Christine Grahame

15 May 2002 · Written Question

To ask the Scottish Executive whether the Crown Office and Procurator Fiscal Service have any policy in regard to the citing of police officers to give evidence at trials, and, if so, whether any such policy will be placed in the Scottish Parliament Information Centre.

Answer · Elish Angiolini: It is, by statute, one of the duties of a police officer to attend any court of law for the purpose of giving evidence. Procurators Fiscal have been instructed in the following terms: "Procurators Fiscal should take steps to ensure that no more witnesses…

15 May 2002 · Written Question

To ask the Scottish Executive what steps it is taking to reduce the number of police abstractions from duty for court appearances.

Answer · Jim Wallace: Legislation (for example, the Criminal Procedure (Intermediate Diets) (Scotland) Act 1998) to enhance the use and effectiveness of intermediate diets and to reduce the need to lead oral evidence at trial have led to a reduction in such abstractions. A study i…

15 May 2002 · Written Question

To ask the Scottish Executive whether it has estimated the costs to it and local government of adjournments of a criminal trial on the date of the trial, including the costs associated with the abstraction from their duties of social workers, fire officers, NHS employees, police officers and civilians.

Answer · Jim Wallace: We have not attempted to quantify the costs in this manner, as appropriate data is not centrally available. However, we are aware of the disruption and inconvenience caused by adjournments to criminal trials and are keen to see them reduced. We did in fact co…

15 May 2002 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-22603 by Mr Jim Wallace on 14 February 2002, how many adjournments of a criminal trial on the date of trial were granted on the motion of the procurator fiscal or advocate depute in each of the last four years.

Answer · Colin Boyd: This information is not available.

15 May 2002 · Written Question

To ask the Scottish Executive whether it will list the types of costs the Crown Office and Procurator Fiscal Service incur in the event of the adjournment of a trial (a) in advance and (b) on the date of the trial.

Answer · Elish Angiolini: The adjournment of a trial on the date of the trial usually involves the payment of expenses to witnesses who have been inconvenienced. The adjournment of a trial at any time means that staff time in preparing for the trial (including administrative staff tim…

15 May 2002 · Written Question

To ask the Scottish Executive what the reason is for the decline in the number and proportion of cases reported to the Crown Office and Procurator Fiscal Service being sent to the district court since 1997-98.

Answer · Elish Angiolini: The reduction in business in the district court is a consequence of the reduction in the overall number of cases reported to the procurator fiscal, the availability of fiscal fines and other alternatives to prosecution and the shift in the balance of business…

15 May 2002 · Written Question

To ask the Scottish Executive whether the Crown Office and Procurator Fiscal Service set criteria to indicate which cases should be sent to the district court and which are eligible for an alternative to prosecution and whether any such criteria will be placed in the Scottish Parliament Information Centre.

Answer · Elish Angiolini: Procurators Fiscal are instructed that cases which may be competently taken in the district court should be taken there unless there is some good reason for prosecuting in the sheriff court or the Lord Advocate directs otherwise. The Lord Advocate has directe…

15 May 2002 · Written Question

To ask the Scottish Executive how the Crown Office and Procurator Fiscal Service prioritise cases; whether there is any guidance to staff of these offices on how to prioritise cases, and whether any such guidance will be placed in the Scottish Parliament Information Centre.

Answer · Elish Angiolini: The training received and written guidance held by procurators fiscal identifies particular classes of case as generally requiring priority. These include, for example, cases involving children, cases in which the accused is in custody and cases in which a ti…

15 May 2002 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-25069 by Colin Boyd on 29 April 2002, whether it will list for each agency which sends reports to the procurator fiscal (a) the total number of reports sent, (b) the number of cases marked "no proceedings" as a result of delay, (c) the number of cas…

Answer · Elish Angiolini: This information is not available.

15 May 2002 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-25069 by Colin Boyd on 29 April 2002, what steps it is taking to reduce the number of cases marked "no proceedings" as a result of a time-bar under section 136 of the Criminal Procedure (Scotland) Act 1995.

