 The first item of business this morning is consideration of business motion 10372, in the name of Joe Fitzpatrick on behalf of the parliamentary bureau, sitting at a timetable with the safety consideration of the building's recovery of expenses, Scotland Bill. Any member who wishes to speak against the motion should press a request-speak button now, and I call on Joe Fitzpatrick to move motion number 10372. Thank you. No member has asked to speak against the motion, therefore I now put the question to the chamber. The question is that motion number 10372, in the name of Joe Fitzpatrick, would be agreed to. Are we all agreed? The motion is therefore agreed to. We now move to general questions. Question number one, Dennis Robertson. Thank you, Presiding Officer. To ask the Scottish Government what help can it give to GPs on the recruitment and retention for rural and remote practices. Presiding Officer, the Scottish Government is working with NHS Highland to promote a range of initiatives to recruit and support GPs working in remote and rural areas throughout Scotland. Recruiting GPs into remote and rural locations is always a difficult task, and we completely understand the frustration that this is causing within local communities that are without a permanent GP. One strand of work, being supported by £1.5 million of funding from the Scottish Government over four years, is to develop and test innovative ways of delivering healthcare in rural Scotland. The traditional approach to recruitment has not been successful, so as part of that work, we are developing a bespoke recruitment exercise with the support of a marketing expert that will be put in place by the summer. I thank the cabinet secretary for that answer. Within my own constituents of Aberdeenshire West I have met with several GPs, and their concern is that their work overload is such because of the ageing population that medical students coming through the system are not going to be able to replace the GPs that are coming up for retirement. What can be done to alleviate that position? National recruitment data shows that recruitment into GP training remains high with a 92 per cent fill rate. I also say to the member that the cabinet secretary for education and lifelong learning, Mike Russell and myself, have agreed recently to increase the number of trainees, but specifically to encourage trainees who live in rural areas to enrol in medical school because there is clear international evidence that people who come from rural areas, once their training is completed, tend to go back to rural areas to live and work in. We are tackling this problem and I recognise the issues. There are many communities with particular problems, particularly in the more remote communities, but we are working with the Royal College of GPs, the BMA and the health boards and a range of other people to try to address the problem. However, I should remind members that the number of GPs per head in Scotland is the highest by far in the whole of the UK. Does the minister agree that using cash incentives to attract GPs to rural and remote practices has only had a limited effect on the pilots that have taken place? Does he further agree that drastic measures will have to take place in order to counter the worrying trends that are seen across rural Scotland? Can he confirm what action he will take to create a level playing field between dispensing doctors and pharmacists in rural areas? In the latter point, the member will be aware that I have laid regulations on dispensing GPs and to try to deal with the situation whereby, if there is an application for a new pharmacy in a rural area, the wider consequences of approving that application, particularly of GP facilities, has to be considered as part of the board's decision as to whether to accept the application or not. I suggest that the member reads the regulations that are already laid before Parliament and I intend to implement them once Parliament has approved them at the earliest possible opportunity. In terms of the challenge of recruiting GPs to rural areas, this is not primarily about financial incentives because we have tried financial incentives. The key issue is work-life balance and very often it is not the GP who is concerned about moving to a rural area, very often it is family pressure that prevents them from moving or staying in a rural area. I am particularly conscious of areas such as West Lochaber, for example, in the Highlands, where we have done everything possible to recruit GPs, but clearly I cannot force GPs to go live and work permanently in any particular location. However, as I said previously, we do recognise the problem. It is not confined to Scotland, it is a general problem and it is one that we are trying innovative ways to address, including the extended use of telehealth facilities in places such as Calhoun, where they will get direct access to consultancy services at Aberdeen, Royal and Firmraith. To ask the Scottish Government how many private educational establishments are entitled to 80 per cent mandatory rates relief and how many are given relief of up to 100 per cent. Minister Alasdor Rowland? Currently, any charity, including educational establishments, registered with the Office of the Scottish Charity Regulator, is entitled to receive 80 per cent mandatory relief, which a local authority may decide to top up to 100 per cent. Data on the number of private educational establishments in receipt of relief and what percentage of relief they receive is not held centrally. John Finnie? I thank the minister for that response. I certainly have figures that I got from Spice, and those figures show that in Edinburgh in the last three years, about £5 million of mandatory relief was given. With scarce public resources, I do not think that that money should be going to the pampered and the privileged. Would the minister agree with me that that £5 million would be better spent in public services for the many? Will he work with colleagues to ensure that there is a removal of mandatory rates relief for those social elites? Of course, the decision about what constitutes a charity and what does not, does not come down to ministers. It comes down to Oscar, and there has indeed been a rolling review of all the private educational establishments or all the private schools, I should say, in Scotland, with 39 schools having been examined in this way by Oscar recently, and 35 having passed the charity test, two