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Moonie, Lord (5)
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To ask the Secretary of State for Scotland, if he will make a statement on the Government's policy on the Scottish Law Commission's Incapable Adults Report (Scots Law Com. No. 151).
To ask the Secretary of State for Scotland, if he will make a statement on the Government's policy on the Scottish Law Commission's Incapable Adults Report (Scots Law Com. No. 151).
Asked by
Lord Moonie
(Labour)
Answered by
Henry McLeish
(Labour)
Answering body
Scottish Office
Type
Written questions
Status
Answered
Tabled on
14 December 1998
For answer on
16 December 1998
Answered on
16 December 1998
Dr. Moonie: To ask the Secretary of State for Scotland if he will make a statement on the Government's policy on the Scottish Law
Commission's Incapable Adults report (Scots Law Com. No. 151). [64388]
Mr. McLeish: The subject of decision-making on behalf of adults who are unable to manage their own affairs is an important one. The
Government have been made fully aware of the issues through the report by the Scottish Law Commission in 1995 and subsequent public
consultation, which attracted a substantial and carefully considered response. We accept the need for reform of the existing
legislation in this important area of the law that provides support and protection for some of the most vulnerable people in
society.
It will be within the competence of the Scottish Parliament to legislate in this area and this statement cannot pre-empt
announcements about the Scottish Parliament's legislative programme. It excludes consideration of the SLC's recommendations about
medical treatment and research and advance statements. These are sensitive issues and we received many responses on them in the
consultation exercise. We have not made any decisions on these matters yet; and we shall also want to consider what emerges from the
Lord Chancellor's recent consultation exercise on similar proposals for England and Wales.
We agree with the general principles proposed by the SLC that any intervention should produce a benefit for the adult; be least
restrictive of the adult's freedom; wherever possible encourage the adult to use existing skills and acquire new skills, and take
account of the present and past wishes of the adult.
In relation to particular aspects of the Report we agree with the SLC on the following:
The proposed definition of mental incapacity;
The current office of the Accountant of Court should be expanded to form a new office of Public Guardian;
The function of the Public Guardian should be to maintain public registers of all those authorised to take decisions on behalf of an
incapable adult and to supervise and monitor the performance of financial guardians;
The recognition of continuing and welfare powers of attorney and the introduction of public scrutiny of the exercise of such powers;
The creation of a new concept of guardianship to provide for a broad and flexible system of one-off intervention orders and longer
term guardianship, with appropriate welfare or financial powers as ordered by the court; and
That key decisions on applications, and in other proceedings under the proposed legislation, should be dealt with in the sheriff
courts.
There are a small number of areas where we propose to vary the SLC's recommendations.
We propose to modify the SLC scheme for carers in domestic settings to have access to funds from the bank accounts of incapable
adults, in order to meet daily living expenses. Under the revised scheme, the Public Guardian would grant authority to have
stipulated payments made for a time limited period from the incapable adult's account to a designated account. The Public Guardian
would have powers to check that the incapable adult's funds were being applied for the intended purpose.
We propose to modify the SLC recommendations that residential homes should apply to the Public Guardian for authority to manage
residents' finances. Under the revised proposals, registration and inspection authorities in local authorities and Health Boards
would authorise the managers of residential establishments to manage the funds of residents who are incapable of so doing, up to
prescribed limits, and in circumstances where no other arrangements would be appropriate for managing the finances of these
residents.
We do not propose to follow the SLC recommendation that the Public Guardian should be able to be appointed as financial guardian to
an incapable adult. We take the view, however, that the arrangements recommended for withdrawals from bank accounts and for
intervention orders, and also for management of finances by residential establishments, should be sufficient to meet the needs of
incapable adults with modest estates. The Public Guardian's functions will be focused on maintaining public registers of guardians
and monitoring and supervising guardians with financial powers. Local authorities and the Mental Welfare Commission will monitor
those exercising welfare powers on behalf of incapable adults.
Subjects
Finance; Law; Guardianship; Medical treatments; Mental capacity; Scotland; Reform
Date
16 December 1998
Reference
64388; 322 c514-5W
House
House of Commons
To ask the President of the Board of Trade, when she will announce her decision on the public inquiry into the electricity interconnector from Scotland to England. - Includes ref to Official Report of 16 February 1998 at 306 c510W.
To ask the President of the Board of Trade, when she will announce her decision on the public inquiry into the electricity interconnector from Scotland to England. - Includes ref to Official Report of 16 February 1998 at 306 c510W.
Asked by
Lord Moonie
(Labour)
Answered by
John Battle
(Labour)
Answering body
Department of Trade and Industry
Type
Written questions
Status
Answered
Tabled on
5 March 1998
For answer on
16 March 1998
Answered on
16 March 1998
Dr. Moonie: To ask the President of the Board of Trade when she will announce her decision on the public inquiry into the
electricity interconnector from Scotland to England. [33643]
Mr. Battle: [holding answer 10 March 1998]: There is no outstanding public inquiry on the Anglo-Scottish interconnector. The only
overhead line public inquiry reports that my Department is currently considering are the 1992 and 1995 public inquiries into
reinforcement of the English transmission system in Cleveland and North Yorkshire and a 1997 public inquiry into an overhead line at
Mardy, Abergavenny. The situation on the 1992 and 1995 public inquiries is as recorded in my right hon. Friend's reply to the right
hon. Member for Richmond, Yorks (Mr. Hague) on 16 February 1998, Official Report,
column 510.
