Scottish Parliament e-Brief

Issue 18, 8^th May 2000

SECTION 1 - BUSINESS THIS WEEK

THE CHAMBER

Wednesday 10^th May

• SNP Debate on Independence
• Members Business: The Black Cuillin (John Munro)

Thursday 11^th May

• Ministerial statement on Drugs Action Plan
• Debate on a motion by the Transport and Environment Committee on Report on Telecommunications.
• Question Time
• Debate on an Executive Motion on Special Educational Needs.
• Members Business: A90 Upgrade (David Davidson)

For briefings on the main debates, see section 3.

COMMITTEE BUSINESS

Equal Opportunities

• Caledonian MacBrayne – evidence

Finance

• European Funding Inquiry

Justice & Home Affairs

• Draft Regulation of Investigatory Powers (Scotland) Bill

Local Government

• Ethical Standards in Public Life etc (Scotland) Bill - evidence

Rural Affairs

• National Parks (Scotland) Bill
• Scottish Executive Budget Proposals 2000/01

Social Inclusion, Housing & the Voluntary Sector

• Inquiry into drug misuse and deprived communities*

Also Meeting: Health & Community Care; Subordinate Legislation; Transport & the Environment.

*To be held in private

SECTION 2 - NEWS

BOYACK PLEDGES TO HALT DECLINE IN BUS PASSENGERS

Last Thursday, Transport Minister, Sarah Boyack, outlined her vision for improved bus services across Scotland to give passengers "an attractive transport choice, not a last resort."

Commenting on figures published on 4^th May in the Statistical Bulletin Bus and Coach Statistics 1998-99, Sarah Boyack said:

"The increase in total distance travelled by local bus services in the ten years to 1998-99 is welcome news, however the decline in the number of passenger journeys is something which must be turned around.

"The Executive is committed to an integrated transport system which recognises the need for high quality transport choices. Encouraging passengers to use the most suitable form of transport for their journey - whether that be car, bus, train, boat or bicycle - is our goal.

"The Executive wants to see bus services which are an attractive transport choice, not a last resort. We are committed to introducing measures to increase bus usage to help tackle congestion, improve air quality in inner cities and improve accessibility in rural areas.

"Good quality travel information and user-friendly ticketing arrangements are essential if we are to increase bus usage. Our five-point action plan to turn through-ticketing into a reality and put an end to the frustration caused by purchasing multiple tickets for single journeys, states that we will:

• legislate to give authorities powers to require the setting up of joint ticketing schemes;
• hold a Through-Ticketing Summit later this year to enable discussion among all those concerned to allow us to move forward strategically;
• establish a Through-Ticketing Expert Group to monitor progress to ensure an integrated approach throughout Scotland;
• commission a programme of research to establish what more needs to be done and how we can make full use of e-commerce;
• ensure developments on through ticketing are compatible with the development of the National Public Transport Timetable.

"Through our Integrated Transport Bill we propose to grow the bus market by legislating to give statutory backing to Quality Partnerships and where necessary Quality Contracts to ensure high quality bus services and facilities tailored to local needs.

"We also propose to legislate to promote simple, flexible ticketing systems and clear, reliable, accessible passenger information. This will involve placing a duty on authorities to ensure information on bus times, routes and fares, is available locally to the public and require a minimum provision of information at bus stops."

ON-LINE TRAINING "KEY TO FUTURE ECONOMIC SUCCESS" SAYS HENRY MCLEISH

On-line skills training will revolutionise lifelong learning and create better job opportunities for people in Scotland, Minister for Enterprise and Lifelong Learning, Henry McLeish said last Friday.

Mr McLeish was launching a pilot on-line training facility aimed at improving the IT skills of employees and developed by Fife College and the Bank of Scotland.

The on-line classroom will be available to all companies in Scotland. Forty will take part in the pilot and courses can be accessed by employees through the Internet.

Mr McLeish said:

"This joint venture shows how an enterprising further education college and a leading commercial organisation can share their expertise to create an innovative learning service.

"This on-line training facility will let students improve and update their IT skills, improving their employability and the work they can do for employers.

"Our businesses and colleges must continue to build partnerships to make the most of their expertise. This shared knowledge can be used to improve training and learning opportunities for people in Scotland.

"The Scottish Executive is committed to building a learning nation where everybody has access to excellent training and education opportunities. In the drive to build a successful knowledge economy, quality training and skills are they key. If we are to compete with the best economies in the world we must develop a highly flexible and trained workforce. It is important we ensure that education and training responds to the skills needs of employers and individuals.

"I congratulate Fife College and the Bank of Scotland on this innovative project which sets a precedent I would like other colleges and business in Scotland to follow."

