16/06/2016 Politics Scotland


16/06/2016

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A very warm welcome to the Scottish Parliament here in the garden lobby

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at Holyrood. There is a week to go until the EU referendum. It is the

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only topic in politics but it might be difficult for that to be raised

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in the next hour or so questions to the First Minister, it is a pretty

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zealous interpretation but we might get lucky. Let's cross to the

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chamber and my colleague Lucy Adams. Thank you, this is the last day of

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Holyrood before the EU referendum vote and as Brian has said we are

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expecting very much more domestic issues to be discussed today rather

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than the EU is that as the ruling of a decision of Parliament. So, this

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will be the last FMQs before the vote next week. In two weeks' time

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we will be back again for more questions to the First Minister.

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Right now we are still on the parliamentary questions to

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ministers. Those are continuing until FMQs begins. We will pass now

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to the Parliament to see what exactly is Scottish Conservatives,

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Labour and others want to ask today. I think we can expect questions as

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usual around the health service and education, attainment figures and

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perhaps some of the report is out in today's papers looking at the

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language skills of toddlers across Scotland and the impact that that

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might have. We now move on to First Minister's Questions. Question one,

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Ruth Davidson. What engagement does the First Minister have for the rest

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of the day? Engagements to kick forward the Government programme for

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Scotland. We are once again facing the prospect of teachers either

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boycotting work or shutting altogether. I accept teachers have

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every right to raise what hurt legitimate concerns about their

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workload but I do not believe industrial action is the answer. It

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is simply wrong that parents and pupils pay the price for a dispute

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between teachers and this government. The First Minister

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agree? The Government is working very hard to ensure that industrial

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action does not take place in our schools. I don't believe it is in

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the interest of teachers and I certainly don't believe it is in the

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interests of young people in our schools. As Bruce Davison is aware,

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this is an issue around what teachers consider to be -- Ruth

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Davidson, it is about and unnecessary workload and the

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Government has been clear about our determination to take action to

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reduce the workload is and will take action to do so. That is why we

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established a group on qualifications. The Deputy First

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Minister published the initial work on the 26th of May and it set up

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concrete steps we are kicking to reduce workload for teachers. This

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week the Deputy First Minister has also written to all the teacher

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unions asking for specific and deliverable proposals to help reduce

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workloads. We are determined to address these concerns and to do so

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in the interests of teachers, but most importantly in the interests of

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our young people. I hear what she is saying but the question is how what

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was it allowed to get to this stage because of

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secondary teachers have been complaining about the assessment

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requirement for national qualifications for quite some time.

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We have all heard warnings about the added bureaucracy and the extra

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burdens it is placing on classrooms and given that and that we may now

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be facing industrial action, is the First Minister really satisfied that

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the Scottish Government has done enough to sort this out before now?

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Yes, I do believe we have been working to do this and if Ruth

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Davidson is sincere as I hope she is about wanting to avoid industrial

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action then I hope she'll behind the behind the actions the Scottish

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Government is taking. It is indeed because we are determined to tackle

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this issue that the working group on assessment and national

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qualifications was established earlier this year. That group has

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done a very detailed work in the report of that work was published at

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the end of May. That set out some initial steps, concrete initial

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steps that have already been announced. The Deputy First Minister

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will reconvene that group and they said he has issued an open

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invitation to the teaching unions to come forward and give examples of

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where they think there is unnecessary workload and what can be

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done to reduce that, so as we have debated in this chamber many times

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over the last few months, improving education and the standards and

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closing the attainment gap is my top priority. Ruth Davidson and others

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joined us yesterday at an education Summit that was very positive and

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constructive and if we're going to achieve that goal then enabling

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teachers, our fantastic teachers across as countries to do what they

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do best and give our young people the best education, is absolutely

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central to that. Everybody has an interest in making sure this issue

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is addressed and I hope the chamber will get behind the work of John

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Swinney and the entire government is easy to so. I have listened to her

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say the working group was established earlier this year but

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Larry Flannigan of the EIS last night claimed that they need to

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remove duplication was first raised by teachers in August 20 14. He

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claimed that since then and I will content directly, not a single unit

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assessment has been removed. After years of action from this

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government, only this week do we see the Education Secretary asking for a

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fresh ideas on how to cut down on bureaucracy. Teachers are preparing

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to take industrial action right now. Isn't all of this just a little bit

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late, First Minister? Firstly, as Ruth Davidson knows and this was a

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view that they believe was expressed by the Chief examiner in Scotland,

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to remove unit assessment to quickly would actually compromise the

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certification of qualifications in this country. If that is what Ruth

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Davidson is suggesting we do I think that is a deeply responsible course

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of action for her to be putting forward. Bat irresponsible. We will

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continue to work closely with teaching unions and the teaching

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profession as a whole and will continue to take action that is

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sensible to reduce unnecessary workload. It is in nobody 's

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interests any more than it is indicators of pupils for teachers to

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be burdened with workload that is unnecessary. They want all of the

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great teachers across our country is to be freed up to what they do best

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which is to teach our children and give them the best educational

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experience. All party leaders joined us at the educational summit

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yesterday and I was very grateful for them to doing so. They were last

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heard as we did many great examples, the OECD praising the many strengths

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of Scottish education and the work is cut government is now taking

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forward, many issues raised about what we need to do including by the

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teaching unions. Let's get together in a national endeavour to take

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forward his actions in the interest of improving our education system

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for all of our young people. Presiding Officer, there is a wider

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point to be made here and that is the fact that we have a system which

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is constantly sending out ever more directives and initiatives and

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diktats to our schools but doesn't think about how they are to be

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eliminated. -- imploded. At the 11th hour we have John Swinney saying he

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wants specific ideas on how to cut down on teacher workload. He is

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acting as if this is a year zero but this government has been in power

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for nine years. He is trying to clear up the mistakes his government

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has made. But if he wants clear, tangible ideas, let me give him on.

