Parliamentary questions

Linda Fabiani

2,507 questions tabled in the Scottish Parliament, most recent first.

9 Feb 2005 · Written Question

To ask the Scottish Executive what legal authority is required for the use of physical restraints such as handcuffs.

Answer · Cathy Jamieson: Physical restraint may be usedby a range of agencies including the police, prison and prisoner escort services,certain social care and mental health services, the UK Immigration Service; HM Customsand Excise and the military. The legal authority underpinning …

9 Feb 2005 · Written Question

To ask the Scottish Executive who has responsibility for investigating and prosecuting any acts in Dungavel House immigration removal centre which may constitute a breach of Scots criminal law.

Answer · Elish Angiolini: The Lord Advocate and procuratorsfiscal on his behalf have responsibility for the investigation and prosecutionof crime in Scotland, wherever it occurs. In practice, the initialinvestigation of crimes is conducted by the police, who are subject to thedirectio…

9 Feb 2005 · Written Question

To ask the Scottish Executive whether the use of physical restraints on an individual undergoing medical treatment would be a breach of article 3 of the European Convention on Human Rights.

Answer · Hugh Henry: Article 3 contains no explicit prohibition on use of restraints in specific circumstances. Any claim that an individual’s rights under article 3 have been breached would be for a court to determine in the circumstances of that particular case.

9 Feb 2005 · Written Question

To ask the Scottish Executive whether it has a duty to ensure that Convention rights are protected for individuals in Scotland who are not regarded as being ordinarily resident in Scotland.

Answer · Hugh Henry: The obligation placed on the Scottish Executive and other public bodies to comply with Convention rights in areas for which they responsible applies to everyone in Scotland regardless of their nationality or residence. The obligation placed on the Scottish Ex…

9 Feb 2005 · Written Question

To ask the Scottish Executive whether it could be liable for any breach of Convention rights by a public body.

Answer · Hugh Henry: All public bodies are bound to comply with the European Convention on Human Rights under the terms of the Human Rights Act 1998. Public bodies are responsible for ensuring their own compliance with the act, and the Scottish Executive would itself not be liabl…

9 Feb 2005 · Written Question

To ask the Scottish Executive what steps it has taken to ensure compliance with Convention rights by public bodies.

Answer · Hugh Henry: The Scottish Executive distributed a considerable amount of guidance to public bodies in advance of the Human Rights Act 1998 coming into force in October 2000. Scottish Executive Departments wrote to public bodies in early 2000 to make sure public bodies wer…

8 Feb 2005 · Written Question

To ask the Scottish Executive, further to the answer to question S2W-12671 by Mr Tom McCabe on 13 December 2004 and the supplementary question to S2O-5214 by Mr Andy Kerr on 3 February 2005 (Official Report, c 14265), whether the internal rate of return in health projects under PFI/PPP would fall into the 13% to 16% r…

Answer · Andy Kerr: Equity internal rates of return (IRRs) vary across the PPP sector, including health, with an indicative range across the UK of 13% to 16%.Profit streams from NHS PPP contracts relating to private sector contractors are commercially sensitive. It is the…

8 Feb 2005 · Written Question

To ask the Scottish Executive, further to the answer to the supplementary question to S2O-5214 by Mr Andy Kerr on 3 February 2005 (Official Report, c 14265), whether it considers that additional capacity in the NHS can only be provided through PFI/PPP.

Answer · Andy Kerr: No. PFI/PPP is one method of infrastructure investment in a “mixed economy” approach pursued by the Scottish Executive. The proportion of the total infrastructure investment delivered through PPP will vary annually dependant on the types of projects being bro…

8 Feb 2005 · Written Question

To ask the Scottish Executive, further to the answer to the supplementary question to S2O-5214 by Mr Andy Kerr on 3 February 2005 (Official Report, c 14265), whether it will provide a more specific and substantive answer to the supplementary question regarding the effect of fixed payment PFI/PPP projects on NHS budget…

Answer · Andy Kerr: In 2004-05, the estimated unitary payments for signed NHSScotland PFI contracts is £100.184 million. This represents 1.26% of forecast revenue expenditure for NHS boards.The total costs under the PFI/PPP contract reflect not just the cost of constructi…

8 Feb 2005 · Written Question

To ask the Scottish Executive, further to the answer to the supplementary question to S2O-5214 by Mr Andy Kerr on 3 February 2005 (Official Report, c 14265), how it determined that the three hospitals in the answer would not have been built under the policies of the Scottish National Party.

Answer · Andy Kerr: Under the Scottish National Party’s proposal to set up a Scottish Trust for Public Investment (STPI), borrowing would cost more than claimed, unless guaranteed by the Scottish Executive/Treasury in which case would require investments to be controlled within …

8 Feb 2005 · Written Question

To ask the Scottish Executive, further to the answer to the supplementary question to S2O-5214 by Mr Andy Kerr on 3 February 2005 (Official Report, c 14265), whether additional capacity at Hairmyres Hospital, Wishaw General Hospital and Edinburgh Royal Infirmary was provided by the use of PFI/PPP.