The Bank of Scotland has been working for some time on the development of enhanced Small and Medium Sized Enterprises (SMEs) services. SMEs will be able to access the on-line training facility via the Bank's website. Fife College is providing on-line tutor support for some elements of the training.

The importance of developing the skill sets of employees and knowledge on a whole range of business-related topics, without the need to travel or a large financial commitment from the employer, is viewed as a significant step forward for the SME business community.

Many SME employees need to develop their IT skills and the project seeks to support these employees in the workplace by offering the European Computer Driving License (ECDL). The ECDL software is fully interactive and allows the learner to follow a course of learning tailored to their own skills level. Students studying the ECDL software will be allocated to a Fife College tutor, who will support the learner throughout the learning process.

SECTION 3 - NOTES ON THIS WEEK’S DEBATES

SPECIAL EDUCATIONAL NEEDS

Sharing knowledge and raising awareness of special educational issues is important if we are to ensure that every child fulfils their educational potential. The position of the Scottish Executive is that:

• It is committed to maximising opportunities for children and young people with special educational needs.
• It is also committed to diversification within the schools system, working to provide an education which is suitable to each individual child’s needs.
• While working towards greater integration of children with special educational needs in the mainstream school system, the Executive’s aim is to offer choice and appropriate education for each child’s needs.

The key issues are as follows:

• Achieving the correct balance between mainstreaming and special schools. Where there is a need for residential care, the Executive is supportive of localised provision of services and involving parents as much as possible.
• Modernising the funding arrangements for special schools. Next year funding for grant aided special schools will be allocated to local authorities.
• Statutory provision to clarifying the responsibility of the local authority. The Executive believes this issue has now been addressed in the Standards in Scotland’s Schools Bill.
• Increased resources for special educational needs. The Executive has committed a further £12 million over two years, with £2.2 million available to voluntary and non-statutory organisations through the Special Educational Needs Innovation Grant Programme.
• The issue of equity in the school day. The Executive will prepare advice for local authorities and schools to ensure equitable teaching hours.
• A new National Advisory Forum. The forum will advise Ministers on issues affecting children and young people with special educational needs.
• The launch of a parents’ guide to special educational needs – the Enquire guide.

DEVELOPMENTS IN TELECOMMUNICATIONS

There will be a debate led by the Transport and Environment Committee on the morning of Thursday 12^th May on their report on Telecommunications Developments. The motion sponsored by Andy Kerr, Convenor of the Committee reads:

"That the Parliament notes the 3^rd Report, 2000 of the Transport and the Environment Committee, Report on the inquiry into proposals to introduce new planning procedures for telecommunications developments (SP Paper 90), and commends the recommendations to the Scottish Executive"

Background

The Telecommunications industry is a rapidly changing industry. Mobile phones are a part of modern life and an estimated 190 million mobile phones are in use worldwide and some estimates predict there will be 700 million subscribers by the year 2002.

At the present time, under the Town and Country Planning (general Permitted Development (Scotland) Order) 1992, the erection of a mast is permitted, provided it does not exceed a height of 15 metres above ground level. There are restrictions on masts above that height and on masts below 15 metres in the most sensitive landscape areas. The Telecommunications Act obliges telecommunications operators (mainly mobile phone companies) to have provided network coverage of 90% of the country by the end of 1999. If that target is not achieved operators’ licences can be revoked.

Concerns from the public and environmental organisations led to Calum MacDonald the then Scottish Office Minister announcing a number of proposals aimed at tightening the regulations relating to telecommunications masts.

Prior Approval

The proposals concern the introduction of a ‘prior approval’ procedure for considering these developments. This process of ‘prior approval’ does not require that a development have full planing permission but proposes a 2-stage procedure for ground-based masts. This would comprise:

• A period in which the planning authority would consider whether prior approval was required (stage 1); and if the authority considers that prior approval is required,
• A further period in which the local authority would consider whether to grant or refuse approval to siting and appearance and consider any representations (stage 2)

Decisions on whether prior approval is required should be based on clear, publicly stated planning criteria, developed locally. Authorities would have a specified period of time to decide whether prior approval is required. If it is decided that prior approval is needed, the authority must advertise the development in the local press. This would inform local people of the proposed development and allow them to make representations to the planning authority. If in either of the two stages the planning authority fails to meet these time scales, then the operator would have the right to carry out the development. However, if there was a serious threat to amenity, the planning authority could refuse approval.

