06/12/2012 Politics Scotland

A very warm welcome to the Scottish Parliament. There is the fall-out

from the autumn statement yesterday. The First Minister is meeting his

opponents this afternoon to discuss Leveson and media and press

regulation. There is a big new row developing over whether or not and

on what terms Scotland would be a member of the European Union post-

independence. All of those topics could come up in First Minister's

Questions. Let us cross to the Chamber and find out. At the moment,

they are finishing off general question time which is an

opportunity for backbench ms Ps to ask various Ministers in the

Scottish Government -- backbench MSPs. One of the health Ministers

is currently answering questions on applications to set up a pharmacy.

A Labour representative there querying exactly how that happens

and saying he was disappointed with her it particular application in

his constituency. Now let us get specific. What engagements does he

have planned for the rest of today? I will be speaking with the

regional president of the global electronics manufacturer who I am

delighted to announce are creating 130 jobs as part of a �9 million

investment. After the disappointment, today's

announcement will be very welcome news for the people of East Lothian.

I think it would also be appropriate to pay tribute to John

Park who is going to stand down as a member of the Scottish Parliament

who has made a considerable contribution to our proceedings. We

should also congratulate Celtic on their qualification for the

European Championship. Neil Lennon is on his way to becoming a legend.

Perhaps the only word I would dispute is becoming! I welcome the

Commons that the First Minister has made about jobs and the decision of

John Part to stand down. We will miss him very much but we know he

will continue with the struggle and battles and values he believes in.

This week, doctors called for honesty from politicians on cancer

treatment. The review has been announced regarding access to new

medicine's. Under Nicola Sturgeon Scotland when from the top nation

in the UK using innovative drugs to the worst. Why do Scots cannot get

access to the latest cancer drugs on the NHS? The process by which

the Scottish Medical Commission looks at these matters is a very

robust one. It has been supported across the parties. It would be

very unwise to change it. The recent controversy concerns the

introduction in the English health service of a special cancer drugs

fund. That introduction has been opposed in Scott and not just by

the SNP but by the Labour Party and the Liberal Democrats, by the Welsh

Government as well. That is because it is not... It does not fulfil

many of the things that it claims. In particular, it introduces in

England a postcode lottery. Secondly, the criticism from the

range of charities who have submitted to the Parliament points

out that they cannot see the reason for having a specific special

cancer drug fund when there are other equally serious conditions

which do not have such a fund. I think we should be confident that

the process in Scotland is robust and we should continue our all-

party support for the integrity of the process. I did not ask him for

a critique of what is happening elsewhere. I asked him about what

it is his responsibility. He says the process might create a postcode

lottery. Is he not aware there is currently a postcode lottery in

Scotland? And while there is no test of cost benefit to might free

hayfever tablets, that is applied to cancer drugs. -- to my free

hayfever tablets. This morning we spoke to a 56-year-old man

suffering from bowel cancer. He has to pay hundreds of pounds a

fortnight for drugs to prolong his life. Astonishingly, part of that

is an administration charge from the NHS to get the drugs they will

not give him for free. As patient who -- as patients' suburb, doctors

despair. The doctor said, I think there is an in a quality that is

unacceptable. I cannot offer my Scottish patients the same

medication that I can treat my English Patients' with. I do not

see how that can be right. Does the First Minister think that is right?

I saw the quote and the evidence. The introduction in England of the

special cancer drugs fund... The committee also heard from a

Scottish Cancer Research Network lead. They said, and equivalent to

the cancer drugs fund south of the border, but fund brings more

postcode prescribing than existed previously because each of the

different Strategic Health Authorities has a different

shopping list that is influenced by its clinicians. That position has

been supported by the Labour Party in this chamber. We should always

look for of ways to improve the position. We should always look for

ways in which the Scottish medicine's consortium can be even

better in progress in its work. Can I point out that is exactly why the

Health Secretary has set out the investigation by the professor

which is looking specifically about how we can improve the situation in

Scotland? But I do not think... It is an extraordinarily different

area. I do not think it is helpful to use quotations that refer to a

specific cancer drugs funds which we have as far decided in Scotland

that it is not appropriate for the reasons given. We should also hear

the evidence from the cancer charities and other supporting the

work of the consortium and pointing out the advantages of the processes

of the Scottish medicine's consortium. I think it is a matter

which we must consider as a government and has a Parliament...

It touches on life limiting conditions and people in conditions

of great extremity. I do think she should accept that thus far at

least the process has enjoyed cross-party robust support in

Scotland and I think we should be very careful about departing from

that established process of integrity to -- integrity.

First Minister should stop arguing about something that I am not

arguing for. What I am saying is... I do not need anybody to tell me

how serious an issue this is. What I am saying is that there is a

postcode lottery in Scotland. I have described a particular case.