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The EIS said today that they have resourced, named Person scheme will

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be potentially dangerous, will be potentially dangerous and worse than

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no scheme at all. Teachers saying it would be potentially dangerous and

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worse than no scheme at all. If this government wants a scrap, -- wants

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to scrap red tape on our teachers, they will cut the unwonted scheme,

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let teachers get on with the job. Clearly I don't speak for the EIS

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but I suspect the EIS will be as horrified as I am at the Tory

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attempts to hijack their legitimate concerns and the point is that they

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have put forward for the narrow political interests of the

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Conservative Party. Lucy, clearly... -- you see, unless they are

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interested in our children in -- they are trying to score cheap

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political points. Getting back to the issue at hand, John Swinney has

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asked for the suggestions in addition to the work that is already

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underway. For example is Ruth Davidson is Jim is aware the chief

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inspector of education has already published clear national

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expectations for teachers and schools which will directly tackle

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workload issues and help improve the learning experience for young

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people. That includes advice on the preparation of young people in the

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broad general education on the transition to the senior fears and

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the importance of appropriate course choices. These are sensible actions

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to deal with a legitimate issue and this is the way this government will

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continue to take it forward because that's what our teachers and young

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people deserve. When sheep that are true when will they next meet

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Stonewall Scotland? I met representatives last night when I

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was other party leaders attended the vigil in St Andrews Square to show

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our sympathy and Solidarity of the victims of the attack in order

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London. Ministers will continue to meet with Stonewall on a range of

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issues and officials are meeting them today to discuss the new powers

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coming to Scotland under the Scotland act. In the first ministers

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were last night were the bat very welcome particularly on the driving

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out homophobic bullying in schools and build an education system that

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is inclusive so every person can be themselves and to fill their

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potential. I hope the Cabinet Secretary of Education will meet

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Stonewall at the earliest opportunity. The Government's Expo

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statistics confirm that the European Scotland are Scotland's biggest

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trading partner behind only the rest of the United Kingdom. What

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assessment of the First Minister made on how many jobs in Scotland

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are dependent on our unfettered access to the single market? Are

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right now in Scotland more than 300,000 jobs that are associated

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directly or indirectly with Scotland's access to the single

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market. In addition, more than 40% of Scotland's international exports

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go to countries within the single market and of the more than 2000

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foreign owned companies in Scotland, 40% are owned by firms that are

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based in other European countries. These are all positive reasons

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related to the jobs and the livelihoods of thousands of people

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across Scotland. From my conclusion that Scotland's continuing

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relationship with Europe is absolutely vital. In the days

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leading up to the referendum in 2014, this Parliament debated the

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case for and against independence, and we did so with passion and a

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sense of the importance of the decision we were about to make. This

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is a parliament elected by the people of Scotland. Much more than a

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public body. Next Thursday is about securing hundreds of thousands of

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jobs for detecting the rights of workers, showing the world the

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Cabinet country we want to be. -- type of country. When it comes to

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issues of terrorism, climate change and the refugee crisis, does she

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share my support for the principle of working together with the other

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nations of the world? Yes, I do. I agree with that very strongly. As

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Kezia Dugdale and indeed the whole chamber and I think it is fair to

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say the whole country knows I believe passionately that Scotland

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should be an independent country. And I very much hope that in the new

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future we will be an independent country. But they also believe that

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very strongly, in the modern interdependent world we live in, the

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independent countries must work together. To tackle the issues that

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no country can deal with on its own. That does include issues like

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climate change, refugee crisis, and tackling terrorism. Independent

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countries working together on this issues makes all of us stronger and

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safer. I'll take the point of order at the

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end. Thank you. Kezia Dugdale. The future of our economy is one of the

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biggest issues being debated outside of this chamber. Sudden shocks would

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have a damaging impact on our ability to fund public services.

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People need to know what plans are in place. So can the First Minister

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tell us what contingency planning is underway to prepare for a shock to

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the UK economy? Well, clearly a very much hope that such a scenario does

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not arise. But let me be very clear, as First Minister my duty is to seek

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to protect Scotland's interests in all circumstances and therefore I am

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ensuring that appropriate planning for all eventualities is being

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undertaken by the Scottish Government. That we also say and I

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have said this made her give for that is Scotland faces the prospect

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of being taken out of the European Union against our democratically

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expressed will, then all options to protect our relationship with Europe

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and the European Union will require to be considered. Jackie Baillie.

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Thank you. Prior to the election the First Minister and Health Minister

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dismissed concerns about cuts to services at the Vale of leaving

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hospital, Inverclyde Hospital, the Royal Alexandra in Paisley and

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Lightburn Hospital in Glasgow is some house gerrymandering. Because

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the SNP government would not approve any changes that would run counter

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to the vision for the Vale which I have before me today. I have been

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given a leaked document, the final draft of the local development plan

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for NHS Greater Glasgow and Clyde. It lists the closure of Inverclyde

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but heard the unit, Lightburn Hospital and the transfer of

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children's emergency care away from the are a hitch in Paisley. Can I

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ask the First Minister if you will keep her promise to my constituents

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so that babies will continue to be born at the Vale?

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Jackie Baillie knows when I was Health Secretary I took actions to

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protect the hospital at the time. It was under threat from the last

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Labour administration. As I have made clear, as the Health Secretary

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has made clear, we will not approve proposals running counter to the

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vision for the Fail. I am not aware of the document Jackie Baillie is

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quoting, I am yet to receive a copy of it. I'm sure what she has read

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out our proposals. At most, proposals. Let me be very clear to

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this government's vision for the Fail and our commitment towards it.

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-- Vale. Last week the Education

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Secretary was greeted with booing at the conference, when he was

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discussing workload, talking about his plans for compulsory testing.

