Parliamentary questions

Roseanna Cunningham

965 questions tabled in the Scottish Parliament, most recent first.

12 May 2003 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-26602 by Mrs Elish Angiolini on 30 July 2002, how many (a) reports have been sent to the procurator fiscal and (b) convictions have been obtained under sections (i) 68(1), (ii) 68(2), (iii) 68(3), (iv) 68(5), (v) 69(1), (vi) 69(2) and (vii) 70(1) of …

Answer · Elish Angiolini: The information requested, for the period 2002-03, is as follows:Records indicate that no reports were sent to the procurator fiscal in respect of sections 68(5) or 70(1) of the Licensing Scotland Act during the period.A breakdown of the number of cases…

12 May 2003 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-27633 by Mr Jim Wallace on 13 August 2002, what value of fiscal fines accepted as an alternative to prosecution under section 302 of the Criminal Procedure (Scotland) Act 1995 was outstanding on 31 March (a) 2002 and (b) 2003, in total and broken dow…

Answer · Cathy Jamieson: Fiscal fines are generally collected by the district courts and, as such, the information collated centrally and given in the following table is by district court, rather than sheriff court. Information on the value of fiscal fines outstanding in Orkney and S…

12 May 2003 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-27622 by Mr Jim Wallace on 13 August 2002, how many fines were recovered by civil diligence following the procedure under section 221 of the Criminal Procedure (Scotland) Act 1995 and what proportion this represents of the total number of all fines i…

Answer · Cathy Jamieson: The available information is given in the table. These figures are compiled on the basis of calendar years and, therefore, figures for 2003 are not yet available.Number of Sheriff Court Fines Ordered for Recovery by Civil Diligence and Proportion this Repr…

12 May 2003 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-27635 by Mr Jim Wallace on 13 August 2002, how many, and what value of, district court fines were outstanding on 31 March (a) 2002 and (b) 2003, in total and broken down by sheriff court district.

Answer · Cathy Jamieson: The available information is given in the following table. Data for the year ending March 2003 are not expected to be available until the autumn of 2003. Yearly totals for Scotland are not comparable due to data being unavailable in different courts in differ…

12 May 2003 · Written Question

To ask the Scottish Executive, further to the answers to questions S1W-27637 and S1W-30470 by Mr Jim Wallace on 19 September and 4 November 2002 respectively, how many, and what value of, sheriff court fines were outstanding on 31 March 2003, in total and broken down by sheriff court district.

Answer · Cathy Jamieson: The data requested are currently being compiled. I will write once this information is available and place a copy of the letter in the Parliament's Reference Centre.

12 May 2003 · Written Question

To ask the Scottish Executive what the value of fines, forfeitures and fixed penalties sent to HM Treasury was in 2002-03.

Answer · Cathy Jamieson: A total of £23,300,583 was sent to HM Treasury in 2002-03 from fines, forfeitures and fixed penalties.

12 May 2003 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-32604 by Hugh Henry on 3 January 2003, what the value of proceeds of district court fines sent to HM Treasury was in 2002-03.

Answer · Cathy Jamieson: Data in respect of 2002-03 are not expected to be available until the autumn of 2003.

12 May 2003 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-33922 by Mr Jim Wallace on 20 February 2003, how many, and what value of, district court fines were remitted (a) fully or (b) in part in 2002-03, broken down by sheriff court district.

Answer · Cathy Jamieson: Information on the number of district court fines remitted in 2002-03 is not expected to be available until the autumn of 2003. Data on the values of district court fines remitted are not held centrally.

12 May 2003 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-33922 by Mr Jim Wallace on 20 February 2003, how many, and what value of, fines were written off in each sheriff court district in (a) 2001-02 and (b) 2002-03.

Answer · Cathy Jamieson: The number of district court fines remitted in 2001-02 was given in reply to question S1W-33922. Data for 2002-03 are not expected to be available until the autumn of 2003. The values of district court fines remitted are not held centrally.Data on sher…

12 May 2003 · Written Question

To ask the Scottish Executive what Sewel motions it will lodge in the Parliament in this parliamentary year.