It is a very serious issue and the First Minister's response seems to

be that what we have got is very good. I am not promoting a

particular model to solve it. I am asking him to confront the fact

that there is a major problem. It is not just those people I have

already described. The inequality is not just between Scotland and

England. There is an even greater inequality within Scotland. A

doctor of a cancer centre told the health committee in this Parliament

this week that middle-class articulate patients are more likely

to get the drugs they need. Patients in less need have

treatment denied to others in greater clinical need because they

were more articulate. But is inequitable. Does the First

Minister agree? The reason I made the points I made is that the quote

she gave was no castration of the impact of the introduction of the

special cancer drugs fund in England. I am looking at the

evidence... The argument that there are drugs available in England is

because of the special cancer drugs fund. They are not available in

every part of England and the committee has heard and I suspect

will hear more evidence of the drawbacks of that particular system.

The recent 5.2 the robustness of the consortium is not to argue that

the position we have is perfect -- the reason that I point 2. The

authorisation time for drugs is just over seven months in Scotland.

In England, it is 21 months. There is much evidence from the charities

and people affected of why they appreciate the speed with which we

go about it. That are important improvements that we have made to

the process of individual patient requests. The purpose among other

things of the review is to see how we can improve that further. When

she says she is not proposing a per -- a particular solution... It

would be helpful if people would contribute positive suggestions as

to how we can improve the situation. That should be done from the

recognition that what we are dealing with weather in Scotland,

England or in Wales, it is an extremely serious issue. We are

doing our best to deal with it. The reviewer's there to make further

improvements on behalf of the people of Scotland. Of course the

doctor referred to was talking about the individual patient

treatment requests. My point is that his review needs to go broader

than the remit given to it because of the huge challenges. The First

Minister says we should have an open and honest debate. When I

questioned his policies, I was accused of trying to tax be set.

This is all part of the same serious process -- tax the SEC. The

NHS in Scotland spends only just over half the money on cancer drugs

compared to the European average. Cancer specialists do not want to

work here. A doctor told this Parliament this week that every

Scottish Cancer Centre is at least one specialist short and that the

most gifted doctors do not want to work here because they cannot

prescribe the latest drugs. We are not able to be at the cutting edge

because of choices the First Minister has made about the way in

which drugs are accessed. Will the First Minister please be honest

with cancer patients and specialists and confront the

reality that this is the result of choices he has made and about his

priorities for spending in the NHS? I think she should accept that the

substantial efforts and spending on cancer research in Scotland... The

substantial increase in the outcomes, successful outcomes, for

cancer that we are seeing. For the first time, the target of having

95% of cancer patients seen in a specified period. The figure when

Labour were in office was 85%. These are all substantial

improvements. When I argued that there is a robust process that we

should reflect on and be proud of and be very careful about

overturning, I am not just being the First Minister. I am talking

about others who say that the decision-making... They say they

prefer our approach to what happens south of the border. There is a

substantial support from many people that the process is robust.

There is much evidence that the individual patient request process

which applies to drugs which are not authorised has factors in it

which could be improved. That is why the Health Secretary has set up

the review to see if we can improve the situation further. I think she

should be very careful about suggesting that cancer treatment in

Scotland is not improving because it is. She should not say that

there is not a commitment to researching cancer because they

most certainly is. Order, order. �6 million on 20 for cancer research

projects by the chief scientist's office. She should accept we are

dealing with a hugely difficult circumstance in how to successfully

improve and make available to the people of Scotland new experimental

drugs which become available to find a safe process for authorising

the sun to find the best possible way of making them available to

Scotland -- for authorising these. Every person in this chamber is

committed to better outcomes for cancer patients in Scotland. Let us

go forward to find the better solution and support the review in

an atmosphere which accepts that in essence this cannot be seen as a

party political matter, but a matter of trying to improve the

health and welfare of of the people And and Ruth Davidson. Up to ask

the First Minister when he will next May a Prime Minister. No plan

is in a future. There has been one party in this chamber which has

consistently argued and the First Minister is right that the argument

put forward by the Scottish Conservatives has been consistently

opposed by the Labour Party. The First Minister says this is because

it is an imperfect solution. It may be imperfect but this fund could be

the solution for Scottish patients getting better treatment and access

to the same drugs as people elsewhere and the difficulties of

recruiting cancer specialists north of the border. I have raised this

and my predecessor has raised this, and the post code issues he has

raced today have been dealt with down south since its inception.