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How does the first Mr think her minister is right and the teachers

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are wrong? I'm astonished William Rennie asked that question, he was

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in the room yesterday when Larry Flanagan made positive comments

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about standardised assessment. I am paraphrasing, he said he felt much

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of the opposition and objection to standardised assessment was based on

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misunderstanding and misrepresentation of what the

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government was actually doing. Having sat in that education summit

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yesterday, while those comments were made, I am frankly staggered that

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Willie Rennie has asked me the question he has. I don't know who

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the First Minister thinks it she is building a consensus with, it is

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certainly not teachers. We have heard about their plans for

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industrial action, I don't know what planet she is on. Testing small

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children is not the answer to our problems in education, we have been

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down that blind alley before. Scotland's employers cannot get the

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skilled workforce they need. Save the children told us about lack of

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investment in early years vocabulary, nursery targets have

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been missed, too. All the while, education budgets have been cut up

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the fighting speeches over the first step provide the investment and the

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early education investment we need for our future? Instead of fighting

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with teachers? I notice Willie Rennie did not actually respond to

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what I just said about the comments of Larry Flanagan at the summit

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yesterday, that he was in attendance at. Willie Rennie also heard that

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the OECD talked about the very clear distinction between national

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testing, which we are not doing, and National assessment, which we are

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doing. Andy Hargreaves, of the OECD, very respected on education, praised

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the Scottish Government from moving from a culture of teacher judgment,

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and that he felt we were on the right track. That is what we are

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seeking to do to make sure we have the information we need to ensure

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that our children, regardless of where they grow up, their

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background, that they are getting the best possible education. Willie

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Rennie can oppose that if he likes, I am all for it, and determined we

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are going to achieve it. I would like to ask the First

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Minister whether the Scottish Government plans to restrict the

:20:09.:20:11.

amount of alcohol solvency markets or parts? We have no plans to

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restrict the mad Beasant -- restrict the amount of alcohol sold. We are

:20:26.:20:31.

still investigating the damaging effects of alcohol, and Scottish

:20:32.:20:35.

targets for reducing Scottish capital harm use. The First Minister

:20:36.:20:41.

will share my disappointment after a steady decline in recent years,

:20:42.:20:44.

alcohol consumption is once again on the rise, Scottish adults consuming

:20:45.:20:50.

on average of 41 bottles of vodka, with the health and social ills it

:20:51.:21:00.

brings. While I'm please note legislation is being considered at

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this time, existing legislation to restrict the overprovision of

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alcohol selling outlets should be reviewed as to its effectiveness? I

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agree with the sentiments behind Kenny Gibson's question. As I said

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in my original answer we will continue to pursue an evidence

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-based approach to tackling alcohol harm. The court case remains active,

:21:23.:21:28.

restricting what I can say. I continue to believe minimum unit

:21:29.:21:34.

pricing is more effective than tax, targeting the cheap high street

:21:35.:21:37.

alcohol favoured by the heavy astringents. I am not alone in

:21:38.:21:41.

wondering why a measure which would save 2000 lives over the next 20

:21:42.:21:45.

years is so resisted by some parts of the industry? To

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ask the buttons, particularly in East Lothian, that housing elements

:22:30.:22:39.

were. And planning authorities should take

:22:40.:23:12.

into account current infrastructure capacity, when they are approving

:23:13.:23:16.

developments. A sensible approach. We need new housing in Scotland,

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that is why we exceeded our target for affordable housing in the last

:23:22.:23:25.

parliament, setting ambitious targets in this Parliament. We must

:23:26.:23:29.

make sure the infrastructure is there to support new development,

:23:30.:23:32.

and that is what our approach to planning is about achieving. I echo

:23:33.:23:42.

Rachel Hamilton's concerns. The SNP Labour administration of Glasgow

:23:43.:23:46.

Council approved the garden development against the advice of

:23:47.:23:53.

officials. It is only most congested roads outside of the M25. Also the

:23:54.:24:01.

medical practice is that capacity. 4000 extra patients mean it will

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have to close its list. Not just about roads, but addressing the GP

:24:05.:24:11.

crisis in our health service? All of these matters are important, when

:24:12.:24:14.

any local authority is looking at new developments. These are matters

:24:15.:24:20.

for local authorities, the Liberal Democrats frequently in this chamber

:24:21.:24:24.

accuse the government of centralisation, talking about the

:24:25.:24:27.

merits of localism. They should start practising what they preach.

:24:28.:24:32.

The government is very clear, in the draft guidance I have spoken about,

:24:33.:24:36.

the importance of housing development. Nobody can deny the

:24:37.:24:41.

need for new housing development. The importance of making sure we

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have advocate infrastructure, whatever the nature of it is, it is

:24:45.:24:48.

in place, and that is what we will focus on. That the First Minister

:24:49.:24:55.

had a position on the future of paediatric services across Lothian?

:24:56.:25:00.

The board will consider next week the recommendation of an independent

:25:01.:25:08.

review of the paediatric services by the Royal College of Paediatrics and

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Child Health. The Scottish Government stands ready to support

:25:13.:25:19.

NHS Lothian, including recommendations to make sure all

:25:20.:25:22.

necessary improvements are delivered for the benefit of patients. The

:25:23.:25:27.

report by the Royal College into children's services has recommended

:25:28.:25:32.

a retention of a 24-7 board at St George 's. NHS must accept the

:25:33.:25:38.

recommendation, a tremendous victory for people power

:25:39.:25:49.

the first Mr has taken credit for good things happening at St John's,

:25:50.:26:00.

after nine years in government, much of that time as Health Secretary

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take responsibility for these failings, more importantly, for

:26:05.:26:10.

putting them right? I would have thought Niall Finlay may have come

:26:11.:26:16.

to this chamber to date, uttering an apology for what he has previously

:26:17.:26:23.

said on this issue. Every time Niall Findlay stood up in this chamber to

:26:24.:26:28.

raise this issue, it used to be from the benches of the official

:26:29.:26:32.

opposition, now from the benches of the third party in the Scottish

:26:33.:26:35.