having failed and subsequently passed with changes and two still being considered. Those are very much questions for Oscar rather than for Government intervention. Question 3, Liz Smith. To ask the Scottish Government whether it will review the remit of Education Scotland's school inspections to include the condition of school buildings. School inspections aim to answer the following three questions. How well do young people learn and achieve? How well does the school support young people to develop and learn? And how well does the school improve the quality of its work? Local authorities have responsibility for health and safety and the structural condition of buildings. Although Education Scotland does not inspect the structural aspects of a school, if they become aware of a health and safety issue, while they are inspecting, they will follow up with the school and the local authority to ensure that it is addressed. National guidance is provided to assist local authorities in assessing the condition of their school estate. Liz Smith, I thank the minister for that answer. He will know that the cabinet secretary quite rightly asked local authorities to review their school estate in light of the tragic accident at Liberty High School. He will also know that Audit Scotland this week has flagged up that 18 per cent of the school estate has concern. Would he agree that there is a very strong case to ensure that there is a formal recognition of school buildings when it comes to school inspections? I think that the whole chamber would agree that we must all learn lessons from the tragedy at Liberty High School. The member will be aware that there is not a great deal more I can comment on about that specific case, given the on-going investigations around it. I think that what is important to say, however, is that local authorities are best placed to assess the condition of schools. It is significant that, notwithstanding everything that the member has said, it is significant that the percentage of pupils in schools that are categorised as having either poor or bad buildings has dropped from 37 per cent in 2007 to 16 per cent now. We are not complacent about that, but I would suggest that it indicates very substantial achievements being made. To ask the Scottish Government what flexibility there is in the national calculation method for determining the type of heating system that is used in large public buildings. The national calculation methodology for non-domestic buildings currently includes flexibility for 24 types of heating ventilation and air conditioning systems. Those can be used to provide heating in all types of non-domestic buildings, including large public buildings. I thank the minister for his response. As he may be aware, Orkney hit the 100 per cent renewables target seven years early last year, but it is required innovation, but it has also tested the existing grid's capacity. It has also exposed regulatory obstacles that may hamper achievement of that 100 per cent target. Will the minister therefore commit to look at potential derogations to existing planning requirements to enable renewably generated electricity to be more extensively used? Will he agree to consult with his colleagues at Fergus Ewing and the health secretary to see how both commercial and community schemes looking to supply Orkney's heating load over the coming years, particularly the new hospital, can be facilitated? Yes, I will accede to that very reasonable request from Mr MacArthur and explore all options here. I will instruct officials to consider the detail and the potential flexibility that may well exist to take forward the agenda in light of Mr MacArthur's comments. Whilst bearing in mind that there are some legislative and regulatory requirements that we have to stick with, we will absolutely be as flexible as we can to deliver the outcome desired. I apologise, Presiding Officer. To ask the Scottish Government how the single intelligence agency it proposes to create in an independent Scotland would protect citizens from unjustified surveillance. As indicated in Scotland's future, striking the right balance between maintaining the constitutional and human rights of our citizens and the need for national security will be vital. For the first time, there will be democratic governance and accountability of national security matters in Scotland by a Scottish Government and Scottish Parliament. Early legislation will set out the purpose, duties and powers of a Scottish security and intelligence agency and the controls that will exist on the use of those powers. The Government's white paper talks about the necessary co-operation that would take place with the UK security agencies. It also says that some of the work undertaken by security agencies means by necessity interference with the privacy of specific individuals, but we now know, following revelations not only from the private sector but also from Charles Fawr, the UK Government's own senior security official, that that is not what the UK agencies undertake. The UK agencies are very clearly undertaking mass uncontrolled surveillance of the entire population of innocent citizens. Can the Scottish Government give a clear undertaking that it will take the privacy of innocent citizens seriously and that the agencies, policies, co-operation agreements and infrastructure will be designed in such a manner that we do not repeat mass surveillance of the entire population? Yes, I can give that assurance. It is quite clear that not only will we ensure that we enshrine it within the constitution to provide rights for the individual citizen, but there will not only be the commissioners but they will also be subject to appropriate parliamentary scrutiny here. What I can say is that it does appear to me that this requires to be the balance between the rights of the individual and the rights of indeed of the wider community. So far, I believe that, certainly with regard to serious organised crime that does come before me and is dealt with by Police Scotland, we do have that appropriate balance of proportionality and indeed of scrutiny. What we have to ensure is that when the full powers come, that this applies because the rights and the issue will be of even greater magnitude. But I think that we can give that assurance and I can certainly say that with regard to how serious organised crime and other aspects of intrusion are dealt with in Scotland at the present moment by