Does he know which of us have been routinely denied Scottish patients

which are now allowed in England? - - which drugs. I know of a number

of drugs which are only available through successful patient requests

and Scotland. There are a range of drugs in Scotland which are

available for a range of conditions which are not currently available

in England. I can last some of these if Ruth Davidson would like,

but we could probably conducted a bet on how best to get the best

possible system for the people of Scotland, and to argue asked -- as

a Ruth Davidson seems to that the English system is the best possible,

ignores the substantial evidence of the compromises inconsistencies and

drawbacks of that system in England. The suggestion that the cancer

drugs fund is the solution I do not think is met by the events. The

willingness of this Government to look for a better position than we

have in England is set out by D Routledge reviewed. If we were not

interested in finding better outcomes for Scottish patient then

we would not have set up the right Clynch review. -- Routledge Review.

More than 28,000 cancer patients in England have had their lives

extended by the cancer drug stunned. That is 23,000 families affected. -

- drugs fund. Patients in England have had access to drugs not

commonly available in Scotland. The drugs were breast-cancer treatment

that are not commonly available and drugs for up non-Hodgkin's lymphoma

and bikini a that are not commonly available in Scotland. -- leukaemia.

Patients in Scotland could have had more time with access to these

drugs and thousands more do not need to be failed. Rich people do

not need free prescriptions, cancer patients need better treatment.

Would the First Minister at least reconsider his opposition? The view

is there as has been previously discussed to look at all situations

that could improve treatment in Scotland. There has been

substantial criticism of the drugs fund from up many corners, and the

fund itself is only temporary with a value-based pricing due to be

introduced. Different institutions produce different outcomes and

there are a range of drugs available that are not currently

available in England. We try to find the best possible system for

Scottish patients. Generally speaking, and the SMC process is

well regarded across this chamber and by the medical system and

patients in Scotland. The review is designed to look a particular

improvements that could be made through this process or whether it

could be done through individual patient requests. There is a huge

willingness among this Government to look at better outcomes but

there is also a track record which indicates that cancer patients in

Scotland are receiving better and quicker treatment than the other

half before. -- the other have before. If any single member of

this Parliament and every single party is trying to get better

outcomes for the patients in Scotland. The National Health

Service in Scotland has advantages over some systems elsewhere. I have

a number of backbenchers who wish to ask questions. Could be

questions be brief and the answers brief also. The First Minister will

be aware of the outcome of the ballot of workers in the North Sea

ferry services. My colleague Tavish Scott raised the potential of the

devastating impact strike action could have. Could they ask the

First Minister to take whatever steps he can to make sure this the

right does not happen and that Orkney and Shetland can look

forward to it be Christmas without any disruption? The Scottish

government is a way around concerned about the situation and

are hoping that all involved can recognise the importance of pox and

of coming to a satisfactory conclusion to minimise the

likelihood of any impact. Does the First Minister share my deep

concern that the announcement this morning by Remploy that three of

their businesses are not by a ball and are unlikely to be sold,

including Dundee and Clydebank and are now likely to be closed.

Workers in this factory have been let down by the UK Government badly

and I want to know his thoughts on this matter. The attitude of the

company speaks very poorly of the attitude of the UK Government. I

feel particularly for the workers and those that these two have been

given indications as to a successful outcome but that has not

yet come to pass. We are working very closely with individual

constituency members to try to find a satisfactory outcome. I think

that work should again be supported across all parties in this chamber.

I am grateful. I have been contacted this morning by a couple

who believe they may be up affected by problems with the Glasgow

assisted conception Unit. Do you agree a no family should be

affected by this situation and if so, they should be offered the

services again? The result should not be an even longer wait for

women and couples who are at the back of the queue for treatment.

will look into this situation to see what the way forward will be

and I shall make arrangements for the Health Secretary to contact him

directly. To ask the First Minister what impact the autumn Budget

statement will have on Scotland? Two aspect in particular. From the

statement yesterday and from an analysis of the figures, the

poorest of society will bear the brunt of the long austerity the

Chancellor is now indicating false up the Treasury's own analysis

indicates the poorest households will be �200 worse off next year as

the combined result of the tax and benefits measure of -- measures

outlined yesterday. There will be an increase in capital spending for

which the Scottish government has campaigned over the last two years.

It should be remembered across this chamber that that will just undo

some of the imposition of the previous cuts. I think that

indicates that the previous strategy was clearly not working

and the economy was flat plaining, but his tendency to punish those

least able to protect themselves is in itself an indictment of the

Chancellor's approach. The failure of the UK government's programme of

economic bloodletting is clear for all to see, but instead of changing

tack, the Chancellor is taking billions more from the pockets of

the poorest, forcing them to fund yet another massive tax cuts for

big businesses. Is it not time for the Scottish government to give up

on the dream of even deeper corporate tax cuts and except that

Corporate Tax is a necessary tool to raise the investment we need for

a fair society and a healthier economy? We should planner tax

policies to increase the wealth than the economy and in communities.

