Fergus Ewing

23 Jan 2001 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-11701 by Rhona Brankin on 8 January 2001, whether it will detail the enquiries that have been made as to whether dogs are used underground for pest control purposes on land under its ownership or control and whether it will list (a) all estates under…

Answer · Rhona Brankin: In order to answer the previous question, enquiries were made of the Headquarters of The Forestry Commission, Historic Scotland and the Scottish Agricultural Science Agency along with the Estate Management section of the Scottish Executive itself. The Agricul…

23 Jan 2001 · Written Question

To ask the Scottish Executive whether the trunk road unit contract tender documents specified the number of snow blowers and snow ploughs which the successful contractors would be required to maintain and whether, for each unit area, award of the contract to a private sector bidder will allow the number of such vehic…

Answer · Sarah Boyack: The tender documents did not specify the type and number of plant which contractors have to provide for winter maintenance. The contractors are bound to meet the specification for the level of service set out in the contract. The Executive required bidders to…

23 Jan 2001 · Written Question

To ask the Scottish Executive whether the continuity of winter roads maintenance will be affected in any way by the award of any trunk road unit contracts to private sector bidders.

Answer · Sarah Boyack: The award of contracts will secure the continuity of the levels of service of winter maintenance required by the Scottish Executive.

23 Jan 2001 · Written Question

To ask the Scottish Executive whether the standards of maintenance of trunk roads will change from 1 April 2001; if so, in what precise respects and whether it will decline to award contracts to any private sector bidders for any trunk road unit contract unless it is satisfied that such bidders can provide, without a…

Answer · Sarah Boyack: The standards of maintenance contained within the new contracts are generally the same as specified in the existing contracts. In respect of the communications system specified in the contract, it is for the operators to examine carefully the technology they …

23 Jan 2001 · Written Question

To ask the Scottish Executive whether it has considered all of the points raised by trade unions about the Transfer of Undertakings (Protection of Employment) Regulations 1981 (as amended) in connection with the awarding of the trunk road unit contracts, in particular those points relating to those workers who spend …

Answer · Sarah Boyack: Employment of existing staff and workers is a matter to be resolved between the existing and new operators and staff and their Unions. During the tender period, existing employers circulated lists of staff involved. The Scottish Executive is not aware of what…

23 Jan 2001 · Written Question

To ask the Scottish Executive what steps it has taken to prevent local authority workers employed in connection with trunk road maintenance being made redundant in the event that private sector bids for the trunk road unit contracts are successful and whether the tender documents specified that all existing staff be …

Answer · Sarah Boyack: It will be for the existing and incoming operators to decide whether there is a need for workers to be made redundant. The tender documents do not require that all existing staff be retained. Our current expectation is that the TUPE Regulations will apply.

23 Jan 2001 · Written Question

To ask the Scottish Executive what action it took to establish the accuracy of comments relating to the position of staff, and the terms and conditions of such staff, currently employed by local authorities in connection with trunk roads maintenance attributed to staff of one of the private sector bidders for the tru…

Answer · Sarah Boyack: The Scottish Executive recognised at the outset that the comments made in Construction News on 9 November were inaccurate. The Executive issued letters to concerned councils to advise them that the articles were without foundation as no decision had at that t…

23 Jan 2001 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-8984 by Sarah Boyack on 25 August 2000, whether its statement that it "will have regard to" the Statement of Practice on Staff Transfers in the Public Sector means that it is following the recommendations of the statement; what requirements the tende…

Answer · Sarah Boyack: The Scottish Executive has had regard to the Statement of Practice on Staff Transfers in the Public Sector. The new maintenance term contracts require the successful bidder to fulfil any obligations arising from TUPE. Each of the winning contractors has trans…

23 Jan 2001 · Written Question

To ask the Scottish Executive whether the trunk road unit contracts due to come into effect on 1 April 2001 require three months notice under EU tendering regulations.

Answer · Sarah Boyack: The tendering requirements for the trunk road unit contracts due to come into effect on 1 April 2001 are set out in the Public Works Contract Regulations 1991 which implemented the EC Works Directive (93/37/EEC). There is no requirement for such a 3 month not…

23 Jan 2001 · Written Question

To ask the Scottish Executive what changes it plans to make to the process and procedures used to tender trunk road unit contracts in future.

Answer · Sarah Boyack: Procedures for future tendering rounds will take into account experience gained during the present process.

