Scottish Parliament e-Brief
Issue 23, 12th June 2000
SECTION 1 - BUSINESS THIS WEEK
THE CHAMBER
Wednesday 14th June
Thursday 27th April
COMMITTEE BUSINESS
Please note that, starting this week, a separate, more detailed, Committee Business Brief will be published. Further information will be available shortly.
SECTION 2 - NEWS
NHS managers are central to the task of modernising the NHS, Health Minister Susan Deacon told senior health managers last Friday. Change and improvement in the NHS was 'non-negotiable' she said, as she urged managers to look to the future.
Speaking to senior and middle managers at the annual conference of the Institute of Healthcare Management in Dunblane, the Minister said:
"People want and need to see their NHS improving. They want to have a clear idea how it is going to happen and they want to know who is going to make that happen. That needs strong management. And that needs visionary management.
"The goal for all of us is clear. To develop a truly modern, high quality, patient-centred NHS. A NHS which is rooted in the principles and the foundations of its proud history but designed and adapted to meet the needs and challenges of the future. If ever there was a time for value-added management, it is now.
"We ask a great deal of those in leadership positions in the NHS. People are expected to do things right, but critically, also to do the right things. We need people who make things happen - rather than people that things happen to. That is added value. And we need more of it.
"I firmly believe that NHS management must be about vocation or it is about nothing. A new approach to management is long overdue. While still being efficient and effective managers of resources, we also need vision and energy and drive.
"And to support this change in culture we are investing in the 'doers' - those managers with vision who can make it happen. As I have said before, this is not about knocking managers. I am not interested in that. This is about harnessing our best people, trusting our best people, supporting our best people, and rewarding our best people. Those who share my desire to accelerate the process of change and improve services in local communities have nothing to fear - and much to gain.
"This is not all one way traffic. I have outlined new guidelines for senior managers' pay which will recognise and reward the best managers who perform well. We are committing substantial resources to a comprehensive Leadership Development Programme for senior managers in NHS Trusts, Health Boards, Local Health Care Co-operatives and other NHS bodies.
"The challenge is set. If we are to develop the NHS we want, we all must have vision. And we all must have courage, clarity of purpose, and the sheer determination to make that vision a reality. We must look to the future, not the past."
The Scholar Forum, a major new initiative to increase access and social inclusion in further and higher education, was opened last Monday by Minister for Children and Education, Sam Galbraith.
The Forum is a virtual college which can be accessed via the internet by students from participating local authorities.
Speaking during the launch event in Edinburgh, Mr Galbraith commended Heriot Watt University and Knowledge Scotland for the pioneering work they have done following the introduction of Higher Still;
"The Scholar Forum will introduce pupils to imaginative new ways of learning on-line and prepare them for learning at a higher level.
"Information and Communications Technology is crucial to creating the modern schools that our young people deserve. This means equipping them with the tools to give children the skills to survive and thrive in today's and tomorrow's world.
"Certifying ICT as a core skill in the new Higher Still structure will ensure that the Scottish education system is able to turn out school leavers who are ICT literate and ICT confident. It will also give a flying start to those pupils carrying on into further and higher education."
The government announced £62 million in August 1998 to help build the National Grid for Learning in Scotland over three years. An additional £38.6 million was announced in the March 1999 budget for ICT projects including the computers for teachers scheme. £23 million has been allocated through the New Opportunities Fund, a lottery distribution body, to train Scottish Teachers and school librarians in the use of ICT in their subject area over the next three years.
The Scottish Executive has pledged that there will be at least four modern computers for each class by 2003, and that every school leaver will understand information technology. In addition, every school child will have an e-mail address by 2002. Competence in the use of ICT has been identified ass a Core Skill in Higher Still qualifications.
The launch of the Scholar Forum provides Advanced Higher students with a valuable educational resource positioned between a student's final years at secondary school and their first years at university or college. The development of the Scholar Forum has been funded by Heriot Watt University and Knowledge Scotland Ltd. At present the City of Edinburgh, Midlothian, East Lothian and Scottish Borders Councils subscribe to the Scholar Forum, as do Stevenson, Telford, Jewel and Esk Valley, Lauder, Fife and Borders FE Colleges and Heriot Watt University. It is hoped that, in time, the Scholar Forum will offer coverage to all colleges and local authorities in Scotland for an annual fee.