Developments in SSSI’s (Sites of Special Scientific Interest)

Telecommunications operators are permitted development rights in SSSI’s (although some may be exempt if they also happen to have another designation, like National Scenic Area). The government considers the protection of SSSI’s to be essential for the protection of habitats and species and it is also proposed that current restrictions and conditions relating to telecommunications masts in National Scenic Areas should be extended to cover SSSI’s.

Mast Sharing

In providing a national telecommunications network, operators may consider it necessary to propose development in sensitive location where mast installation could be expected to have a considerable impact on amenity. To minimise impacts, the planning authority may consider that it would be preferable that all mast development be confined to a single site. Where such sites have been identified, planning authorities may wish to consider entering into a planning agreement in order to provide a binding and enforceable requirement that the mast site would be available for sharing.

The Committee’s Inquiry

The Scottish Parliament’s Transport and the Environment Committee announced on 27 September 1999 that it intended to hold an inquiry into the Scottish Executive’s proposals to introduce new planning procedures for telecommunications developments. The Committee was interested in:

• whether telecommunications developments should be subject to full planning control,
• what factors should be taken into account in informing policy on telecommunications developments (such as health, amenity and the precautionary principle),
• what the published guidance from the Scottish Executive should contain (i.e. guidance to be taken into account by telecommunications operators and planning authorities in developing proposals and considering applications for telecommunications developments).

In summary, the main conclusions and recommendations of the Committee are:

The Current Planning Framework for Telecommunications Developments: Permitted Development Rights

Telecommunications developers / operators currently enjoy permitted development rights, although have notification obligations within their licences (this means that they must tell the local authority of their intention to develop). The Committee agreed with the majority of planning authorities who responded to the inquiry believing there should be an enhanced level of planning control over telecommunications development.

Current Scottish Executive Proposals

The Scottish Executive proposes the introduction of a prior approval procedure to give planning authorities greater control over the siting of telecommunications masts and associated equipment. The Scottish Executive believes the resulting system, incorporating licence conditions, permitted development rights and planning guidance, will provide an adequate level of planning control and will also be consistent with the UK Government’s policy on the telecommunications industry.

However, the Committee has concluded that there are significant concerns with the prior approval process.

Full Planning Control

The Department of Trade and Industry (DTI) and the telecommunications developers / operators suggest that the introduction of full planning control would not be a preferred option. However these views contrast with the position of CoSLA, planning authorities, Scottish Natural Heritage (SNH) and the Royal Town Planning Institute in Scotland (RTPI) who support the introduction of full planning control and suggest that this has a number of advantages over the system of prior approval. The Committee recognises the social and economic benefits arising from a modern telecommunications system. However the Committee does not believe the introduction of full planning control will significantly slow down the rollout of the telecommunications network.

The Committee supports the introduction of full planning control for telecommunications development.

Policy Issues In The Planning Framework

At the start of the inquiry the Committee sought views on factors which may require to be taken into account in informing policy. The key factors relate to amenity, health and a precautionary approach.

• Amenity: The Committee is of the view that there are a number of actions that could be taken to minimise the environmental impact of telecommunications developments. These include: early discussion with telecommunications developers / operators and planning authorities on strategic network requirements; site sharing; mast sharing; design and disguise and; the introduction of a requirement on telecommunications developers / operators to conclude national roaming agreements. The Committee also considered that some areas might be more environmentally sensitive than others. The Committee recommends that guidance on the treatment of environmentally sensitive areas to minimise the impact of telecommunications development should be developed by the Scottish Executive, allowing for local flexibility.
• Health: The Committee recognises that there is currently no conclusive scientific evidence the risk to public, but the level of public concern is reflected in the responses to the inquiry. The Committee does believe there is reasonable doubt about the health risks and recommends that health should be viewed as a material planning consideration and a precautionary approach should be adopted at a national level allowing for local flexibility. This means that those areas like schools, nurseries, hospitals, and residential areas may be considered sensitive for environmental health reasons.

Policy Framework and Guidance

Evidence from local authorities, amongst others, proposed a need for government guidance on a range of matters within a national policy framework. The Committee recommends that a national plan, incorporating telecommunications development, and co-ordinating the plans of other agencies, is developed by the Scottish Executive.

In the interim the Committee wants National Planning Guidance on telecommunications development, supported by a Planning Advice Note setting out best practice. Local authorities should be encouraged to develop their policies on telecommunications developments quickly.

The Committee also recommends that guidance should be based on a precautionary approach and should cover, amongst other things: health and safety; planning and development control; obligations on and information required from operators; monitoring and reporting and; good practice guidance.

Further Information

The final Transport and Environment Committee Report was published on the 29^th March 2000 and is available on the Scottish Parliament's website: http://www.scottish.parliament.uk/official_report/cttee/trans-00/trr00-03-01.htm

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