Answer · Elish Angiolini: We are addressing the timeliness of reporting with the police and other reporting agencies.

15 May 2002 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-25069 by Colin Boyd on 29 April 2002, what the reason is for the rise in the number of cases marked "no proceedings" due to a time-bar under section 136 of the Criminal Procedure (Scotland) Act 1995 since 1998-99.

Answer · Elish Angiolini: This information is not held centrally. However, we are addressing the timeliness of reporting with the police and other reporting agencies.

15 May 2002 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-25069 by Colin Boyd on 29 April 2002, what steps it is taking to reduce the number of cases marked "no proceedings" as a result of delay by the procurator fiscal.

Answer · Elish Angiolini: We are implementing the recommendations of the recent management review. Additional prosecutors have been recruited and structural changes are being made to improve the management support given to prosecutors.

15 May 2002 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-25069 by Colin Boyd on 29 April 2002, what the reason is for the rise in the number of cases marked "no proceedings" as a result of delay by the procurator fiscal since 1998-99.

Answer · Elish Angiolini: The proportion of these cases is very small, having risen from 205 to 451. There are likely to be a number of factors leading to this, including the need to devote resources to serious cases and other competing pressures on the time of Procurators Fiscal.

15 May 2002 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-25069 by Colin Boyd on 29 April 2002, what steps it is taking to reduce the number of cases marked "no proceedings" as a result of delay by the police and other reporting agencies.

Answer · Elish Angiolini: We are addressing the timeliness of reporting with the police and other reporting agencies.

15 May 2002 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-25069 by Colin Boyd on 29 April 2002, what the reason is for the rise in the number of cases marked "no proceedings" as a result of delay by the police and other reporting agencies since 1998-99.

Answer · Elish Angiolini: This information is not held centrally. However, we are addressing the timeliness of reporting with the police and other reporting agencies.

15 May 2002 · Written Question

To ask the Scottish Executive when the last structural survey of the buildings at HM Prison Peterhead was commissioned given the statement in the Scottish Prison Services Estates Review that "the buildings are exhausted".

Answer · Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:<P>Full structural surveys, which are expensive, are not normally commissioned unless indications from visual inspections, settlement or oth…

15 May 2002 · Written Question

To ask the Scottish Executive what role it forsees for local land fora if the Land Reform (Scotland) Bill is enacted.

Answer · Ross Finnie: Section 24 (1) of the Land Reform (Scotland) Bill requires each local authority to establish at least one local access forum in its area. Section 24 (2) sets down the functions of these forums as being "to advise the local authority and any other person or bo…

15 May 2002 · Written Question

To ask the Scottish Executive whether it is considering providing additional funding for local authorities to establish, and assist in the operation of, local land fora.

Answer · Ross Finnie: The Land Reform (Scotland) Bill places a number of new duties on local authorities in respect of access, including the establishment of local access forums. The financial implications of these new duties are being considered as part of the current spending re…

14 May 2002 · Written Question

To ask the Scottish Executive, further to the answer to question S1O-5174 by Cathy Jamieson on 9 May 2002, whether the funds for children and young people with special educational needs for 2002-03 and 2003-04 are ring-fenced and, if they are not ring-fenced, how it will monitor the use of the funding.

Answer · Cathy Jamieson: The £20 million of Inclusion Programme funding through the proposed National Priorities Action Fund is ring-fenced within the Social Justice strand of the fund in both 2002-03 and 2003-04. The £7.8 million for in-service training in special educational needs …

14 May 2002 · Written Question

To ask the Scottish Executive, further to the answer to question S1O-5174 by Cathy Jamieson on 9 May 2002, whether it will give a breakdown of each targeted resource for children and young people with special educational needs by local authority area in (a) 2002-03 and (b) 2003-04.