NOISY NEIGHBOURS NOT BEYOND THE LAW - SARAH BOYACK
Promoting Noise Action Day (NAD) last Wednesday, Sarah Boyack reminded persistent offenders that the police have the power to confiscate stereo equipment from people who cause misery to neighbours.
Tough proposals to tackle nuisance neighbours will also be included in the forthcoming Housing Bill. Councils and the courts will be given new powers to impose probationary tenancies for families with a history of anti-social behaviour, and councils' ability to impose compulsory transfers of problem tenants will be strengthened.
Research carried out for the Scottish Executive showed that car alarms are considered to be the most annoying noise (34%) with people arguing and dogs barking both coming close behind at 33% of respondents.
The Minister for Transport and the Environment said:
"For many people the thumping sound of a neighbour's stereo can be really irritating and in some cases a serious problem.
"Loud and unwanted noise can cause misery to people and we must all learn to consider the impact our noise has on others. That basic need for consideration is backed by the force of the law. Since 1998 the police have had the power to seize noise-making equipment and have used this to great effect in the battle against nuisance neighbours."
The Crime and Disorder Act 1998 provided the police with powers to enter premises without a warrant and to seize noise-making equipment. Environmental Health Officers employed by local authorities also have powers to take legal action against noisy neighbours.
SECTION 3 - NOTES ON THIS WEEK’S DEBATES
EARLY EDUCATION & CHILDCARE
Background
The benefits to both parents and children of providing affordable and accessible childcare have been recognised for years. Giving young children the best start possible can open up opportunities that their life chances would have otherwise excluded them from. For example, there is considerable evidence that good experiences in child care and pre-school education at an early age are associated with lower rates of criminality in later life.
Childcare also opens up education and employment opportunities for the parents, and in particular for lone parents.
Childcare Strategy for Scotland
The Government’s strategy was set out in the Green Paper "Meeting the Childcare Challenge: A Childcare Strategy for Scotland" published on 19 May 1998. This is the first ever national child care strategy and the Executive have taken it forward with the overall aim of affordable, accessible, high-quality child care for those who wish it.
The Executive’s childcare strategy is committed to supporting children's all-round development from age 0 to age 14.
Resources
The Comprehensive Spending Review allocated an additional £49 million of Scottish Executive funds to driving forward the strategy over the period 1999-2002.
A further £42 million has been allocated for families with very young children—the 0-3 year olds – ‘Sure Start Scotland’.
A further £25 million of lottery resources will also be distributed over the next three years by the New Opportunities Fund. That represents 11.5% of the total that is ring-fenced for Scotland, with distribution based on deprivation rather than simply on population density.
Childcare Tax Credit
Important resources are been made available for childcare from the new child care tax credit within the Working Families Tax Credit. It is estimated that, every single year, it will provide an important additional £20 million into the childcare sector.
Sure Start Scotland
Sure Start Scotland is the Executive’s programme for 0-3 year olds. The early life experiences of many children place them at an immediate disadvantage and can make it difficult for some three and four-year-olds to benefit from nursery experience.
Sure Start Scotland will improve support for families with very young children. Childcare is just one element of that support. Not only are stimulating play opportunities provided for children, but parents are able to share in those opportunities to develop their own skills and confidence. It targets resources at the more disadvantaged communities, and provides services that parents consider to be of help. This is a key part of the Executive’s social inclusion strategy.
Information
Quality information systems is very important if we are to broaden access to childcare. The Executive has invested heavily in order to give local authorities the computer hardware and software that they need in order to set up effective childcare information services. Every local authority in the country is well on the way to having a comprehensive local child care information service.
Regulation and Training
The new Scottish Commission for the Regulation of Care will assume responsibility for regulating childcare. This will provide the basics in terms of standards of care.