Subjects
Distribution; Electricity; Public inquiries; Scotland; Electricity interconnectors
Date
16 March 1998
Reference
33643; 308 c492-3W
House
House of Commons
To ask the Secretary of State for Scotland, if he will assess the advantages of extending the compulsory pasteurisation of milk to milk from (a) goats and (b) sheep. - (Holding answer 24 February).
To ask the Secretary of State for Scotland, if he will assess the advantages of extending the compulsory pasteurisation of milk to milk from (a) goats and (b) sheep. - (Holding answer 24 February).
Asked by
Lord Moonie
(Labour)
Answered by
Sam Galbraith
(Labour)
Answering body
Scottish Office
Type
Written questions
Status
Answered
Tabled on
17 February 1998
For answer on
25 February 1998
Answered on
25 February 1998
Dr. Moonie: To ask the Secretary of State for Scotland if he will assess the advantages of extending the compulsory pasteurisation
of milk to milk from (a) goats and (b) sheep; and if he will make a statement. [30730]
Mr. Galbraith: [holding answer 24 February 1998]:
These issues were considered in the consultation exercise on the sale of raw sheep and goats' milk in Scotland, conducted during the
Autumn 1996. The consultation paper included a number of possible options for the course of future policy. No decisions have yet
been taken on this policy.
Subjects
Goats; Milk; Scotland; Sheep; Untreated milk
Date
25 February 1998
Reference
30730; 307 c269W
House
House of Commons
To ask the Secretary of State for Scotland, how many outbreaks of food poisoning in each year between 1986 and 1996 were related to the consumption of unpasteurised milk, broken down by infective agent, if known. - Includes figures and list. (Holding answer 24 February 1998).
To ask the Secretary of State for Scotland, how many outbreaks of food poisoning in each year between 1986 and 1996 were related to the consumption of unpasteurised milk, broken down by infective agent, if known. - Includes figures and list. (Holding answer 24 February 1998).
Asked by
Lord Moonie
(Labour)
Answered by
Sam Galbraith
(Labour)
Answering body
Scottish Office
Type
Written questions
Status
Answered
Tabled on
17 February 1998
For answer on
25 February 1998
Answered on
25 February 1998
Dr. Moonie: To ask the Secretary of State for Scotland how many outbreaks of food poisoning in each year between 1986 and 1996 were
related to the consumption of unpasteurised milk, broken down by infective agent, if known; and if he will make a statement.
[30726]
Mr. Galbraith: [holding answer 24 February 1998]:
Sixteen outbreaks attributed to unpasteurised cows milk were reported to the Scottish Centre for Infection and Environmental Health
between 1986 and 1996. Thirteen were of salmonella infection and three of campylobacter infection. None have been reported since
1992.
1986: Two outbreaks: salmonellosis.
1987: Five outbreaks: two salmonellosis, three campylobacteriosis.
1988: One outbreak: salmonellosis.
1989: None.
1990: Two outbreaks: salmonellosis.
1991: Four outbreaks: salmonellosis.
1992: Two outbreaks: salmonellosis.
1993: Two outbreaks: campylobacteriosis.
1994: None.
1995: The outbreak surveillance system did not operate in 1995.
1996: None.
In addition to the above there was one case of food poisoning (E.coli 0157) associated with raw goats' drinking milk in 1996. The
question of pasteurisation of milk from goats and sheep was the subject of a recent consultation. No decisions have yet been taken
on this.
Subjects
Food poisoning; Scotland; Untreated milk; Pasteurised milk
Date
25 February 1998
Reference
30726; 307 c268W;307 c268-9W
House
House of Commons
To ask the Secretary of State for Scotland, What progress has been made in the development of an integrated transport policy in Scotland. (Failed OPQ).
To ask the Secretary of State for Scotland, What progress has been made in the development of an integrated transport policy in Scotland. (Failed OPQ).
Asked by
Lord Moonie
(Labour)
Answered by
Henry McLeish
(Labour)
Answering body
Scottish Office
Type
Written questions
Status
Answered
Tabled on
3 February 1998
For answer on
17 February 1998
Answered on
17 February 1998
Dr. Moonie: To ask the Secretary of State for Scotland what progress has been made in the development of an integrated transport
policy in Scotland. [28082]
Mr. McLeish: My right hon. Friend will publish a White Paper later this year. This paper will set out measures to achieve the
Government's aims for an integrated transport system that is appropriate to the needs of the people, economy and environment of
Scotland.
Subjects
Policy; Scotland; Transport
Date
17 February 1998
Reference
28082; 306 c577-8W
House
House of Commons