Parliament, every time he has done it, he has suggested that the

:26:36.:26:43.

independent report was somehow underhandedly forcing the closure of

:26:44.:26:47.

the inpatients paediatric service at St John's. Now the report has

:26:48.:26:53.

recommended the retention of the children's inpatients service,

:26:54.:26:57.

surely Niall Findlay would have the good grace to admit he got it wrong

:26:58.:27:04.

previously? Now that the recommendation has been made, it is

:27:05.:27:09.

for the board of NHS Lothian to discuss its next week. I repeat what

:27:10.:27:13.

I said, the Scottish committee will support NHS Lothian in implementing

:27:14.:27:18.

the recommendations to ensure all necessary improvements are delivered

:27:19.:27:25.

for the benefit of patients. We can add this to the long list of things

:27:26.:27:29.

the government has done to insure improvement at St John's Hospital.

:27:30.:27:45.

To host the NHS summit for planning? Obviously the issue is recruitment

:27:46.:27:54.

and retention to the children's unit at Inchon 's Hospital, something

:27:55.:27:59.

that has been under investigation and discussion, and lots of activity

:28:00.:28:04.

has been taken to recruit people for a long period of time, that will

:28:05.:28:12.

continue to be the thing. I would say in passing, we have, working

:28:13.:28:19.

within the NHS, many first-class clinicians from many different

:28:20.:28:22.

countries across Europe and the world. It would be a massive mistake

:28:23.:28:29.

to close off the supply of any of them, and any decision we might be

:28:30.:28:35.

taking the next few days. Just days before the election, the force

:28:36.:28:39.

Minister wrongly denied they were proposals to close down the

:28:40.:28:44.

theatrics services in Paisley. From Jackie Baillie's proposal, there are

:28:45.:28:51.

proposals to move inpatients to Glasgow. 30 support those proposals?

:28:52.:28:58.

The member will have heard my reply to Jackie Baillie. Before the

:28:59.:29:03.

election Niall Finlay was standing up in this chamber week after week

:29:04.:29:06.

scaremongering about the Scottish Government's plans to close

:29:07.:29:11.

paediatric services at St John's Hospital, and today we're talking

:29:12.:29:14.

about the reservation of an independent report about retention

:29:15.:29:18.

of paediatric services. That underlines the commitment this

:29:19.:29:23.

cabman has two quality, sustainable local services. That is what will

:29:24.:29:31.

continue. What progress has the Scottish Government made to reduce

:29:32.:29:35.

the visibility of unhealthy products in schools? School food legislation

:29:36.:29:43.

provides high standards all schools must meet, lunches, tuck shops,

:29:44.:29:50.

breakfasts, vending machines. Food brought in to school is exempt from

:29:51.:29:55.

these regulations. The act requires all schools to promote health

:29:56.:29:57.

policies. I thank her for her answer. As she

:29:58.:30:06.

will be aware of our country's children now find it easier than

:30:07.:30:10.

ever to gain access to unhealthy food and drink. Energy drinks cause

:30:11.:30:12.

particular problems in schools across the country and have been

:30:13.:30:17.

cited by those such as Forfar Academy is a contributing factor in

:30:18.:30:20.

maybe several issues, he has brought in a ban and I fully support the

:30:21.:30:26.

campaign to get it in place across Tayside. Tomorrow I will be visiting

:30:27.:30:29.

a Dundee secondary school and I would be delighted to tell the start

:30:30.:30:34.

that you will be backing they can it campaign. We'll be First Minister

:30:35.:30:36.

join me in supporting this worthwhile cause? I know the Health

:30:37.:30:44.

Secretary has already publicly supported the can it campaign, and I

:30:45.:30:48.

think it is a very positive campaign that is worthy of support. As I

:30:49.:30:52.

outlined in Nyanza and I do agree that there are some worrying

:30:53.:30:56.

conclusions that have been drawn about the impact of energy drinks on

:30:57.:31:00.

young people. Food and drink brought into schools by pupils is exempt

:31:01.:31:07.

from regulations, but the act does require schools to set health

:31:08.:31:09.

routing policies and I would certainly expect these help

:31:10.:31:13.

promoting policies to apply to full -- food and drink permitted on

:31:14.:31:16.

school grounds. I think schools have the tools they need here. We will

:31:17.:31:20.

continue to talk to local authorities about all these matters

:31:21.:31:23.

but all of us have an interest in making sure that young people eat

:31:24.:31:26.

healthily because it is not only good for the health but also their

:31:27.:31:31.

ability to learn as well. This is a debate also about what is purchased

:31:32.:31:37.

by schools near as opposed to within schools. Given how many children

:31:38.:31:40.

Hedda doosra markets and local shops at lunchtime or on their way home

:31:41.:31:47.

from school and given that price... Will they be willing to engage with

:31:48.:31:52.

the retail sector that have better policies to promote healthy

:31:53.:31:57.

products? I think he is absolutely right. Not only are we willing to

:31:58.:32:01.

engage of retailers but we are already engaging with retailers and

:32:02.:32:04.

caterers to our supporting healthy choices framework challenging

:32:05.:32:09.

retailers and caterers to rebalance the promotions and support children

:32:10.:32:12.

and families to make healthier choices. As I have just said we also

:32:13.:32:19.

welcome public health campaigns like the Can It campaign, so we will

:32:20.:32:22.

continue to engage with industry to promote healthier choices wherever

:32:23.:32:25.

possible and any efforts in this direction are very welcome indeed.

:32:26.:32:31.

As the First Minister has acknowledged, this is more than

:32:32.:32:35.

about what is sold within schools. Recently in North Lanarkshire

:32:36.:32:39.

Council, they tried to enforce a ban on fast food snack vans operating

:32:40.:32:43.

within the vicinity of local schools. This ban was overturned in

:32:44.:32:48.

the courts, calling into question bands which operate across the

:32:49.:32:54.

country in Glasgow, and other areas. Can I ask the First Minister to ask

:32:55.:32:58.

the Cabinet Secretary for education to look at this recent court ruling

:32:59.:33:03.

and consider whether it there is any legislative changes required to give

:33:04.:33:09.

local authorities the power to enforce a snack van ban to improve

:33:10.:33:14.

the health of pupils in Scotland? I will certainly do so and I will ask

:33:15.:33:18.

the Cabinet Secretary for education to write when he has done so. What

:33:19.:33:28.

action is the Scottish Government taking to improve access to IVF

:33:29.:33:32.

treatment? This week we confirmed he would accept recommendations in the

:33:33.:33:35.