Answer · Cathy Jamieson: The breakdown of the proposed National Priorities Action Fund Inclusion Programme and special educational needs (SEN) Specific Grant for in-service training by local authority area, in both 2002-03 and 2003-04, is provided in the following table:<TABLE BORDER…

9 May 2002 · Written Question

To ask the Scottish Executive what information is accessible to the public in respect of the #122,132,000 held by local authorities in Common Good Funds at 31 March 2000.

Answer · Peter Peacock: Information about the amount of monies held in Common Good Funds in Scotland is not held centrally. Any member of the public may, at certain advertised times, inspect a local authorities accounts and relating documentation including the Common Good Funds, und…

9 May 2002 · Written Question

To ask the Scottish Executive whether Common Good Funds held by local authorities are subject to statutory audit procedures.

Answer · Peter Peacock: I refer the member to the answer given to question S1W-25754.

9 May 2002 · Written Question

To ask the Scottish Executive what the most recent figures are for Common Good Funds held by local authorities.

Answer · Peter Peacock: This information is not held centrally.

9 May 2002 · Written Question

To ask the Scottish Executive what mechanisms are in place to monitor local authorities' transactions in respect of Common Good Funds.

Answer · Peter Peacock: Common Good funds are administered by local authorities and therefore fall within the audit of local authority accounts. The body responsible for securing these audits is the Accounts Commission for Scotland.

9 May 2002 · Written Question

To ask the Scottish Executive what information is available to the public about Common Good Funds.

Answer · Peter Peacock: Section 101 of the Local Government (Scotland) Act 1973 provides that, at certain advertised times, any member of the public may inspect and make copies of a local authorities accounts and related papers, including the Common Good Funds.

9 May 2002 · Written Question

To ask the Scottish Executive what rules and regulations apply to the operation of Common Good Funds held by local authorities.

Answer · Peter Peacock: Local authorities are bound by section 75, 93 and 94 of the Local Government (Scotland) Act 1973 in the operation of Common Good Funds. Particular funds may also have their own restrictions.

9 May 2002 · Written Question

To ask the Scottish Executive what consideration it has given to (a) introducing "rucksack" funding packages for children with special educational needs, which follow the child throughout his or her education, and (b) funding such packages centrally.

Answer · Cathy Jamieson: We have no plans to introduce such arrangements. <P>The majority of funding for special educational needs provision is provided to local authorities through grant-aided expenditure and is so allocated to allow authorities to deliver effective provision, which…

9 May 2002 · Written Question

To ask the Scottish Executive, with regard to the Scottish Committee of the Council on Tribunals' 16th Annual Report 2000-2001, what its position is on establishing a separate Special Educational Needs Tribunal for Scotland.

Answer · Cathy Jamieson: The Scottish Executive consulted last year <I>on Assessing our children's educational needs - The Way Forward?</I>. As a result, outline proposals for change were published on 19 February 2002. This document includes the Executive's proposals to establish an …

9 May 2002 · Written Question

To ask the Scottish Executive, with regard to the Scottish Committee of the Council on Tribunals' 16th Annual Report 2000-2001 and, in particular, to the committee's Special Report on Education Appeal Committees of June 2000, what steps have been taken in order to ensure that its main recommendations in respect of (a)…

Answer · Nicol Stephen: The Scottish Executive will conduct a review of education appeal committees, and in this context, it will consider the Scottish Committee of the Council on Tribunals' recommendations. Following that review, the Scottish Executive will consider implementation …

9 May 2002 · Written Question

To ask the Scottish Executive whether funding similar to that used for the management buyout of Viasystems, North Tyneside was made available for the management buyout of Signum Circuits, Selkirk and, if so, what (a) UK and (b) European sourced funding was provided in each case.

Answer · Iain Gray: No funding was provided by the Scottish Executive in support of the management buyout of Signum Circuits Ltd. However, £450,000 in Regional Selective Assistance was paid to Signum Circuits Ltd by the Scottish Executive, prior to the company's receivership.