 We have General Questions Question 1, Alison McAneth. To ask the Scottish Government under what circumstances it considers it appropriate for a guardianship order to be granted. Mr Paul wheelhouse. The adult within capacity Scotland Act 2000 put in place a range of measures to make provision for the personal welfare and or financial affairs of adults who are incapable by reason of mental disorder or inability to communicate of managing their own affairs. An application for a guardianship order can be made to the chef court by an individual or by the local authority where no one else is applying and the adult has been assessed as requiring a guardian. The need for guardianship has to be demonstrated by the applicant and is governed by the ground set out in the 2000 act. Arrangements for making applications are set out in sections 57 and 58 of the 2000 act. It is for the chef to determine whether and in what circumstances a guardianship order should be granted. Guardianship orders can cover financial matters and or welfare matters in orders like to be suitable where a person of 16 years or over lacks capacity or has never had capacity to take decisions or actions on these matters for him or herself. It allows another person with an interest in the adult, such as a family member, to have authority to act and make decisions on their behalf. The Minister for that reply. Monitoring by the Mental Welfare Commission has revealed that the number of successful new applications has risen by 58 per cent since 2008-9 and orders are increasingly being used for adults with learning disabilities. Campaigners such as People First are concerned that some people with learning disabilities are having control over their life removed when it would be more appropriate to support them to make the decisions that they are capable of. Given that it is 15 years since the Adults Within Capacity Act was passed, does the Government believe that it would be appropriate to review the law and practice on guardianship orders to ensure that their use is consistent, justified and that individual autonomy is being upheld as called for by Scotland's national action plan for human rights? I recognise the point that Alison McInnes has made about learning disabilities. I would put on record that the provisions of the act apply to those who have lost capacity to make their own decisions or have never had the capacity, as I said in my opening answer. There is no strict list of categories of people to whom it applies, but legislation recognises that decision making is not on all or nothing and that capacity may fluctuate. Adults who have some form of learning disability may, of course, be able to take and make some decisions for themselves and should be supported in doing so where that is possible. The requirements of each individual will vary and where guardianship is appropriate, the order can be tailored to the needs of that individual. I am happy to discuss with Alison McInnes if she has any specific ideas around this issue because I am conscious that it is something that is increasingly important in the modern era and that it has certainly been encouraged people to look at the matters very closely to see what is suitable for their relative and make sure that the appropriate arrangements are in place. I am happy to meet Alison to discuss that. To ask the Scottish Government when the various phases of the Transport Scotland rate junction improvement works are due for completion. Cabinet Secretary Keith Brown. The improvement works at Wraith interchange have been taken forward as part of the M8, M73 and M74 motorway improvements NPD contract. The overall construction work on the contract remains on course for completion as planned in spring 2017. I am disappointed that the cabinet secretary is not able to give more specific dates for the various completions. However, is he aware that residents living close to the proximity of this construction site expected disruption and therefore negotiated a generous working part in beginning 6.30 in the morning and ending at 11pm at night? That has been breached on one occasion, resulting in sleepless nights for these residents. The residents have now been told that, from 24 March, 24-7 working is due to recommence with the pounding of heavy machinery, intrusive floodlights and all that entails. Does the cabinet secretary think that this is reasonable and, if not, can he intervene? First of all, I am not sure why Margaret Mitchell should be disappointed about the answer that I gave. I have said that the project is due to be completed in spring 2017. There is no phasing. There was no timetable by which different phases would be completed in relation to this contract, as has sometimes been the case in other contracts. That has not changed. If it is the case, as Margaret Mitchell said, that there has been an agreement, and that agreement has been breached, I would be concerned about that. I would be happy to look into that. If the member wants to write to me with more detailed information, I would undertake to look into that on her behalf. To ask the Scottish Government when it last met Glasgow City Council to discuss how it is taking forward the childcare commitment for eligible two-year-olds and all three and four-year-olds. The Scottish Government officials and Glasgow City Council officials met on 29 January 2015 to discuss how Glasgow City Council is implementing the early learning and childcare commitment for all eligible children in their area. There has been on-going correspondence since this meeting also. In addition, the First Minister met fair funding for our kids on 9 January 2015 and has written to them this week in relation to their three suggestions. I thank the cabinet secretary for that answer following a number of meetings that I have had with fair funding for our kids. I have made a number of representations to Glasgow City Council over the need to develop more full-time nursery places, additional full-day provision and extended partnership nursery provision in order to make sure that every child's right to childcare is practical and accessible as possible. Can I ask the Scottish Government how it would seek to work with Glasgow City Council in this area and, more significantly, to monitor real progress that has been made to make sure that places are available at the right time so that parents that I represent can access