Answer · Andy Kerr: The level and mix of services at any new health facility are determined by NHS managers and clinicians before and independent of a decision being taken on whether it should be built using public capital or private finance. The capacity of hospital services is…

8 Feb 2005 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-29389 by Ms Margaret Curran on 1 October 2002, whether neighbourhood wardens have had an impact on poverty.

Answer · Hugh Henry: Scottish Executive funding has enabled councils and their partners to setup community warden schemes throughout Scotland which are now helping to deal with many of the problems faced by deprived neighbourhoods. The impact of these schemes is being assessed th…

8 Feb 2005 · Written Question

To ask the Scottish Executive, further to the answer to question S2W-4454 by Mrs Mary Mulligan on 15 December 2003, whether it received responses from the companies concerned regarding the rise in disconnections and, if so, what those responses were.

Answer · Malcolm Chisholm: Officials met with the companiesconcerned in January and February 2004 and were given reassurances that steps hadbeen taken to ensure that the number of disconnections would not continue to rise.In my recent meetings with fuelsupply companies, I have b…

8 Feb 2005 · Written Question

To ask the Scottish Executive, further to the answer to question S2W-6390 by Ms Margaret Curran on 24 March 2004, by what date it expects child poverty to be eradicated.

Answer · Malcolm Chisholm: The Scottish Executive shares the UK Government’s commitment to eradicate child poverty by 2020.

8 Feb 2005 · Written Question

To ask the Scottish Executive when it will produce an analysis of the non-profit-distributing models pilots to replace PPP and PFI.

Answer · Tom McCabe: The non-profit distributing organisation (NPDO) model is being piloted as an alternative option to the standard PPP approach and was not designed to replace the standard PPP approach.The pilot has already been successful in attracting competitive bids,…

8 Feb 2005 · Written Question

To ask the Scottish Executive whether PPP and PFI have encouraged the use of construction management as a procurement method.

Answer · Tom McCabe: No. PPP, including use of private finance, uses robust forms of procurement process, contractual arrangements, specification, and firmness of price.

8 Feb 2005 · Written Question

To ask the Scottish Executive what research it is currently carrying out into value for money issues around the involvement of private finance in public procurement projects.

Answer · Tom McCabe: HM Treasury issued new guidance for Value for Money assessment in Public Private Partnerships in August 2004. The Executive’s Financial Partnerships Unit is currently adapting it for application in Scotland, in consultation with public sector clients, Audit S…

8 Feb 2005 · Written Question

To ask the Scottish Executive what the current (a) book and (b) market value is of its share in Partnerships UK.

Answer · Tom McCabe: The Scottish Executive shares in Partnerships UK (PUK) are held in a share category established specifically for a holding by ministers and not for open market trading. Financial information on PUK is available from Companies House at <a href="http://www.comp…

7 Feb 2005 · Written Question

To ask the Scottish Executive under what circumstances it would consider that restraint of any asylum seeker should be investigated to ascertain whether an offence had been committed, where an asylum seeker was restrained (a) inside and (b) outwith Dungavel House immigration removal centre.

Answer · Elish Angiolini: Where an allegation of a crime is made to the police, it ought to be investigated, wherever the incident occurred. Whether an action amounts to a crime depends on the facts and circumstances of the individual case.

4 Feb 2005 · Written Question

To ask the Scottish Executive how many householders have received home loss payments in each local authority area in each year since 1999.

Answer · Malcolm Chisholm: This information is not heldcentrally. It is likely to be available from authorities with compulsory purchasepowers, individual local authorities and registered housing associations.

4 Feb 2005 · Written Question

To ask the Scottish Executive when a review of the home loss payments established under the Land Compensation (Scotland) Act 1973 last took place and when the next review will take place.

Answer · Malcolm Chisholm: Levels of Home Loss Payment were last reviewed in 1991. Ministers will take a view on any possible review in due course.

2 Feb 2005 · Written Question

To ask the Scottish Executive what improvements have been made to the Executive's operation by its Changing to Deliver Division.

Answer · Tom McCabe: Changing to Deliver Division was set up in late 2002 to take forward the Scottish Executive’s Changing to Deliver cultural change and reform programme. Changing to Deliver was launched as a two-year programme of centrally managed activities and project…

2 Feb 2005 · Written Question

To ask the Scottish Executive how many policy analysts it employs.

Answer · Tom McCabe: At 1 February 2005, withinScottish Executive core departments, there were 292 (282.4 full-timeequivalent) permanent administrative staff at the C1 (Branch Head) grade. Theterm “policy analyst” is a descriptive which has been used for posts at thislevel althou…

2 Feb 2005 · Written Question

To ask the Scottish Executive what improvements have been made to the Executive's operation by its Performance and Innovation Unit

Answer · Tom McCabe: The Performance and InnovationUnit has principally been involved in development of the longer term and radicalelements of the Efficient Government plan Building a Better Scotland: Efficient Government – securing Efficiency, Effectiveness and …

2 Feb 2005 · Written Question

To ask the Scottish Executive how many times Bute House has been used since 1999 for functions or events other than those related solely to its use as the official residence of the First Minister.

Answer · Margaret Curran: There have been 134 ministerial functions held in Bute House since 1999. Private functions held in Bute House are arranged, and the costs met, by the First Minister. Records are not kept of private events held in Bute House.