorities, in association with their PPP partners where appropriate.What the Executive has done is to encourage authorities to evaluate all new schools,no matter the type of procurement, to see how they are meeting the needs of users.Our guidance suggests that such evaluation be conducted after 12 months when a fullclimate cycle has been experienced.

The Scottish Executive has nottaken steps to identify how many hospitals built under PFI/PPP contracts have experiencedproblems with excessive heat. However, a report commissioned to evaluate the performanceof Public Private Partnerships in Scotland was published by the Executive in May 2005. In general,the research found no evidence that PPP operatorsdelivered a better or worse standard of service than the public sector. The reportcan be found at:http://www.scotland.gov.uk/Publications/2005/05/05153704/37067.

The output specifications forsuch contracts are expected to meet the requirements of statutory standards andthe detailed operational guidance available to NHSScotland in relation to the environmentalcontrol of healthcare buildings and are a matter for individual NHSScotland bodiesresponsible for each.

The information requested isnot held centrally. When commissioning new Scottish hospitals, the specificationof air conditioning is a matter for NHSScotland Bodies to consider in accordancewith statutory standards and current operational guidance.