to provision that they have been promised? Thank you, Mr Doris, for his question. The Scottish Government will be more than happy to work with all local authorities, including Glasgow City Council, on how we can work together to build our shared ambition for high-quality childcare, flexible childcare and the plans that we all have to expand on childcare provision. That is an on-going dialogue with all our partners in local government, and I assure Mr Doris and others that we are happy to take that forward. Given the evidence that across Scotland thousands of three and four-year-olds are missing out in their three childcare place, will the cabinet secretary commit to an urgent review to identify the full extent of the problem and could include an accurate take-up rate? Does she agree that this crucial national policy requires national oversight to ensure that every single child receives the free childcare that they are entitled to? I think that Ms Hilton overstates her case. We know that the take-up rate of statutory early learning in childcare is very high in Scotland. In fact, it is near universal levels. That does not mean that there is not some local variation, and it most certainly does not mean that there are not families out there with particular needs who are not able to access what is needed for their family. As I indicated in my reply to Mr Doris, the Government and the First Minister have responded to the fair funding for our kids campaign positively to the three suggestions that they made. We welcome those three suggestions, and as I indicated to Mr Doris that we are more than happy to work with our partners in local government, for example, on how we can develop reciprocal arrangements between local authorities. The First Minister has also written to the chief statistician to see how we can improve data collection and sensible use of data at that. We will also consider the issue of independent oversight. To ask the Scottish Government what progress it is making towards addressing payday lending and gambling in town centres and neighbourhoods. The Scottish Government has implemented the majority of its action plan with other elements on going to tackle the spread of payday loan companies selling high-entry short-term debt. For example, we have ended business-racially fellage ability for the small business bonus for payday lending properties, launched Scotland's financial health service web portal and amended Scottish planning policy. However, specific controls are needed to address concerns about indebtedness and problem gambling. The Smith commission recommendations and the UK Government's response in this regard fall short of what is needed. The Scottish Government's first priority therefore must be to press the UK Government on these matters, as this is by far the most effective way of dealing with those problems. I thank the cabinet secretary for his reply, but even as SNP were participating in the Smith process, they remain very clear about their intentions to act in the clustering of payday lenders on our high streets with the powers at the disposal of this Parliament. Why has the Smith agreement now been used as an excuse to delay action on the proliferation of payday lenders, which the Scottish Government promised to take in its action plan? I tell the member that we have taken action on the Scottish planning policy, which will deal with clustering, and that has already been announced. The issue that has arisen is whether there would be any effective use that could be made of user classification orders. Our position is very clear. If we get, which we are demanding, the powers that were promised in the Smith report, then clearly they are going to be much more effective in dealing with payday lenders. If we do not get the powers that are the most effective, then we will introduce measures to use the use COs. However, as the recent consultation pointed out, in no uncertain terms, that is of limited impact and certainly has nothing like the impact that could be made if we were given the powers that were promised in the Smith report. Does the cabinet secretary agree with me that the most effective way of dealing with the issue of problem gambling on our high streets, particularly regarding the issue of the fixed odds betting terminals, is to reduce the stake from £100 down to £2 per spin, which, unfortunately, is a power that the Scottish Government does not currently have? I know that the issue has been applied elsewhere or is under consideration in other parts of the United Kingdom, and it is certainly something that had me the powers that we have been looking at, because clearly problem gambling is a major blight in our society. To ask the Scottish Government what plans it has to publish further details of its attainment fund. Having identified the first seven local authorities to participate in the £100 million attainment Scotland fund, we are now moving into an intense planning phase, working closely with relevant education stakeholders and the participating authorities to develop detailed improvement plans for their particular context. As part of this work, we will identify the necessary resources required and work out allocations on the basis of need, and I will provide further information once those discussions have concluded. Our Parliament should be in no doubt that Labour believes that this is the key challenge for our schools and we do support the attainment fund, but with eight years to prepare for this and £100 million to spend, does the cabinet secretary not think that it would have been reasonable to have had in place a strategic plan based on the professional expertise of our teachers, educational best practice and indeed the aspirations and ambitions of parents? Is not she rather making this up as she goes along? Well, I think it is Mr Gray who is playing catch-up here, and I think it is Mr Gray and the Labour Party who quite clearly are emulating the Scottish Government's plans for education. If you look at, for example, Jim Murphy's press release at the end of February, it is quite clear that he backs our plans for an attainment fund, it is quite clear that he backs our plans for improving reporting and making progress on closing the attainment gap and that Labour also backs our plans for enshining and law the chief education officer role. I think that it is Labour who is playing catch-up, Presiding