23 Jan 2001 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-9148 by Sarah Boyack on 14 September 2000, how local authorities will meet the costs of redundancy payments and any other costs relating to the termination of employment to any local authority employees who lose their employment in the event that th…

Answer · Sarah Boyack: Trunk road contracts lie outwith the functions of local government and are not catered for in the local government financial settlement. Local authorities have known since1996 when the previous contracts were awarded that they could fail to secure the trunk r…

23 Jan 2001 · Written Question

To ask the Scottish Executive what the total cost of putting the trunk road unit contracts out to tender has been to date and what future costs are expected to be incurred, providing a breakdown of all relevant costs in each case.

Answer · Sarah Boyack: The costs incurred to the award of the contracts are:<TABLE BORDER CELLSPACING=1 CELLPADDING=7 WIDTH=616><TR><TD WIDTH="50%" VALIGN="TOP"><P ALIGN="JUSTIFY">Assigned internal costs</TD><TD WIDTH="50%" VALIGN="TOP"><P ALIGN="RIGHT">£437,252</TD></TR><TR><TD WI…

23 Jan 2001 · Written Question

To ask the Scottish Executive what legal costs it has incurred in relation to the tendering of the trunk road unit contracts.

Answer · Sarah Boyack: Legal costs associated with recent Court of Session proceedings were awarded against the petitioners.

18 Jan 2001 · Written Question

To ask the Scottish Executive whether the Sheep and Goats Identification (Scotland) Regulations 2000 (SSI 2000/418) are more detailed and more strict than the counterpart regulations imposed in England and Wales and, if so, whether it will give details as to why this is and, in particular, why the Scottish Regulation…

Answer · Ross Finnie: The Scottish Regulations implement European Council Directive 92/102/EEC and this is reflected in corresponding legislation in the rest of GB. <FONT FACE="Arial" SIZE=2><P>While there are some minor differences, the Scottish SI is no stricter in its applicati…

18 Jan 2001 · Written Question

To ask the Scottish Executive whether or not the creation of offences under paragraph 19 of the Sheep and Goats Identification (Scotland) Regulations 2000 (SSI 2000/418) was necessary given that Article 9 of EU Directive 92/102/EEC on the identification and registration of animals states "Member States shall adopt ad…

Answer · Ross Finnie: Article 9 of European Council Directive 92/102/EEC gives Member States the choice of measures they can adopt, either administrative or penal. <FONT FACE="Arial" SIZE=2><P>Penal measures were introduced because the implementation and registration of animals ar…

18 Jan 2001 · Written Question

To ask the Scottish Executive what priority will be given to crofters and small hill farmers in less favoured areas in the allocation of modulation funding.

Answer · Ross Finnie: The activities into which modulated EU resources can be allocated are specified in Council Regulation (EC) 1259/99. To comply with this legal requirement, estimated amounts of modulated EU resources have been allocated in Scotland to agri-environment and fore…

18 Jan 2001 · Written Question

To ask the Scottish Executive whether it will place in the Scottish Parliament Information Centre all memos, letters, e-mails and other communications between it and (a) the Food Standards Agency Scotland and (b) the Ministry of Agriculture, Fisheries and Food on all the circumstances of the handling of the case of t…

Answer · Ross Finnie: The documents requested cannot be placed in the Parliament's Reference Centre as their disclosure could harm the frankness and candour of internal discussion between Ministers and their officials. The Code of Practice on Access to Scottish Executive Informati…

18 Jan 2001 · Written Question

To ask the Scottish Executive whether it has made any representations to the Ministry of Agriculture, Fisheries and Food (MAFF) in support of an investigation into the reasons for the delay in the diagnosis of a cow with BSE and the tracing of the offspring of that cow, part of which may have passed into the human fo…

Answer · Ross Finnie: The Food Standards Agency, the Scottish Executive and the Ministry of Agriculture Fisheries and Food are involved in investigating this incident. Any lessons learned will be acted upon.

18 Jan 2001 · Written Question

To ask the Scottish Executive whether it has any plans to amend the traceability system for cattle to permit more prompt identification of the calves of cows which are diagnosed as being BSE affected.

Answer · Ross Finnie: The traceability systems used for BSE and cattle tracing purposes are kept under review. Any lessons to be learned from this particular incident will be acted on as necessary.

18 Jan 2001 · Written Question

To ask the Scottish Executive whether it will order an inquiry into the circumstances of how parts of a calf whose mother was infected by BSE may have found their way into the human food chain and, if so, who will be involved in this inquiry.