Answer · Patricia Ferguson: The Executive will advise the Parliament of any Sewel motion that it intends to lodge as and when it concludes, following discussion with the UK Government, that provisions in a Westminster Bill which relate to devolved matters should be recommended for exten…

12 May 2003 · Written Question

To ask the Scottish Executive to what extent specific duties for educational bodies or persons under articles 3 and 4 of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 apply to a private contractor providing a school as part of a public private partnership with such bodies or persons

Answer · Margaret Curran: I refer the member to the answer given to question S2W-72 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/search_w…

12 May 2003 · Written Question

To ask the Scottish Executive to what extent the specific duties of NHS boards under article 2 of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 apply to a private contractor providing a hospital as part of a public private partnership with a board.

12 May 2003 · Written Question

To ask the Scottish Executive to what extent specific duties of local authorities and local authority joint boards under the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 article 2 apply to a private contractor providing a school as part of a public private partnership with such bodies.

Answer · Margaret Curran: The specific duties under the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 apply to the public bodies specified in the relevant schedule to the order. These duties do not apply to private contractors in public private partnerships with suc…

12 May 2003 · Written Question

To ask the Scottish Executive whether it will produce a standard contract for hospital public private partnerships.

Answer · Malcolm Chisholm: A standard form contract for use in NHSScotland is currently under development and will be published shortly.

12 May 2003 · Written Question

To ask the Scottish Executive whether the Scottish Schools Standard PPP Contract will be amended to take account of the Public Private Partnerships in Scotland Protocol and Guidance Concerning Employment Issues.

Answer · Andy Kerr: An amendment to the Scottish Schools Standard PPP Contract is planned for the summer and will incorporate the relevant obligations on contractors arising from the Scottish Executive/Scottish Trade Union Congress Staffing Protocol.

8 May 2003 · Written Question

To ask the Scottish Executive what steps it has taken to ensure that all countries of the European Union recognise an order made in Scotland for sei'ure of the proceeds of crime where there is no preceding criminal conviction.

Answer · Cathy Jamieson: The civil recovery scheme in the Proceeds of Crime Act 2002 provides for the making of orders in Scotland in relation to moveable property outside Scotland. An interim administration order may require a person to whose property the order relates to bring t…

8 May 2003 · Written Question

To ask the Scottish Executive what role it has in the appointment of Europol directors.

Answer · Cathy Jamieson: Directors and deputy directors of Europol are appointed by the Ministers for Justice and Home Affairs meeting at the Council of the European Union, where the Home Secretary represents the UK.The UK Government leads in negotiations with EU member states in …

8 May 2003 · Written Question

To ask the Scottish Executive what response it will make to the European Commission's green paper, Procedural Safeguards for Suspects and Defendants in Criminal Proceedings throughout the European Union.

Answer · Cathy Jamieson: I would refer the member to the answer given to S2W-34 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/search_wa">…

8 May 2003 · Written Question

To ask the Scottish Executive whether it will report on the discussion of minimum procedural safeguards for suspects and defendants in criminal proceedings at the Council of the European Union's informal meeting on justice and home affairs held on 28 and 29 March 2003.

Answer · Cathy Jamieson: A report of the discussion at the informal Justice and Home Affairs Committee meeting, including the discussion of European Commission's green paper on procedural safeguards in criminal proceedings, was given in the answer by the Home Secretary to a written p…

8 May 2003 · Written Question

To ask the Scottish Executive what minimum procedural safeguards for suspects and defendants in criminal proceedings it considers necessary as part of judicial co-operation in the European Union.

Answer · Cathy Jamieson: The UK Government, on behalf of the UK as a whole, is considering the extent to which action at EU level on this issue is appropriate. The green paper published by the Commission on minimum procedural standards does not contain firm proposals for action but r…

8 May 2003 · Written Question

To ask the Scottish Executive what obligations education authorities will have under the (a) Code of Practice on Government Information (1997) and (b) Freedom of Information Act 2002 as referred to in clause 59.7.2 of the Scottish Schools Standard PPP Contract.