However, quality goes further than just regulation systems - important as they are. What is key is the knowledge and skills of the individuals who look after children. That is partly about ensuring that those who are involved in child care have the right temperament and aptitude for the profession but clearly training and qualifications are vital.
The status of childcare as a profession is important. Very often childcare is seen as a poorly paid profession, with little scope for career progression. As a first step towards improving career progression, the National Training Organisation for Early Years, working with the Scottish Qualifications Authority, is developing a new Scottish vocational qualification level 4 award in early education and child care. The creation of an advanced qualification will help to show that childcare is a profession in which entrants can progress over time to positions of higher status and responsibility.
The Education Bill
Mainstream Education
An amendment to the Education Bill on the ‘Requirement to Mainstream Education’ now includes pre-school education. This means that local authorities are obliged to ensure children with special needs are included in mainstream education – no matter their age – unless of course there are exceptional mitigating circumstances.
Anomalies in the Provision of pre-school Education
Some members of the Education, Culture and Sport Committee were concerned about anomalies in the provision of pre-school education caused by the age at which the child is able to enter pre-school education. Children who do not reach the age of 3 by the autumn of the school year tend to miss out on the August intake. In acknowledging these concerns at the Committee, Peter Peacock said:
"It would be useful to examine the matter much more thoroughly and to involve the key interests in that examination, so that one can develop a shared understanding of the detailed issues. To progress the matter, I therefore propose to convene a working group of interested parties—the Executive, local authorities, representatives of parents and others—to examine the issue thoroughly. I will act to establish the working group immediately and will ask it to report to me by September."
Further Information
Meeting the Childcare Challenge: A Childcare Strategy for Scotland, Green Paper is available from the hyperlink: http://www.official-documents.co.uk/document/cm39/3958/3958.htm
The official report of the Childcare debate in the Scottish Parliament in November is available from: http://www.scottish.parliament.uk/official_report/session99-00/or030702.htm#Col621
Various Scottish Executive press releases on childcare:
REGULATION OF INVESTIGATORY POWERS (SCOTLAND) BILL
The Regulation of Investigatory Powers (Scotland) Bill concerns the powers of the state to intercept and monitor private communications. There has been some concern about the interception of e-mails and other Internet traffic. In fact, the bill does two main things:
The Regulation of Investigatory Powers Bill, currently passing through Westminster, only applies to Scotland in part. The area known as intrusive or covert surveillance is devolved, and in regard to this the separate Scottish legislation has been introduced. There are also devolved competences concerning the operation of the police and the National Criminal Intelligence Service in Scotland, such as the power to enter a property under warrant; and certain authorisation powers that will fall to Scottish ministers to exercise.
Parliament approved a Sewel motion in April inviting the UK Parliament to legislate for us in respect of devolved matters. This is because there are other parts of the UK Bill that might be construed as devolved. The passing of the motion will therefore avoid subsequent doubt and legal challenges in this respect.
The Bill’s impact on human rights
The Bill will for the first time ensure that surveillance and interception techniques used in law enforcement activities are properly consistent with the duties imposed by the European Convention on Human Rights (ECHR) (which goes ‘live’ from October 2000 in England & Wales but is of course already in force in Scotland). The previous system relied on piecemeal changes in response to individual cases lost in Strasbourg. This legislation will update the situation and create a robust and comprehensive framework for regulating the use of all these techniques, with new avenues of redress to those who think that powers have been abused.
The Bill will ensure that covert investigation techniques are consistent with Articles 6 and 8 of the ECHR by ensuring that the law covers:
Covert surveillance
The Bill will update our legislation to reflect the huge changes in communications technology which have occurred since 1985 when the last major legislation in this area was passed. E-mail services, text pagers and satellite phones play an increasingly important part in national and international communications but until now have not been covered by the legislation. This Bill will correct that anomaly.
There are three categories of covert surveillance:
Not all of these are covered in this Bill – they have their own legislation. The point is that this bill will ensure that these powers are exercised consistently with the ECHR.
Why are these powers necessary?