National infertility group's report to build on the improvements we have

:33:36.:33:39.

made to IVF access in recent years. This will see the number of IVF

:33:40.:33:44.

cycles on the NHS increase from two to three and also allow access for

:33:45.:33:48.

couples where one partner does not have a biological child. I thank the

:33:49.:33:54.

First Minister for her answer and the action her government is taking

:33:55.:33:59.

to ensure that IVF provision in Scotland is as generous as possible.

:34:00.:34:02.

Can I ask the First Minister Wendy's changes will come into effect

:34:03.:34:06.

ensuring that Scotland remains at the forefront in terms of IVF action

:34:07.:34:11.

and right across the UK? We are working to ensure that Scotland

:34:12.:34:14.

remains at the forefront of IVF action and rights across the UK.

:34:15.:34:19.

This is in comparison for example to Northern Ireland where eligible

:34:20.:34:22.

couples can access only one fresh and one frozen cycle of treatment.

:34:23.:34:25.

England were the majority of patients can access only one cycle,

:34:26.:34:30.

in Wales were patients can only access to cycles of taken. So the

:34:31.:34:35.

actions we are taking puts us at the forefront. Working is beginning with

:34:36.:34:41.

health boards to develop a sustainable in turn is --

:34:42.:34:43.

implementation plan which will include timescales for introduction

:34:44.:34:47.

of each of the criteria changes and I will make sure the Health

:34:48.:34:50.

Secretary keeps Parliament informed of the implementation as it

:34:51.:34:56.

progresses. Can I thank Margaret Mitchell for waiting to the end of

:34:57.:34:59.

First Minister's Questions to raise her point of order? Thank you. I

:35:00.:35:07.

seek your guidance on whether the line of questioning from Kezia

:35:08.:35:09.

Dugdale and the exchanges of the First Minister have breached the

:35:10.:35:13.

Parliament's rules in advance of next week referendum's the test of

:35:14.:35:18.

which is I believe that the content is likely to influence that

:35:19.:35:23.

referendum. And if they have been breached, what opportunity will

:35:24.:35:27.

there be to point out the unfettered free movement of people will deeply

:35:28.:35:31.

damaged the economy and our public services? And to point out, is the

:35:32.:35:40.

economy in the world and the talented and innovative people, the

:35:41.:35:46.

UK is more than capable of surviving outside the EU and in fact it is

:35:47.:35:52.

being Nato and the UN which has preserved our security, not the EU.

:35:53.:35:58.

Can I ask, is it the same point of order or separate? Can I thank

:35:59.:36:04.

Margaret Mitchell? Think she is quite right to raise this point of

:36:05.:36:07.

order. As members may know, the Parliament has decided to a decision

:36:08.:36:10.

of the business bureau and business managers in the bureau to observe

:36:11.:36:19.

our legal guidance that the parliament should not use

:36:20.:36:21.

parliamentary resources, this is under legal advice is affects us

:36:22.:36:28.

through the referendum act, that he Parliament should not use

:36:29.:36:30.

parliamentary resources to promote one side or the other during the

:36:31.:36:34.

referendum. The Parliament may also be aware that I wrote, as I believe

:36:35.:36:41.

this was an oversight rather than intend, I wrote on behalf of the

:36:42.:36:44.

Parliament to both the Speaker of the House of Commons and to the

:36:45.:36:48.

Secretary of State for Scotland to voice our concerns that we should be

:36:49.:36:52.

covered in this way. However we have agreed, I listened to but the

:36:53.:36:55.

questions and the answer is very carefully, it is my judgment that

:36:56.:37:00.

they did not breach that agreement and they did not take a side on

:37:01.:37:04.

either side of the referendum issue. That is my decision and I listened

:37:05.:37:14.

very carefully. They did not use parliamentary resources to promote

:37:15.:37:17.

one side of the argument. My daughter. Thank you. -- point of

:37:18.:37:28.

order. They said there was a lack of investment in early years. Having

:37:29.:37:32.

read the recent press release it does not say a thing of the sort. Is

:37:33.:37:36.

it correct that Mr Rennie should come here and misrepresent a very

:37:37.:37:40.

important charity, save the children? That is a point of

:37:41.:37:47.

information or accuracy. One second... One second, Mr Findlay.

:37:48.:38:01.

Thank you. That is a point of information or accuracy for the

:38:02.:38:04.

member. I am sure he heard your comments. It is for him to reflect

:38:05.:38:10.

on, not a point of order. In reply to Margaret Mitchell's point. I

:38:11.:38:14.

think whichever side they are on they have the right to be heard and

:38:15.:38:17.

the right to have their views put forward in the chamber but you

:38:18.:38:21.

expressed the view that parliamentary resources would not be

:38:22.:38:26.

used, I am not making a point on one side of the other, but surely the

:38:27.:38:31.

fact that we use power, we have the official report, these are

:38:32.:38:35.

parliamentary resources, therefore I think we need absolute clarity on

:38:36.:38:40.

this because it is very important. The point he makes is exactly the

:38:41.:38:44.

one that we considered in the bureau and with our legal advisers. The use

:38:45.:38:49.

of the parliamentary report to report on our proceedings is a user

:38:50.:38:54.

parliamentary resources. In this particular case I did not judge that

:38:55.:38:59.

either the questions or the answers were in abuse of those resources.

:39:00.:39:04.

