Brian Fitzpatrick

15 Oct 2001 · Written Question

To ask the Scottish Executive what consideration it is giving to increasing the bursary and tuition support available to student nurses who are willing to work in under-served areas of the NHS in Scotland.

Answer · Malcolm Chisholm: From autumn 2002, all nursing students will have their tuition fees paid for them and have living cost support by way of a non-means-tested bursary and dependants' allowance where necessary. The teaching institutions have local arrangements to assist students…

15 Oct 2001 · Written Question

To ask the Scottish Executive what steps it has taken to make nursing a more attractive career option by funding the infrastructure necessary to provide high quality training facilities for student nurses.

Answer · Malcolm Chisholm: The Scottish Executive Health Department has contracts with institutions of higher education to provide nurse education and pays them an annual amount for the cost of the course, based on student numbers, but allowing for matters like accommodation requiremen…

15 Oct 2001 · Written Question

To ask the Scottish Executive what funding (a) has been made available for the recruitment and support of student nurses in the current year and (b) will be made available for this purpose in the next two years.

Answer · Malcolm Chisholm: Forty-four million, six hundred thousand pounds is available for support of student nurses this year. £47.9 million will be available in 2002-03, and £51.4 million in 2003-04.

15 Oct 2001 · Written Question

To ask the Scottish Executive what assessment it has made of the impact that any current shortage of nurses may have on the delivery of (a) health care in general, (b) care for elderly people, (c) services for elderly people provided by long-term care facilities and (d) home health care services for elderly people.

Answer · Malcolm Chisholm: No such assessment has been made. The current vacancy rate for all qualified nurses remains low at 0.5% for vacancies over three months. <P><I>Facing the Future</I>, the report of the 19 November 2001 Convention on Recruitment and Retention in Nursing and Mid…

2 Oct 2001 · Written Question

To ask the Scottish Executive what discussions have been held with the Glasgow High Court Users' Group on the allocation of resources for first instance criminal work in the High Court in Glasgow.

Answer · Neil Davidson: The user group is primarily concerned with the management of sittings of the High Court in Glasgow. It provides for an exchange of views among users, some of whom are Scottish Executive officials. But there is no direct discussion between the group on the one…

28 Sep 2001 · Written Question

To ask the Scottish Executive how many civil proofs could not proceed for want of a judge per term week in the Outer House of the Court of Session in the year up to 31 August 2001 and the two previous years.

Answer · Jim Wallace: The information sought is not readily available in term weeks, and the collated statistics for 1999-2000 do not identify civil proofs, but show all civil hearings unallocated. The following table shows (a) for 1999-2000 all civil hearings which did not settle…

28 Sep 2001 · Written Question

To ask the Scottish Executive what the average availability of Outer House judges per term week was for (a) four day proofs and (b) business in the Outer House of the Court of Session in the year up to 31 August 2001 and the two previous years.

Answer · Jim Wallace: The information sought is not readily available. The average number of judges sitting each week in the Outer House during term is as follows:<TABLE BORDER CELLSPACING=1 CELLPADDING=2 WIDTH=228><TR><TD WIDTH="88%" VALIGN="TOP" HEIGHT=16><P ALIGN="JUSTIFY">1999…

28 Sep 2001 · Written Question

To ask the Scottish Executive what the average waiting period in term weeks was for (a) four day proofs and (b) proofs with an estimated duration of 10 days or more in the Outer House of the Court of Session in the year up to 31 August 2001 and the two previous years.

Answer · Jim Wallace: Four days Proofs<P ALIGN="JUSTIFY"><TABLE BORDER CELLSPACING=1 CELLPADDING=2 WIDTH=313><TR><TD WIDTH="61%" VALIGN="TOP" HEIGHT=16><P ALIGN="JUSTIFY">1999-2000</TD><TD WIDTH="39%" VALIGN="TOP" HEIGHT=16><P ALIGN="JUSTIFY">18 term weeks</TD></TR><TR><TD WIDTH="…

28 Sep 2001 · Written Question

To ask the Scottish Executive what assessment has been made of the implications for the business and judicial resources of the supreme courts of the settlement rate of cases in the Outer House of the Court of Session.

Answer · Jim Wallace: In programming the work of the Outer House the court proceeds on the assumption that the settlement rate will run at around 95%. This figure is monitored from time to time and has been fairly constant in recent years.

28 Sep 2001 · Written Question

To ask the Scottish Executive what the average waiting period was for (a) a civil appeal, other than those sent for early disposal and (b) a solemn conviction appeal in the year up to 31 August 2001 and the two previous years.

