Christine Grahame

10 Dec 2002 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-30691 by Dr Richard Simpson on 8 November 2002, what consideration it has given, in drafting amendments to the Extradition Bill in respect of the European arrest warrant, to the decision of the English High Court of Justice in R ex parte Ramda v Secr…

Answer · Hugh Henry: Clause 21 of the bill makes it clear that before the sheriff can make a decision ordering the person's extradition, he must be satisfied that the extradition would be compatible the person's Convention rights, including the article 6 right to a fair trial.

10 Dec 2002 · Written Question

To ask the Scottish Executive what information it has received about the procedure by which a publisher in Scotland would be able to seek to contest an order made under clause 59(3) or 69(3) of the Criminal Justice Bill on the grounds of too great a restriction on reporting.

Answer · Hugh Henry: The legislation does not specify who may make an application contesting the extent of the restriction and so it will be open to the media as well as a party to the case to submit an application to the court.

6 Dec 2002 · Written Question

To ask the Scottish Executive what representations it has received concerning the protection afforded by the 110-day rule, or its equivalent, for suspects arrested under a European arrest warrant.

Answer · Jim Wallace: Whilst some members have raised in questions and debate the issue of the 110-day rule for suspects arrested under the European arrest warrant, no specific representations have been received on this issue.

6 Dec 2002 · Written Question

To ask the Scottish Executive what representations it has had concerning the protection of the human rights of suspects arrested under a European arrest warrant.

Answer · Hugh Henry: No such representations have been received.

6 Dec 2002 · Written Question

To ask the Scottish Executive what information it has concerning the application of minimum procedural standards throughout the European Union in relation to the European arrest warrant in order to inform its own practice.

Answer · Jim Wallace: None. We understand that the European Commission is undertaking a review of procedural safeguards for suspects and defendants in criminal proceedings, that the review is continuing, and that it is the intention of the Commission to issue a green paper on the …

6 Dec 2002 · Written Question

To ask the Scottish Executive whether any representations have been made to it on the European Union Council Framework Decision 2002/584/JHA on the European arrest warrant and, if so, what representations it has received and from whom.

Answer · Jim Wallace: No such representations have been received. I refer the member to the answer given to question S1W-32404 today. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at: <A HREF="h…

6 Dec 2002 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-30691 by Dr Richard Simpson on 8 November 2002, what legal advice it received, in preparing amendments to the Extradition Bill, with regard to the removal of the requirement in Scots law of corroboration of the identity of the accused for the impleme…

Answer · Jim Wallace: Legal advice was obtained as appropriate to ensure that the bill made it clear that, in line with the rest of the United Kingdom, corroboration was not required in Scotland.

6 Dec 2002 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-30691 by Dr Richard Simpson on 8 November 2002, whether, in drafting amendments to the Extradition Bill, its officials played a role in drafting clauses 7(6), 76(2), 83(7) and 85(7) and, if so, what specific work they carried out on these clauses.

Answer · Hugh Henry: Executive officials considered the provisions in clauses 7, 76, 83 and 85 for England and Wales and, given that the bill provides for a legislative framework which should, so far as is possible, provide consistent law throughout the UK, instructed provisions …

6 Dec 2002 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-30691 by Dr Richard Simpson on 8 November 2002, whether, in drafting amendments to the Extradition Bill, it sought to postpone bringing into force the clauses of the bill relating to implementation of the European arrest warrant until common standard…

Answer · Hugh Henry: The question of postponing the bringing into force of any part of the Extradition Bill for any reason is a policy issue for the UK Government given that the bill relates to a reserved matter.