That was my judgment. But members have made a point of order... --

:39:05.:39:13.

both members. My ruling so far, neither of these are points of order

:39:14.:39:17.

but I have taken them on board. Thank you. I raised a point of order

:39:18.:39:25.

yesterday during the members debate on a similar point to the ones that

:39:26.:39:30.

were raised today. I still await a response and I wonder if that can be

:39:31.:39:34.

forthcoming? I think the member will receive a response from one of the

:39:35.:39:38.

deputy residing officers. The information will be passed to the

:39:39.:39:41.

member I would imagine before the close of proceedings today, but just

:39:42.:39:47.

for information, our decision was that it was not a point of order

:39:48.:39:53.

yesterday either. More information will be passed later. For there are

:39:54.:39:57.

any more points of order, can I suggest we move to members business?

:39:58.:40:04.

I would ask members to leave the chamber quietly while we get on with

:40:05.:40:07.

members business. Thank you very much. The bit of to do there in the

:40:08.:40:14.

chamber. The new Presiding Officer facing his first challenge and it

:40:15.:40:17.

was on the subject of, guess what, the European Union. We will be

:40:18.:40:21.

talking about that in some detail later but it would be wrong to

:40:22.:40:24.

entirely neglect the substantive questions that were also put a stop

:40:25.:40:28.

joined now by two journalistic colleagues. David Torrance first of

:40:29.:40:32.

all. That's cool with all the substance of the questions facing

:40:33.:40:35.

the Christmas. She got a hard time from both rude Davidson and Willie

:40:36.:40:40.

Rennie on the question of teachers that Ruth Davidson. There is a

:40:41.:40:47.

cross-party battle for supremacy on this issue. Education was one of the

:40:48.:40:53.

things that Scottish Parliament was supposed to focus on after it was

:40:54.:40:57.

created and belatedly it is now doing that. What we are also seeing

:40:58.:41:04.

is what someone much wiser than than me cold the narcissism of small

:41:05.:41:07.

differences. There is not a lot between the two parties. They agree

:41:08.:41:11.

the attainment back must be closed and that teacher workload must be

:41:12.:41:16.

lifted. What the spots are over, slightly baffling spats, over how

:41:17.:41:20.

that should be done. She was making a distinction about the nature of

:41:21.:41:24.

the testing. One point that was being made both by Willie Rennie and

:41:25.:41:28.

Ruth Davidson is they are treating this as if it was a new problem. It

:41:29.:41:34.

plainly wasn't. The idea that they have been in power for nine years. I

:41:35.:41:38.

think that is the key point they are trying to get across. Ruth Davidson

:41:39.:41:42.

also managed to get in a little bit of a dig about the named person

:41:43.:41:46.

child protection scheme which the Tories as we know are strongly

:41:47.:41:51.

opposed to. The First Minister was particularly annoyed. She called it

:41:52.:41:57.

a cheap political stunt. The SNP backbenchers were also very angry,

:41:58.:42:02.

shouting, shame. I think you're absolutely right. The point that

:42:03.:42:06.

Willie Rennie and Ruth Davidson were both trying to make was, they are

:42:07.:42:11.

trying to fix the problem of your own making. What about the point

:42:12.:42:17.

about testing? The MSPs are streaming down the stairs behind you

:42:18.:42:21.

there. There appears to be a different interpretation as to what

:42:22.:42:24.

the testing is. Willie Rennie saying don't waste your time testing young

:42:25.:42:30.

kids, teach them instead Andy First Minister saying, no, you're getting

:42:31.:42:32.

it wrong is the nature of the testing. And are also seized a

:42:33.:42:38.

difference in saying the EIS and the Government and it is all as I say a

:42:39.:42:42.

bit baffling I imagine for the outsider. Baffling for teachers as

:42:43.:42:46.

well. They need clear guidance on this, what is coming down the line

:42:47.:42:52.

in terms of testing. The key point is whether testing will provide us

:42:53.:42:56.

with any new information. That is not altogether clear even after

:42:57.:43:00.

these exchanges. The First Minister is adamant you're required to get

:43:01.:43:03.

the data first and then the action. He said there is some scepticism.

:43:04.:43:08.

Yes and we have significant data about the attainment gap and that is

:43:09.:43:12.

why it is being discussed because we have data showing it has got worse

:43:13.:43:17.

over the last few years. It is not clear as to what standardised

:43:18.:43:22.

testing will add to that. Is this building up, Magnus, into a tough

:43:23.:43:25.

one for the Government? Do you have the potential of industrial action?

:43:26.:43:33.

Is this building up into a big one? Not on the testing. I think we are

:43:34.:43:37.

gaining some well needed clarity on this. We are talking about national

:43:38.:43:43.

assessment, not national testing. A lot of the political difficulties

:43:44.:43:47.

around this I think stem from a few months ago when perhaps government

:43:48.:43:51.

ministers tried to play to the gallery, play to public opinion a

:43:52.:43:55.

little bit and give the impression this was a slightly more rigorous

:43:56.:43:59.

national testing system that was coming in. In fact it is something

:44:00.:44:03.

slightly different but relies on entirely on teacher judgment. The

:44:04.:44:07.

EIS are happy with that. Nicola Sturgeon was careful to them that

:44:08.:44:12.

back in Willie Rennie's face. On testing it sounds as if John Swinney

:44:13.:44:15.

is taking this whole issue of workload very seriously. My hunch is

:44:16.:44:22.

that industrial action will be avoided on this although there are

:44:23.:44:26.

negotiations still to run. David, one of the serious things he was

:44:27.:44:29.

doing was to call the summit yesterday. I'm sure it was with good

:44:30.:44:34.

intention and good purpose. It is also bringing the opposition parties

:44:35.:44:38.

onside and trying to keep them in the tent. Rather than lobbing things

:44:39.:44:42.

at the campus. Summitry is the key part of the game. It brings the

:44:43.:44:49.

opposition and it makes us though the Scottish Government is doing

:44:50.:44:53.

something. They love to appear as if they are doing something. We are

:44:54.:44:57.

both deeply cynical in that regard. Magnus, let's turn briefly to the

:44:58.:45:00.

topic of health that was raised by Jackie Baillie and Neil Findlay.

:45:01.:45:04.

Again they are from bottles on both occasions from the First Minister.

:45:05.:45:12.