Officer, and I am very glad that they are emulating our plans. Question 6, Graham Dey. To ask the Scottish Government whether it has responded to the EU consultation on the impact of the use of endocrine disruptors in farming. Cabinet Secretary, Richard Lochhead. The defer reply to the recent European consultation reflected views from across the UK. The response highlights the need to protect human health and the environment through a process which is proportionate and would take account of the nature of what is referred to as endocrine disruptor. European pesticide legislation has added an extra tier of assessment on the basis of hazard, as well as the risk factors that pesticides pose. So, while it is vital that pesticides continue to be properly assessed and they should only be used to do not present a risk to human and animal health or the environment, any assessment needs to be proportionate and evidence-based. Graham Dey. There is undoubtedly a reason to limit the use of endocrine disruptors, but responsible soft fruit growers in my constituency are already only using these as a last resort and confining usage to within polytunnel environments. Will the cabinet secretary, whatever case he is making on the issue, highlight this alongside the predicted impact and crop yield, which, depending on whichever scenario is being consulted upon as it is implemented, would, according to the Agriculture Horticultural Development Board, result in the loss of endocrine. That is ranging from 40 per cent all the way up to 89 per cent. Cabinet Secretary. I certainly recognise very serious concerns being expressed by Scotland's very valuable soft fruit sector. I should say that the Scottish Government is meeting with our Farmers Union and the Agricultural Industries Confederation and the Co-Protection Association in April to discuss many of these concerns and the issues that are being posed to Scotland. I should also say that the Government has also asked experts in the science and advice of the Scottish Agricultural Agency, known as Sassar, and also experts in the rural college to identify what the potential risks are for Scottish crops and what the alternatives might be that could be used by our farmers. So I do very much recognise that this is an important debate and put of ramifications for Scottish crop production. Question 7, David Stewart. The Scottish Government, what appraisal has made of the economic impact in the Highlands and Islands of the oil and gas sector? Minister, Fergus Ewing. Minister, Highlands and Islands Enterprise account managed 100 oil and gas companies and invested around £10 million in 2014 in 23 companies active in oil and gas, levering in a further £58 million in the private sector with the potential to create 1,400 new jobs and an estimated increase in turnover totaling £216 million across the region. I also co-chair the Energy North oil and gas task force that brings together industry in the public sector to maximise opportunities for oil and gas companies in the Highlands and Islands. David Stewart. Does the minister share my view that the Irish fabrication yard, with its skilled staff, its deep water and land to develop, could be the ideal location for the newly announced Wave Energy Scotland posts and a facility to carry out future oil rig decommissioning? First of all, I think that it should be understood that the most important thing is to avoid the premature cessation of production in our oil and gas fields. That is a primary responsibility because premature cessation of production means an end of the jobs and business that flow from oil and gas developments and also an end to the tax revenue, the hundreds of billions of pounds that flow therefrom. However, Mr Stewart is absolutely right that decommissioning presents an opportunity and I suspect that, like himself, I visited the Irish yard, worked closely with John Robertson and BiFab and certainly I would expect that that company will wish to play a part in the decommissioning opportunity. As far as the second part of his question is concerned of Wave Energy Scotland, I am proud that the Scottish Government has announced funding of £14.3 million, the largest ever in marine energy, and I think that the benefits of that investment will be felt across the Highlands and Islands in Orkney, in Inverness, where the core staff will be based and also in the Western Isles. I am very happy to continue to work with the member on all these matters. Rob Gibson To ask the Scottish Government how much private and public land in Scotland was registered on the national map-based register of land ownership by December 2014 and how much it envisages being registered in the next five years. At December 2014, just over 58 per cent of titles and 27 per cent of land had entered the land register. Information whether owners are public, private or third sector bodies is not recorded. Ministers have invited the keeper to complete the register over the next 10 years and to register all public land over the next five. Rob Gibson Thank you for the answer. Only 24 per cent of the land holdings in Ross and Cromarty have been mapped in the register, as I understand last year. Progress painfully slow. What resources can be made available to speed this process up to achieve the targets that the minister has mentioned? Particularly, could he comment on whether there should be higher registration fees for large estates or some means to employ more people in the registers of Scotland? Rob Gibson I have every confidence in the keeper and our staff as having the capacity and the professional skills sufficient to meet the task with which they have been charged by the Scottish Government to complete the land register over the next decade and register all public land over the next five. We have adopted the carrot rather than the stick approach by offering incentives or potential incentives for voluntary registration. That is being considered. We also work with all parties, public bodies and landowners to encourage landowners to make voluntary registration of their holdings and also we will be requiring public bodies to register the land. That is something that they will be doing. That ends General Questions. Before we move to the next side of business, members will wish to join me in welcoming to the gallery His Excellency the right hon. Walter Lockwood Smith, the High Commissioner of New Zealand.