Answer · Jim Wallace: <TABLE BORDER CELLSPACING=1 CELLPADDING=2 WIDTH=313><TR><TD VALIGN="TOP" COLSPAN=2 HEIGHT=16>Civil Appeal</TD></TR><TR><TD WIDTH="64%" VALIGN="TOP" HEIGHT=16><P ALIGN="JUSTIFY">1999-2000</TD><TD WIDTH="36%" VALIGN="TOP" HEIGHT=16><P ALIGN="JUSTIFY">31 term we…

28 Sep 2001 · Written Question

To ask the Scottish Executive what calls were made upon retired judges for sittings of the supreme courts in the year up to 31 August 2001 and the two previous years.

Answer · Jim Wallace: Retired judges sat on the following number of days:<TABLE BORDER CELLSPACING=1 CELLPADDING=2 WIDTH=342><TR><TD WIDTH="78%" VALIGN="TOP" HEIGHT=16><P ALIGN="JUSTIFY">Calendar Year 1999</TD><TD WIDTH="22%" VALIGN="TOP" HEIGHT=16><P ALIGN="JUSTIFY">299 days</TD>…

28 Sep 2001 · Written Question

To ask the Scottish Executive what assessment has been made of the implications for the business and judicial resources of the supreme courts of Senators taking up public duties on UK bodies or outwith Scotland.

Answer · Jim Wallace: The loss of a judge or judges to public duties elsewhere in the UK or abroad is one of the factors which the Lord President will take into account in planning the supreme court programme. In the case of lengthy absences additional resources may be provided, r…

28 Sep 2001 · Written Question

To ask the Scottish Executive what assessment has been made of the implications of the Scotland Act 1998 and the European Convention on Human Rights for the business and judicial resources of the supreme courts.

Answer · Jim Wallace: I refer the member to the answer given to question S1W-18633. In the further representations which the Lord President made to ministers last year he took account of the impact of the new legislation when requesting an increase in the complement of judges.

28 Sep 2001 · Written Question

To ask the Scottish Executive what assessment has been made of the efficiency of disposing of business at sittings of the High Court of Justiciary.

Answer · Neil Davidson: The disposal of business within sittings of the High Court of Justiciary is reviewed each month on the basis of the available figures.<P>The efficiency of disposal of cases at the High Court has additionally been the subject of a specific joint review by offi…

28 Sep 2001 · Written Question

To ask the Scottish Executive how many additional sittings of the High Court of Justiciary were requisitioned by the Lord Advocate in terms of section 2(2) of the Criminal Procedure (Scotland) Act 1995 in the year up to 31 August 2001 and the two previous years.

Answer · Neil Davidson: This information is not readily available.<P>However, in the year to 31 August 2001, the planned programme of five courts at the High Court in Glasgow and two courts at the High Court in Edinburgh has been supplemented by the regular use of additional courts …

28 Sep 2001 · Written Question

To ask the Scottish Executive what assessment has been made of the effects of new business before the Outer House of the Court of Session on its judicial resources.

Answer · Jim Wallace: New Outer House business has stayed fairly constant over the last few years. It is the responsibility of the Lord President to allocate judicial resources in the Court of Session and this takes account of the level of business in the Outer House.

28 Sep 2001 · Written Question

To ask the Scottish Executive whether it will show any percentage increase in the number of (a) High Courts indictments, (b) solemn appeals, (c) judge sitting days, (d) judicial time devoted to first instance criminal business and (e) judicial business devoted to criminal appeal work in the year up to 31 August compar…

Answer · Jim Wallace: The information requested is included in the following table.<P ALIGN="JUSTIFY"><TABLE BORDER CELLSPACING=1 CELLPADDING=7 WIDTH=600><TR><TD WIDTH="27%" VALIGN="TOP" HEIGHT=99><P></TD><TD WIDTH="14%" VALIGN="TOP" HEIGHT=99><FONT FACE="Arial" SIZE=2><P ALIGN="C…

28 Sep 2001 · Written Question

To ask the Scottish Executive what assessment has been made of the need for additional judicial resources as a result of the demands made on the High Court of Justiciary.

Answer · Jim Wallace: I refer the member to the answer given to question S1W-18633.

28 Sep 2001 · Written Question

To ask the Scottish Executive what assessment has been made of pressures on the judicial resources of the supreme courts.

Answer · Jim Wallace: The Lord President of the Court of Session has responsibility for planning the programme of business for the Supreme Courts. In 1999 he made a case for an increase in the complement of Judges to 32 to cope with pressure of work and Ministers made the necessar…

28 Sep 2001 · Written Question

To ask the Scottish Executive what progress has been made in increasing the transparency and openness in the process for the appointment of Senators to the College of Justice.