Answer · Susan Deacon: Where possible animals identified as offspring of BSE cases are traced and removed from the human food chain. Officials of the Food Standards Agency, the Scottish Executive and the Ministry of Agriculture are jointly considering whether, in this particular ca…

18 Jan 2001 · Written Question

To ask the Scottish Executive whether it was first informed on 12 January 2001 that the kidneys of a calf whose mother was infected with BSE may have passed into the human food chain and, if not, when it was first informed.

Answer · Susan Deacon: Officials from the Food Standards Agency notified Scottish Ministers on 12 January that offal from the offspring animal may have passed into the food chain.

17 Jan 2001 · Written Question

To ask the Scottish Executive what the latest estimate is of (a) the number of motor vehicles in Scotland and (b) the number of these which presently run on liquid petroleum gas.

Answer · Sarah Boyack: At 31 December 1999, the latest date for which information is available, there were 2,131,000 motor vehicles licensed in Scotland. Information on the number of motor vehicles running on liquefied petroleum gas is not held centrally.

16 Jan 2001 · Written Question

To ask the Scottish Executive whether the Minister for Enterprise and Lifelong Learning has received representations from a group of business people operating within the Lochaber area, comprising Alan Kirk of McTavish's Kitchens, Stewart MacLean of Innseagan Holidays and 16 others, regarding proposals for the promoti…

Answer · Alasdair Morrison: Yes. The letter raises a number of issues relating to the tourism industry. These are being considered and a full reply will be sent as soon as possible.

16 Jan 2001 · Written Question

To ask the Scottish Executive whether it has received representations from the Stank Glen Residents' Association in relation to the proposal by Forest Enterprise to establish a tourist village on the shores of Loch Lubnaig; if so, what response it has made or will make, and whether, if the area were at present design…

Answer · Sam Galbraith: Representations have been received from the Stank Glen Residents' Association and the Scottish Executive Development Department will be replying shortly explaining the procedures which apply in respect of a proposed development to be undertaken by a body enti…

16 Jan 2001 · Written Question

To ask the Scottish Executive whether it has any powers to declare a moratorium in respect of the planning notification by Forest Enterprise to establish a tourist village along the west shore of Loch Lubnaig in relation to (a) the fact that this area falls within the boundaries currently considered for Loch Lomond a…

Answer · Sam Galbraith: The Scottish Executive does not have such statutory powers.

15 Jan 2001 · Written Question

To ask the Scottish Executive whether it plans to bring forward the commencement order in respect of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 in order to ensure that home owners do not continue to face demands from feudal superiors for payments for waiver of title conditions and whether it will canvass…

Answer · Iain Gray: We will bring forward the commencement order in due course. The Property Law Reform programme is a package and we will assess the appropriate date for commencement when the next Bill in the package - the Title Conditions Bill - has been enacted. We expect to …

12 Jan 2001 · Written Question

To ask the Scottish Executive what assistance is currently provided to farmers and crofters on lower incomes and in particular to those whose net income is below that of a full-time worker in receipt of an income based on the minimum wage.

Answer · Ross Finnie: There are a wide range of agricultural support measures available to farmers and crofters regardless of income levels. In addition the Scottish Agricultural Wages Board sets a minimum hourly rate of pay for agricultural workers. The rate for an adult worker i…

12 Jan 2001 · Written Question

To ask the Scottish Executive whether there have been any alterations to its timetable for the proposed Land Reform Bill and whether it will set out its current timetable for the Bill from consultation to introduction through to Royal Assent.

Answer · Jim Wallace: As detailed in the latest Land Reform Action Plan Progress Report, issued on 7 December 2001 and copied to all MSPs and to the Parliament's Reference Centre (question S1W-11799 refers), the draft Land Reform Bill will issue for consultation later this month. …

12 Jan 2001 · Written Question

To ask the Scottish Executive whether it will make representations to Her Majesty's Government to secure additional agrimonetary compensation and, if so, what amount it will seek to secure.

Answer · Ross Finnie: The Scottish Executive is in regular contact with the United Kingdom Government on a wide range of issues including agrimoney compensation. The Scottish Executive cannot decide unilaterally to pay compensation since agrimoney payments must be made on a UK-wid…

10 Jan 2001 · Written Question

To ask the Scottish Executive whether it will place in the Scottish Parliament Information Centre a copy of the negotiating position used by the Deputy Minister for Rural Development at the recent EU Fisheries Council and what the reasons are for its position on this matter.

Answer · Rhona Brankin: No. The UK negotiating position was evolved in discussions before and during the Council meeting in order to secure the best possible deal for Scottish fishermen while ensuring a sustainable fishing industry.