Interception and surveillance play a crucial role in the fight against organised and serious crime.
In 1998, for example, 52% of all heroin seizures resulted directly from intelligence from interception. Figures are hard to pin down but, throughout 1998, the total value of drugs seized in this way was in excess of £185m.
Other aspects of the UK Bill
There are six investigatory powers that are regulated by the UK Bill. Three - intrusive surveillance, directed surveillance, and covert human intelligence sources - are being separately addressed for Scotland as outlined above.
The other areas apply to the whole UK. These are:
What will be the framework of regulation?
To ensure that interception and surveillance techniques are compatible with the Human Rights Act the Bill will set out, or will provide for subordinate legislation to set out:
For the first time law enforcement and other public authorities will have clear guidance on precisely the circumstances under which they can use particular techniques. Members of the public will benefit because it will be clear to them as to the circumstances under which these powers can be used. They will have access to an identifiable Tribunal if they believe the powers have been abused, and there will be Commissioners charged with reporting to the Prime Minister each year on the use of the powers.
The Scottish Bill makes reference to the Tribunal and the Commissioners. It is important to note that these sections refer to the bodies set up and amended by UK legislation. The Commissioner was established by the Police Act 1997, and the Tribunal is set up by the current bill.
Other changes
The Bill improves individual rights to privacy by extending the rigorous protections which apply to interception on public network to private networks as well. There will be a new criminal offence of unlawful interception of private networks and a civil liability on employers and others who over-step the mark in monitoring their own systems
The Bill for the first time names those agencies who are to be empowered to apply for interception warrants with a power to add or delete from this list the names of the agencies who may wish to apply for interception warrants, or who should not be able to apply for interception warrants in future.
The Bill simplifies the process for approving warrants by ending the necessity for agencies to return to the relevant minister every time an individual changes his phone number or acquires a new mobile phone.
There is provision for Scottish judges to be part of the warrant procedure.
New powers of scrutiny and redress
Part IV of the UK Bill sets out who is to scrutinise the use of interception and surveillance powers.
It proposes that the existing independent Commissioners (who are all senior member of the judiciary) namely the Interception Commissioner, Security Service Commissioner, Intelligence Services Commissioner and Surveillance Commissioners, should continue with their existing roles and should be responsible for oversight of the new powers set out in the Bill. They will have wide-ranging powers to inspect records and they will report each year to the Prime Minister. Their reports will then be published.
On top of these safeguards a new tribunal will be established for those who wish to complain about the use of interception or surveillance powers. The Bill will abolish the Interception Tribunal, Security Service Tribunal and Intelligence Services Tribunal and will establish one powerful, comprehensive Tribunal to replace all of these functions and any others that are relevant under this Bill.
Burdens on business?
The Bill will put a requirement on all Communication Service Providers to ensure that their system is capable of being interception. This is an obligation which already applies to major telecommunications companies like BT. What the Bill will do is to extend this requirement to other communications services such as Internet service providers or international simple resale operators. The Bill recognises that it would be appropriate for the Government to make a contribution to costs which would otherwise be unreasonable for Communication Service Providers to bear
Large parts of the telecommunications industry are already covered by the current interception legislation and will incur little or no extra cost. These proposals will simply help to achieve a level playing field. The Executive is already involved in consulting industry on what might constitute a reasonable interception capability, particularly in respect of Internet Service Providers and are keen to minimise any additional burden on UK industry and to avoid prejudicing the UK industry’s international competitiveness. All of us, including the government, law enforcement agencies and communications providers share a common commitment to tackling serious and organised crime.
Further information
The Executive’s policy memorandum on the bill can be read in full at: http://www.scottish.parliament.uk/parl_bus/bills/b16s1pm.pdf
The explanatory notes on each section of the bill are at: http://www.scottish.parliament.uk/parl_bus/bills/b16s1en.pdf
A SPICe briefing prepared for the April debate (number 00/30) is at: http://intranet/pdf/Research%20Material/Research%20Notes/RN%2000-30%20The%20Regulation%20of%20Investigatory%20Powers%20in%20Scotland.pdf
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