Police Scotland and indeed other agencies, we do strike that correct balance. Thank you, Presiding Officer. Ahead of any changes that may occur and suggested by the cabinet secretary, could he share with the Parliament, does he have any evidence currently to suggest that surveillance is conducted by any police or other agency organisation in breach of the law? I was saying in response to Patrick Harvie's initial question that I am only aware of matters that relate to serious organised crime. Terrorism is reserved and the issues that relate to that would go to the Home Secretary and would not come to myself. What I can say with regard to serious organised crime, I believe that matters are dealt with appropriately. I deal with the commissioner, I deal with Police Scotland and I think that the correct balance is struck. But clearly what I cannot comment on are the matters of concern raised by Patrick Harvie about issues that relate to terrorism because neither myself as a justice secretary nor indeed any other parliamentarian or government minister in Scotland is entitled to receive that. It all goes to the south. To ask the Scottish Government when the Cabinet Secretary for Health and Well-being last met with the chief executive NHS Lanarkshire and what was discussed. Presiding Officer, ministers and officials regularly meet the chief executives of all health boards, including NHS Lanarkshire, to discuss matters of importance to local people. I thank the cabinet secretary for that answer. However, presiding officer, surely the cabinet secretary must understand or at least admit that in his watch Lanarkshire, NHS has moved from crisis to crisis with waiting times, negligent payments and other indicators amongst the one that Scotland's worst. Investigations such as neonatal deaths and mortality rates and 12 consultants and other senior staff maligned by the health secretary as so-called experts. So isn't it time this cabinet secretary took the advice up the front of Tuesday's daily record to get a grip by setting up an independent inspection system, able to proactively investigate every aspect of NHS in Lanarkshire and Scotland and able to tackle problems as soon as they are flagged up rather than waiting a year before taking action? Presiding Officer, we already have an independent inspection system in Scotland and the neonatal unit at Wishaw general hospital was independently inspected and the inspection showed that the very high standard of care is present in the neonatal unit at Wishaw general hospital and I hope that the member will join with me in condemning the comments made yesterday in this chamber by Johann Lamont when she said that she would be best advised not to give birth to a child in Wishaw. That is a slur on the professionalism of every dedicated doctor, every dedicated midwife, every dedicated nurse, both in the neonatal unit and in the maternity unit at Wishaw general and her and John Pentland should hold their heads in shame at their attacks on the workers in the national health service. Linda Fabiani, thank you Presiding Officer. The cabinet secretary will be aware, of course, that NHS Lanarkshire has now created dedicated on-site hospital management teams. Does the cabinet secretary feel that this will contribute to improvement in patient care and indeed patient and visitor confidence in their local hospitals, in that they work for them? Will the cabinet secretary take up my invitation to visit with Hairmire's hospital to check how the new system is working in practice? The NHS Lanarkshire review highlighted the need to reform the management system within NHS Lanarkshire and I think that the new system that has been introduced will be much more effective in dealing with issues that need to be dealt with and the challenges in serving the people of Lanarkshire. It is early days yet but in the three hospitals we now have a tripartite site management team, with a site director, a head nurse who is effectively like the matron used to be in older days and with a senior clinician in each of the three acute sites. I am more than happy to visit with Linda Fabiani to hear Hairmire's. I have already visited Monklands twice. I had the pleasure of cutting the sod on the £22 million new Lanarkshire Beats and Centre last week. I note that no member of the Opposition, other than the Conservative Margaret Mitchell, no other Opposition party welcomed that £22 million investment in NHS Lanarkshire. To ask the Scottish Government whether it considers that the number of missed bin collections over the last two years is evidence of the failure of its concordat with local Government. No, we do not. Our concordat with local government has set out the terms of the new relationship based on mutual trust and partnership. Councils have the freedom to focus on local concerns whilst contributing to the achievement of better national outcomes. It is for councils to ensure that they carry out their duties effectively and efficiently, including on waste and recycling. The Accounts Commission arranges audits of councils to help to ensure that they are delivering effectively and provide best value. Alex Johnson I thank the minister for his answer, and I understand what he is trying to say. However, if we look, for example, at the recycling system, surely the complexity and diversity of the system with multi-coloured bins, people putting them out on the wrong day, bins remaining unemptied and missed collections is evidence that there is a failing in the system of recycling. Would it not have been at least one legacy of the historic concordat if the Scottish Government and local government could have worked together to end that confusion? I can advise Mr Johnson that Tory councils as few as they are missed bin collections from time to time as well. I thought that if it was not the concordat, maybe the Conservatives would have thought that it was a constitution getting in the way of missed bin collections. However, in reality, we have hit record levels of recycling. We are meeting the zero-waste strategy targets. Recycling rates are up. Put it into perspective. The bins continue to be collected. All the more reason is because of the fantastic financial package and protection that Scottish local authorities get from this Government, which is quite different from south of the border, where they have got the worst of all, where those council tax rises, reductions in services and reductions in supply. The concordat continues.