Answer · Jim Wallace: I refer the member to the answer given to question S1W-18631. The Judicial Appointments Board will be expected to interview all candidates before recommending people to the First Minister. No individual will be appointed unless the Board have so recommended.

28 Sep 2001 · Written Question

To ask the Scottish Executive what progress is being made in establishing a College of Justice which is more "reflective of the diversity of society" as set out in Judicial Appointments: An Inclusive Approach and, in particular, in ensuring that there is an increase in the appointment of women and others from non-trad…

Answer · Jim Wallace: In March I announced the Executive's plans to establish an independent Judicial Appointments Board to advise the First Minister on the appointment of Judges of the Court of Session, Sheriffs Principal and Sheriffs. The board's remit will include an invitation…

27 Sep 2001 · Written Question

To ask the Scottish Executive which regulations have been identified by the Improving Regulation in Scotland unit as either (a) being no longer necessary or (b) capable of simplification.

Answer · Wendy Alexander: Further to the answer to S1W-18582, the Improving Regulation in Scotland unit has not identified any regulations as no longer necessary. <P ALIGN="JUSTIFY">The review of planning procedures is one example of the Scottish Executive taking steps to improve and …

27 Sep 2001 · Written Question

To ask the Scottish Executive what consultations have taken place since November 1999 between the Improving Regulation in Scotland unit and the Department of Trade and Industry on removing unnecessary burdens on business and what the results of any such consultations have been.

Answer · Wendy Alexander: The Improving Regulation in Scotland unit has regular discussions with a number of Whitehall departments and in particular with Cabinet Office, which has responsibility for improving regulation at a UK level. Details of official level discussions within gover…

27 Sep 2001 · Written Question

To ask the Scottish Executive which of its regulatory practices have been audited and evaluated by the Improving Regulation in Scotland unit since November 1999 and what the results were of any such audit and evaluation.

Answer · Wendy Alexander: The Improving Regulation in Scotland unit can make the most telling contribution by ensuring that the Scottish Executive takes fully into account the need for all regulations to be proportionate and fit for purpose. With this aim, the unit has assisted Scotti…

27 Sep 2001 · Written Question

To ask the Scottish Executive whether it will list, for the period since November 1999, the publications, advice notes and guidance on improving regulation in Scotland issued by or on behalf of the Improving Regulation in Scotland unit internally to the Executive.

Answer · Wendy Alexander: The IRIS Report on Regulatory Concerns (January 2001), the Regulatory Impact Assessment Guide (May 2001), Report on the IRIS Unit for the Regulatory Summit (June 2001) and the Summit Summary (October 2001) have been published by the Improving Regulation in Sc…

27 Sep 2001 · Written Question

To ask the Scottish Executive whether it will detail, for the period since November 1999, the numbers, grades, salaries and career experience of staff appointed to the Improving Regulation in Scotland unit and the annual running costs of the unit.

Answer · Wendy Alexander: Since November 1999, the Improving Regulation in Scotland (IRIS) Unit has been overseen by one member of the senior civil service and run by one C1 and one B2, supported where necessary by further B2, B1 and administrative (Band A) staff. The running costs of…

21 Sep 2001 · Written Question

To ask the Scottish Executive what steps it is taking to encourage and support the active promotion of a strong pro bono culture in Scotland, commencing in the law faculties of universities and continuing through all levels of professional practice.

Answer · Jim Wallace: Pro bono services provided by advocates and solicitors are primarily a matter for the legal profession itself. The content of law courses at Scottish universities is for the universities to determine, in consultation with the profession.

21 Sep 2001 · Written Question

To ask the Scottish Executive what steps it is taking to encourage and support pro bono initiatives by advocates and solicitors.

Answer · Jim Wallace: Pro bono work by solicitors and advocates is first and foremost a matter for the legal profession.

21 Sep 2001 · Written Question

To ask the Scottish Executive what assessment has been made of the impact on the civil justice system of pro bono legal services provided by advocates and solicitors.

Answer · Jim Wallace: Pro bono services provided by advocates and solicitors are primarily a matter for the legal profession itself, and information on the extent of such activity is not held centrally.

21 Sep 2001 · Written Question

To ask the Scottish Executive what progress has been made on promoting methods for enhancing access to the civil justice system for disadvantaged members of the community or those with modest or moderate means through the delivery of more and better-targeted pro bono legal services.

Answer · Jim Wallace: Pro bono legal services provided by solicitors and advocates are primarily an issue for the legal profession itself. Methods of improving access to civil justice more generally are being discussed by a broadly-based working group which I set up to consider ho…