-- firm bottles. The question Mr Findlay has been asking a lot about

:45:13.:45:16.

children's services at St John's in Livingston, that seems to be

:45:17.:45:19.

resolved. The First Minister was committing support from the Scottish

:45:20.:45:27.

Government to NHS Lothian. It looks as though that long-running saga is

:45:28.:45:32.

reaching a solution and the Government are going to put the

:45:33.:45:36.

money where their mouth is. In terms of long-running salad is, Jackie

:45:37.:45:42.

Baillie has been pursuing the Vale of Leven Hospital and got a blonde

:45:43.:45:44.

dancer saying regardless of what document you have in your

:45:45.:45:48.

possession, the First Minister was saying is they would be no change to

:45:49.:45:50.

the provision of services. He comes down to who the voters

:45:51.:46:05.

trust. Highly unusual that the detail changes slightly after the

:46:06.:46:08.

election. The First Minister used to be the Health Secretary. It is her

:46:09.:46:15.

own record being examined. In terms of competence, her own record is

:46:16.:46:22.

intrinsically bound. She will take everything seriously, but health

:46:23.:46:28.

much more seriously. Briefly, we have tuck shop wars. I should not

:46:29.:46:34.

mock. Children's nutrition. Described as being about the tuck

:46:35.:46:39.

shop coming into the school. I was joking before we went on air, this

:46:40.:46:42.

is what devolution was for, the Scottish Government set up to

:46:43.:46:48.

regulate tuck shops. There is an autonomy issue, for schools, equally

:46:49.:46:53.

a governmental role into what kind of food is sold. I imagine it is a

:46:54.:46:59.

then when I was at school. Thanks, we will come back to you in a couple

:47:00.:47:01.

of minutes. The European Union was discussed

:47:02.:47:09.

between Cacia Dugdale and the European mint -- and the First

:47:10.:47:19.

Minister. Before we began the programme today, I took the chance

:47:20.:47:24.

to raise the question of the European Union with both sides in

:47:25.:47:29.

the campaign. Asking the Conservative MSP, Graeme Morrison,

:47:30.:47:32.

the fundamental argument for leaving.

:47:33.:47:37.

Michael argument, always about pussy, sovereignty. About who runs

:47:38.:47:44.

affairs in Scotland and in the UK. By taking back control from the EU

:47:45.:47:49.

we can have much more say about what happens in Scotland and the rest of

:47:50.:47:54.

the United Kingdom. Christina, a fundamental appeal? For Remain,

:47:55.:48:01.

benefits we recruit from being members of the European Union,

:48:02.:48:07.

workers' rights, female rights, peace, protection, all these

:48:08.:48:13.

reasons, why people should remain in the European Union. A UK Government

:48:14.:48:18.

unfettered by these regulations and rules, as I put it rights and

:48:19.:48:22.

responsibilities, a dangerous prospect. A luck to lose? Cristina

:48:23.:48:29.

Torkilsen policy decisions. These are decisions taken in Brussels. I

:48:30.:48:33.

think, and I would think a nationalist like Christina would

:48:34.:48:37.

think these decisions should be taken closer to home. Isn't it true

:48:38.:48:42.

that the rights are underpinned by Brussels law. Implemented by the UK,

:48:43.:48:49.

underpinned by Brussels? Take employment rights. These could be

:48:50.:48:55.

enshrined in UK law. There is absolutely no reason... I would love

:48:56.:49:02.

to have that enshrined in UK law. We have a trade union Bill taking away

:49:03.:49:06.

rights. Proposal to repeal the Human Rights Act. What we have is

:49:07.:49:11.

proposals from a government taking away those rights, they say we will

:49:12.:49:17.

confirm them back to you commit because -- back to you because we

:49:18.:49:22.

have goodwill. What about the argument they should be taken in the

:49:23.:49:26.

UK? It is a red herring, there are 28 members of the European Union,

:49:27.:49:32.

they will have elected MEPs. Elected ministers. They have a vote and a

:49:33.:49:38.

veto. David Cameron has used it in the past. There is a democratic

:49:39.:49:43.

structure in place. It is not democratic, decisions are taken in

:49:44.:49:47.

Brussels by people who are not elected. Michael argument is

:49:48.:49:53.

decisions should be taken by elected parliamentarians, as close to the

:49:54.:49:57.

people as possible. In this case in Scotland. What are elected MEPs.

:49:58.:50:04.

Someone like Christina, coming from the back when she does, I would

:50:05.:50:12.

think she would support that. I noticed I was wearing a different

:50:13.:50:15.

time in that pre-recorded interview! The substance that counts. The stunt

:50:16.:50:24.

of the fate -- substantive debate. Questions raised to the First

:50:25.:50:27.

Minister. One or two were unhappy that was the case stop we have the

:50:28.:50:36.

presiding officer saying it was OK, they were not making a case one way

:50:37.:50:41.

or another. Using public resources, the problem? In an election or

:50:42.:50:48.

referendum? You can quantify that, in terms of people asking questions

:50:49.:50:53.

in the chamber, tabling a written question, that all has a cost.

:50:54.:50:57.

Difficult to pin down, but it is there. The official report. It

:50:58.:51:04.

appears it directly contradicts the presiding Officer's own analysis. He

:51:05.:51:14.

says it does not. There was some grinning on the faces of the

:51:15.:51:19.

ministers. The First Minister. Probably quite a widespread view it

:51:20.:51:23.

would be slightly absurd not to discuss the EU reference. Certainly

:51:24.:51:28.

not the approach taken by Kinsey Sio that they'll. She said we debated,

:51:29.:51:35.

it would be wrong not to debate the biggest topic. Far be it from anyone

:51:36.:51:44.

to question the decisions of the presiding officer. That was quite an

:51:45.:51:50.

extraordinary decision he made. The gist of the rule, cost comes into

:51:51.:51:54.

it. Nothing should happen that is capable of influencing people. We

:51:55.:51:58.

have a staged encounter between that encounter between Dugdale in the

:51:59.:52:17.

first semester. There are photocalls NOW, telling you everything you need

:52:18.:52:22.

to know. The first method set jobs depend on Scotland's relation with

:52:23.:52:26.

the EU. I thought she challenged it really well. She made sure, even if

:52:27.:52:32.

she was always going to get overruled, she got in some points of

:52:33.:52:36.

heroin. From processes substance. A photocall outside with the five

:52:37.:52:40.