6 Dec 2002 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-30691 by Dr Richard Simpson on 8 November 2002, what steps it has taken, in drafting amendments to the Extradition Bill, to ensure protections equivalent to the 110-day rule or the English writ of habeas corpus in trials of persons arrested using the…

Answer · Hugh Henry: None. I would refer the member to the provisions of the Council of the European Union Framework Decision on the European arrest warrant (EAW) about time limits and procedures for the execution of the EAW which are being implemented by means of the Extradition…

6 Dec 2002 · Written Question

To ask the Scottish Executive whether it will seek legal advice on the European Union Council Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between member states with regard to its implementation in Scots law and the powers it has with regard to the implementation of the …

Answer · Jim Wallace: I refer the member to the answer given to question S1W-32395 on 9 January 2003. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at <A HREF="http://www.scottish.parliament.uk/…

6 Dec 2002 · Written Question

To ask the Scottish Executive what legal advice it has received on the European Union Council Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between member states with regard to its implementation in Scots law and the powers it has with regard to the implementation of the …

Answer · Jim Wallace: We have been advised that the subject matter of the framework decision is reserved. Its implementation is therefore a matter entirely for the UK Government.<P>I refer the member to the answer given to question S1W-32291 on 16 December 2002. All answers to wri…

27 Nov 2002 · Written Question

To ask the Scottish Executive what action it has taken to publicise to members of the public their rights under the European Convention on Human Rights.

Answer · Jim Wallace: The Scottish Office produced guidance for members of the public on their rights under the European Convention on Human Rights in 1999. However, we announced in June this year that we would be taking forward a package of awareness-raising activities over the n…

26 Nov 2002 · Written Question

To ask the Scottish Executive what advice, legal or otherwise, it seeks before seeking the agreement of the Scottish Parliament, through a Sewel motion, to the UK Parliament legislating for Scotland.

Answer · Patricia Ferguson: The Scottish Executive determines, in all the circumstances of the case, whether it is appropriate to seek the agreement of the Scottish Parliament by means of a Sewel motion to the UK Parliament legislating for Scotland on devolved matters.

26 Nov 2002 · Written Question

To ask the Scottish Executive what consideration it gives to Schedule 5 to the Scotland Act 1998 before seeking the agreement of the Scottish Parliament, through a Sewel motion, to the UK Parliament legislating for Scotland.

Answer · Patricia Ferguson: The Scottish Executive will always consider Schedule 5 to the Scotland Act 1998 in order to determine whether provisions in a Westminster Bill require the consent of the Scottish Parliament by means of a Sewel motion.

22 Nov 2002 · Written Question

To ask the Scottish Executive what information it has on when the Machinery of Government Secretariat is expected to report on the review of the system of import controls and the role of the responsible agencies.

Answer · Ross Finnie: The Machinery of Government Secretariat reported on 6 November 2002. The main recommendation is to transfer the responsibility for detecting smuggled meat from local authorities to HM Customs and Excise.

22 Nov 2002 · Written Question

To ask the Scottish Executive when the Veterinary Laboratory Agency is expected to report on its detailed risk assessment as referred to in the debate on its response to the foot-and-mouth disease inquiries on 21 November 2002 (Official Report, c 15674).

Answer · Ross Finnie: It is hoped that this report will be available before Christmas.

22 Nov 2002 · Written Question

To ask the Scottish Executive what the enhanced checks and controls are that have been put in place as referred to in the debate on its response to the foot-and-mouth disease inquiries on 21 November 2002 (Official Report, c 15674).

Answer · Ross Finnie: The following enhanced checks and controls have been introduced:<UL><LI>a pig swill ban;</LI><LI>the power of local authority staff to seize meat has been increased;</LI><LI>better intelligence gathering and dissemination;</LI><LI>sniffer dog trial at Heathro…

22 Nov 2002 · Written Question

To ask the Scottish Executive how many additional staff have been recruited to police controls as referred to in the debate on its response to the foot-and-mouth disease inquiries on 21 November 2002 (Official Report, c 15674) of the meeting of the Parliament.

Answer · Ross Finnie: An additional £1.5 million has been made available this financial year for additional checks on imports with an additional 18 staff to be recruited for enforcement purposes.

22 Nov 2002 · Written Question

To ask the Scottish Executive whether the Minister for the Environment and Rural Development has had any role or input, in relation to the Executive's responsibilities, into proposals contained in the House of Commons Environment, Food and Rural Affairs Committee Seventh Report of Session 2001-02, Illegal Meat Imports…

Answer · Ross Finnie: No Scottish Executive minister had any role or input into the proposals by the House of Commons Environment, Food and Rural Affairs Committee report into <I>Illegal Meat Imports</I>.