Answer · Andy Kerr: I refer the member to the answer given to question S2W-32 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/search_w…

8 May 2003 · Written Question

To ask the Scottish Executive what duties are implied by the requirement placed on the contractor to comply with the Freedom of Information Act 2000 as referred to in clause 59.7.1 of the Scottish Schools Standard PPP Contract.

Answer · Andy Kerr: Education authorities should comply with the relevant Freedom of Information legislation and best practice on openness, and contractors should be obliged to facilitate that. This is the intention of this clause in the Scottish Schools Standard PPP Contract (S…

4 Feb 2003 · Written Question

To ask the Scottish Executive whether its Crown Office and Procurator Fiscal Service (COPFS) is examining the possibility of involving staff that are not legally qualified in the marking of any cases; if so, in what circumstances such marking would be considered; what training and experience any such staff would need,…

Answer · Colin Boyd: As part of our Departmental Improvement Plan, COPFS is investigating whether there are categories of cases which do not attract court proceedings in the first instance that might be susceptible to alternative marking approaches.We are at the initial explor…

3 Feb 2003 · Written Question

To ask the Scottish Executive what arrangements it will put in place to ensure that candidates from Scotland are considered in future for election to the panel of judges at the International Criminal Court.

Answer · Jim Wallace: It has now been established that nomination should be by way of open competition and public advertisement of the post. These arrangements worked well in 2002 when the Scottish judiciary were represented on the selection panel. Scottish ministers will seek to …

3 Feb 2003 · Written Question

To ask the Scottish Executive what steps it has taken to seek a candidate from Scotland for election to the panel of judges at the International Criminal Court.

Answer · Jim Wallace: It was agreed in 2002, after consultation with Scottish ministers, that the selection of a UK judge should be by open competition. A public advertisement was placed in newspapers on 30 April 2002 and its terms were drawn to the attention of all Scottish judge…

30 Jan 2003 · Written Question

To ask the Scottish Executive whether the Association of Independent Law Accountants made any contribution to the Scottish Partnership on Domestic Abuse.

Answer · Margaret Curran: The association was not represented on the partnership. Neither did it respond to the consultation on the National Strategy to Address Domestic Abuse in Scotland.

30 Jan 2003 · Written Question

To ask the Scottish Executive whether the Association of Independent Law Accountants responded to the consultation process on the Protection from Abuse (Scotland) Bill.

Answer · Jim Wallace: The Protection from Abuse (Scotland) Bill was the first Committee Bill of the Scottish Parliament, and the evidence leading to it was gathered by the Justice 1 Committee. I understand that the Association of Independent Law Accountants did not give evidence o…

30 Jan 2003 · Written Question

To ask the Scottish Executive how much has been paid to law accountants out of the legal aid fund in each of the last 10 years.

Answer · Jim Wallace: Law accountants are paid by the solicitors for whom they provide services, not by the Legal Aid Fund.

30 Jan 2003 · Written Question

To ask the Scottish Executive how many times it has received representations from the Association of Independent Law Accountants, or any law accountants, relating to legal aid reform.

Answer · Jim Wallace: I received copies of papers by the Association of Independent Law Accountants, which were sent to me by a member of this Parliament, on three occasions since last September. The association has not, however, written directly to me on any occasion before or si…

29 Jan 2003 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-32798 by Patricia Ferguson on 14 January 2003, what aspects of the (a) Sexual Offences and (b) Local Government bills currently before the UK Parliament will require a Sewel motion.

Answer · Patricia Ferguson: Before seeking a Sewel motion in relation to a UK bill, it is the Executive's practice to deposit a memorandum in the Parliament's Reference Centre, explaining the purpose and effect of the relevant provisions in the bill which relate to devolved matters. …