Parliamentary leaders in this Parliament. Our people paying

:52:41.:52:44.

attention to the political direction? Are they making their

:52:45.:52:52.

minds up in way? Interesting point. They are making up their own minds,

:52:53.:52:56.

there could be a difference between Scotland and the rest of the

:52:57.:52:59.

country. There is evidence that your average voter ignoring Establishment

:53:00.:53:04.

politicians, big business, independent organisations. At this

:53:05.:53:10.

late stage, I am not sure joint photocalls will make much

:53:11.:53:14.

difference. This photocall, and the event coming up this afternoon. The

:53:15.:53:20.

European Movement, that is notable. Nicola Sturgeon was quite certain

:53:21.:53:25.

she was not going to share platforms with conservatives. She has done it

:53:26.:53:30.

once in a televised debate last week, doing it again this afternoon.

:53:31.:53:35.

That speaks to the urgency of the situation, and the narrowing of the

:53:36.:53:42.

polls. The early cast list did not include a conservative. Yesterday

:53:43.:53:45.

one was added. It speaks to the position of conservatives in

:53:46.:53:49.

Scottish politics generally. Despite the recent election results, still a

:53:50.:53:55.

toxic one. All the parties nervous about being seen to cooperate with

:53:56.:54:00.

them. A very different debate taking place in Scotland, to the one Taking

:54:01.:54:02.

Place in England? Slightly different. There was a focus on what

:54:03.:54:09.

will happen, in terms of powers for Holyrood. Really interesting, only

:54:10.:54:16.

yesterday did John Swinney address that point. The Leave campaign has

:54:17.:54:23.

been allowed to make a without argument. That powers would

:54:24.:54:29.

automatically transfer from Brussels, not to Westminster, but

:54:30.:54:33.

Holyrood. Particularly in the case of fishing and farming. John

:54:34.:54:38.

Swinney, yesterday, really quite forthright in their that. Surprising

:54:39.:54:46.

to my mind how slow the Remain side have been. The two sides have

:54:47.:54:52.

fundamental messages. We got the message to date on the economy from

:54:53.:54:56.

supporters of Remain. The message on the other side tends to go to

:54:57.:55:01.

immigration. They do argue other points as well, that the default

:55:02.:55:07.

argument tends to be in the Gration. Is that when we are, two fundamental

:55:08.:55:12.

arguments battling. When they move from processed into substance, they

:55:13.:55:16.

mention unfettered freedom of movement. The default argument. At

:55:17.:55:22.

the late stage, one week to go. You have two boiled down your message to

:55:23.:55:26.

the bare essentials. The polling shows immigration and economy jostle

:55:27.:55:31.

for primacy in terms of what is most important for voters. It makes sense

:55:32.:55:37.

for Remain to go with the economy, and Leave to go with the immigration

:55:38.:55:48.

issue. Have the sides menace to counter the arguments? Not really, I

:55:49.:55:58.

don't think so. The League side have not attempted to counter the

:55:59.:56:01.

economic argument. They have dismissed it as scaremongering. --

:56:02.:56:16.

the Leave side. That budget yesterday, quite striking in terms

:56:17.:56:24.

of the lack of impact. It is designed to close down debate,

:56:25.:56:28.

rather than encourage it. The whole tenor of the Remain campaign has

:56:29.:56:33.

been on those lines, with one weeks ago, the same will not have impact.

:56:34.:56:40.

As the immigration question been closed down by the Remain side?

:56:41.:56:45.

Distracting attention. Moving focus onto the economic argument? The

:56:46.:56:51.

question of immigration sums up one of the problems the Remain side has

:56:52.:56:57.

generally. If you take Labour, contradictory views on immigration

:56:58.:57:02.

within Labour alone. If you look at the Remain side generally, you don't

:57:03.:57:07.

get the feeling of a coordinated campaign. Several campaigns talking

:57:08.:57:12.

to discrete constituencies on their own. In stark contrast to the Leave

:57:13.:57:20.

side, at heart a simple, clear message, resonating with focus

:57:21.:57:24.

groups, taking back control. Talking about the impact, what about the

:57:25.:57:29.

impact of the Conservatives? A Sirius Prospect, if it is exit, the

:57:30.:57:34.

Prime Minister and the Chancellor could stay in office? It is an

:57:35.:57:38.

extremely messy situation either way. If it is a narrow Remain vote,

:57:39.:57:44.

Kamran is more unpopular with a section of his party than a few

:57:45.:57:49.

years ago. Not even masking it anymore. Complete breakdown in

:57:50.:57:55.

discipline. If there is a Brexit vote, Kamran would have to resign,

:57:56.:57:59.

Osborne's chances of succeeding would be minuscule. Read unifying

:58:00.:58:04.

the Conservative Party after the past few months, almost impossible.

:58:05.:58:11.

-- unifying. I agree with David, absolutely. I cannot see the Prime

:58:12.:58:17.

Minister remaining in office if we vote to leave. Thank you both very

:58:18.:58:23.

much. Remarkable series of questions to the First Minister, the topic of

:58:24.:58:27.

Europe being raised almost in defiance of the ruling. It was ruled

:58:28.:58:39.

that they were not using public resources to making art. Things

:58:40.:58:48.

going on outside, the leave campaign in Scotland at a rally. It is one

:58:49.:58:53.

week to the vote. From, me, Brian Taylor, goodbye.

:58:54.:59:00.

the most important issues of the EU Referendum,

:59:01.:59:06.

and it'll be in front of a live audience of thousands,

:59:07.:59:09.

in a final attempt to persuade YOU of their side of the argument.

:59:10.:59:14.

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