We should also Planet our tax and distribution policies to bring

about an equitable distribution of that wealth. I do not accept the

argument, and I am sure he did not put it forward, that an increase in

wealth Mrs Sally means and unfairness and distribution. The

more successful economy is in the world are the ones which have an it

equitable distribution of wealth as well as the capability to develop

that wealth. Scotland shall be a just nation. Can be get his

microphone on, please? To ask what steps the Scottish government is

doing to make sure the transport network is prepared for winter?

thought this was going to be an extremely long and so indeed! We

cannot control the weather and transport disruption can never be

ruled out but there has been a great deal of proactive planning.

Increased stocks of salt, more or de-icing equipment, real time

information on the move, the completion of a programme of

investment to improve the resilience of the railway network

to bad weather, the completion of a programme of points upgrades by

Network Rail, significant investment in Scotland's airports,

increased snow team members at Edinburgh airport. All of which

does not mean the weather can be controlled but the resilience and

preparation of the Scottish government and our partners is very

good indeed. I accept that the First Minister does not control the

weather but will he endeavoured to ensure that all relevant

departments and agencies work together to make sure that this

vital work is both prioritised and funded for the safety of all people

who travel by fitter by bite this winter? In my constituency, many of

my constituents travel to work by bicycle and by fit. As well as

keeping vital roads and motorways open and says, we must do all we

can for all of our people who travel by Fitton by bike. Transport

Scotland treat a number of key e- fit pass and they are working with

communities who are keen to play their part to keep path sand roads

free of ice. -- paths and roads. They will allow people to play a

fuller part in contributing if they are able and willing to do so.

going to take question No. 6. ask the First Minister what action

the Scottish government will take following the recent Supreme Court

ruling relating to the mental health care treatment Act 2003?

the member is aware, this case arises from the provisions of the

2003 Act, and the arrangements that have existed since it came into

force. Arrangements were found by the Mental Welfare Commission to be

appropriate in their visits, and the Scottish courts agreed with the

government's position and found there were no requirements to make

regulations. That appeal was tested in the Supreme Court and the case

turned on a technical interpretation. We're currently

considering the implications of the judgment and considering the

correct course of action in response. Not withstanding further

interpretations, can I just say the Supreme Court amendment relates to

two amendments in my name which were passed unanimously. Given that

the Supreme Court has now found that ministers have acted

unlawfully by failing to implement regulations to ensure mental-health

patients received the level of security appropriate to their needs,

can the First Minister give Parliament an indication of how

many compensation claims for victims are expected as a result of

the government's failure to comply with its own laws. It is not

possible to do that at the present moment. I know the background and I

know the amendment. It was on 20th March. I mean she proposed it. She

can accept the importance of looking at what is in the interest

of the welfare of the people involved. The it is not possible to

consider the full implications of the court judgment. The government

is currently considering the terms and implications of the judgment

and deciding on the most appropriate course of action. He we

have a similar targets for cancer treatment. Up there is the 31 day

target for treatment to begin. In the second quarter of 2012, they

were 2975 people, which represents 95.3 per cent of those referred for

treatment. That is the first time these targets have been met over

the next couple of years. The individual targets were not met.

The maximum weight was 399 days which is totally unacceptable. The

vast majority of patients and Scotland are treated within the

target time. Yesterday, the whole parliament joined up in

acknowledging the achievements of the National Health Service staff

in reducing waiting times. Is he aware that annually, there are now

600 Scots not been treated for cancer within the 60 today target.

Up the early detection program is very well, but one third of those

who preach the timetable are or colorectal cancer patients. Can

these issues beat track to see where the problems lie and this

could lead to more hard choices. will certainly take a look and the

Health Secretary will apply specifically to this information.

The 95.3 per cent figure, we aspire for that to be 100%. Although

Richard Simpson will reflect that the reason we are at 95.3 per cent,

as opposed to 85% we inherited when we took office, with the huge

number of patients that means are being seen within the timescale.

That is the result of the hard choices we have made to protect the

revenue budget of the National Health Service. My clear memory

will confirm that this was not the position of the Labour Party in the

election campaign, or was not confirmed by the Labour Party

leader. The hard choice we took to present -- protect the revenue

budget of the National Health Service has been a substantial

addition in terms of providing a successful outcome for many people.

I accept totally we should aspire to 100%, but we should reflect the

fact our National Health Service has now received -- achieved that

95% target and we should all aspire to do more work. That N's first

Minister's Question Time. They all agreed on one thing at the outset,

that Celtic had done wonderfully well. For the rest of the time, it