22 Nov 2002 · Written Question

To ask the Scottish Executive whether it has had any discussions on any measures towards establishing a single agency approach to deal with any future animal disease epidemic, as referred to in the House of Commons Environment, Food and Rural Affairs Committee Seventh Report of Session 2001-02, Illegal Meat Imports, a…

Answer · Ross Finnie: The Scottish Executive was fully involved in the study undertaken by the Machinery of Government Secretariat of the Cabinet Office which examined the existing arrangement, administering the importation of legal and smuggled meat. Its report concluded that the…

22 Nov 2002 · Written Question

To ask the Scottish Executive what research is being carried out, or has been instructed, into technologies to assist in the detection of illegal meat imports.

Answer · Ross Finnie: Research has been conducted into the use of x-ray machines for both passengers and freight. A trial was carried out at Southampton and further trials are planned at Southampton and Felixstowe.

22 Nov 2002 · Written Question

To ask the Scottish Executive whether amnesty bins to encourage the surrender of unintended illegal personal imports of meat have been introduced; if so, where they are located and how many there are.

Answer · Ross Finnie: There have been discussions with HM Customs and Excise on the use of amnesty bins but they have not been introduced. Where passengers wish to surrender unintended illegal personal imports of meat and other animal products, they can present them to customs off…

22 Nov 2002 · Written Question

To ask the Scottish Executive whether x-ray equipment has been introduced to scan containers and personal luggage to detect the presence of illegal food imports; if so, where the equipment is located and how many items of equipment there are.

Answer · Ross Finnie: Customs and Excise, in conjunction with the Ports Health Authority at Southampton, ran some containers through their commercial size x-ray equipment. Unfortunately the initial reaction from the port health officers was that this is not a promising route to id…

22 Nov 2002 · Written Question

To ask the Scottish Executive, with regard to the debate on its response to the foot-and-mouth disease inquiries (Official Report, c 15673), how many sniffer dogs are now actively engaged in the detection of illegal meat imports.

Answer · Ross Finnie: There are two dogs actively involved in the current trial at Heathrow Airport.

20 Nov 2002 · Written Question

To ask the Scottish Executive whether it has any plans to review quality contract schemes under the Transport (Scotland) Act 2001 to assess whether the complexities in the tendering process have hindered applications from local authorities.

Answer · Lewis Macdonald: I have no current plans to review quality contract schemes nor to review the guidance issued by the Executive on Part 2 (Bus Services) of the Transport (Scotland) Act 2001.

20 Nov 2002 · Written Question

To ask the Scottish Executive how many tenders for quality contract schemes under the Transport (Scotland) Act 2001 were above the utilities sector threshold and needed to be advertised in the Official Journal of the European Communities.

Answer · Lewis Macdonald: I refer the member to the answer given to question S1W-31807 today. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at <A HREF="http://www.scottish.parliament.uk/webapp/searc…

20 Nov 2002 · Written Question

To ask the Scottish Executive whether any local authority that has applied to introduce quality contract schemes under the Transport (Scotland) Act 2001 since 7 August 2002 has sought subsidies to secure the services listed within its application and, if so, how much each such authority received.

Answer · Lewis Macdonald: I refer the member to the answer given to question S1W-31807 today. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at <A HREF="http://www.scottish.parliament.uk/webapp/searc…

20 Nov 2002 · Written Question

To ask the Scottish Executive how many local authorities have (a) applied and (b) been granted permission to introduce quality contract schemes under the Transport (Scotland) Act 2001 since 7 August 2002.

Answer · Lewis Macdonald: None.

15 Nov 2002 · Written Question

To ask the Scottish Executive, with reference to the Deputy First Minister and Minister for Justice's letter to me of 7 November 2002 regarding preliminary investigations into the proposal for a new criminal offence of "grooming" to cover adult behaviour towards a child for the purpose of facilitating sexual contact, …

Answer · Jim Wallace: We are considering whether to strengthen the law in this area and in particular whether we need a specific offence of grooming. We will include other vulnerable groups in this consideration.