Parliamentary questions

Fergus Ewing

2,894 questions tabled in the Scottish Parliament, most recent first.

14 Sep 1999 · Written Question

To ask the Scottish Executive whether it will define in detail the terms "harm and prejudice" as used in the first and second paragraphs of Part II of the Code of Practice on Access to Scottish Executive Information and whether it will confirm that the definitions exclude possible harm and possible prejudice.

Answer · Jim Wallace: For reasons of practicality and continuity and to ensure that openness arrangements were in place from 1 July 1999, the Code of Practice on Access to Scottish Executive Information is based closely on the UK Government's Code of Practice on Access to Governme…

14 Sep 1999 · Written Question

To ask the Scottish Executive whether it can decide to publish the draft concordats regardless of whether their non-disclosure could be justified under Part II of the Code of Practice on Access to Scottish Executive Information and whether it will publish any legal or other opinion or advice it has received relevant t…

Answer · Jim Wallace: No. The drafts were received in confidence from the UK Government and are to be agreed between the UK Government and the devolved administrations. All of the concordats will be published when they are agreed.

9 Sep 1999 · Written Question

To ask the Scottish Executive whether it believes that it would be of benefit to business in Scotland if it exercised the tax varying power for the years 2000-01 and 2001-02.

Answer · Jack McConnell: The Scottish Executive will not be using the tax varying power during the lifetime of this Parliament. This has been widely welcomed by the business community in Scotland.

8 Sep 1999 · General Question

To ask the Scottish Executive whether it believes that it would be of benefit to business in Scotland if it exercised the tax varying power for the years 2000-2001 and 2001-2002.

3 Sep 1999 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-521 by Mr Jack McConnell on 23 August, whether the reference to the #100 average cost of answering a Scottish Parliamentary Question being consistent with evidence from the UK Parliament means that the cost of answering Scottish Parliamentary Questio…

Answer · Jack McConnell: The average cost of £100 for answering written Scottish Parliamentary Questions is an estimate based on preliminary work undertaken over a short period and using a relatively small sample of questions. The Executive intends to undertake a detailed study of th…

3 Sep 1999 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-521 by Mr Jack McConnell on 23 August, how the #100 average cost of answering a Scottish Parliamentary Question was calculated and whether this average cost is a mode, median or mean average.

Answer · Jack McConnell: The £100 average cost was calculated by estimating the amount of time spent by members of staff of the Scottish Executive on dealing with a limited sample of Scottish Parliamentary Questions covering a range of subjects. Staff time was costed to include, for …

3 Sep 1999 · Written Question

To ask the Scottish Executive whether the First Minister is aware of any proposals to reduce the number of staff employed by Caledonian MacBrayne or to alter the terms and conditions of Caledonian MacBrayne staff and, if so, whether it will make a statement.

Answer · Sarah Boyack: The Scottish Executive is not aware of any proposals to reduce the number of staff employed by CalMac. The Company is currently negotiating with representatives of employees about the convergence of terms and conditions of Caledonian MacBrayne's sea-going sta…

3 Sep 1999 · Written Question

To ask the Scottish Executive whether the First Minister has met with the Chairman of Caledonian MacBrayne since Dr Mills' appointment to that position and, if so, on what dates.

Answer · Sarah Boyack: No, the First Minister has not met the Chairman of Caledonian MacBrayne Ltd since Dr Mills' appointment to that position. However, I met Dr Mills on Thursday 5 August.

3 Sep 1999 · Written Question

To ask the Scottish Executive whether it has considered article 16 section 1A of the Draft Regulations for Financial Instrument for Fisheries Guidance and, if so, whether this would permit the payment of compensation to scallop farmers in the period from 2000 to 2006.

Answer · John Home Robertson: It has not been the policy of successive governments to compensate for losses incurred due to disease or other natural phenomena in the fisheries sector. However, the Scottish Executive is currently consulting on the terms of EU structural assistance in the f…

3 Sep 1999 · Written Question

To ask the Scottish Executive whether it has received any recent representations from the Mallaig and North West Fishermen's Association regarding amnesic shellfish poisoning and, if so, whether it will make a statement.

Answer · John Home Robertson: The Scottish Executive received a letter from the Mallaig and North West Fishermen's Association dated 20 August. The letter covered a range of issues, including amnesic shellfish poisoning. I have issued a reply to this letter.

3 Sep 1999 · Written Question

To ask the Scottish Executive whether it will re-examine the scientific or other evidence on which the present biological limits of amnesic shellfish poisoning are based in order to determine whether these limits may safely be lowered.

Answer · Susan Deacon: The action limit for ASP is set by the EU. The maximum permitted toxin level is set out in EU Directive (97/61/EC) which came into force on 29 October 1997. There are currently no proposals to change the limit.

3 Sep 1999 · Written Question

To ask the Scottish Executive whether it will provide increased assistance for scientists in charge of monitoring amnesic shellfish poisoning, particularly at this time of year and for increased efforts to identify the root cause of the problem.

Answer · Susan Deacon: The monitoring programme is undertaken by the Marine Laboratory, Aberdeen. The necessary resources to undertake this work are provided by the Scottish Executive. There are no proposals to change the monitoring or research funding arrangements as a result of t…

3 Sep 1999 · SPCB Written Question

To ask the Presiding Officer, further to his answer to question S1W-394 on 16 July, whether the Scottish Parliamentary Corporate Body (SPCB) has reached a conclusion regarding the use of pre-postage paid envelopes by MSPs for constituency business and, if so, when such envelopes will become available and whether the S…

Answer · David Steel: The SPCB has decided that first and second class pre-postage paid envelopes should be provided for Members' use for constituency business. Staff are currently pursuing the options and the envelopes will be available as soon as the necessary procurement proced…

2 Sep 1999 · Written Question

To ask the Scottish Executive what specific measures it will introduce to assist small business in Scotland and whether it will work closely with the Enterprise and Life Long Learning Committee to develop a package of measures to promote small business in Scotland.

Answer · Nicol Stephen: We have a range of new measures in place or under consideration to assist small business in Scotland, including the new £12m Business Growth Fund and proposals to establish a mentoring scheme for start-up companies. We are also working with Scottish Enterpris…

2 Sep 1999 · Written Question

To ask the Scottish Executive whether it will make representations to Her Majesty's Government requesting that Post Office sub-post masters in Scotland be entitled to be remunerated for their work in accordance with the principals of the National Minimum Wage Act 1998.

Answer · Henry McLeish: This is a matter for The Employment Tribunal and Courts to determine.

1 Sep 1999 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-140 by Donald Dewar on 6 July, whether it will define, describe and elucidate the circumstances in which it may be appropriate for the Westminster Parliament to consider legislation about devolved matters.

Answer · Donald Dewar: The approach taken for a particular piece of legislation will depend on the circumstances of that legislation. The normal expectation is that legislation about devolved matters will be enacted by the Scottish Parliament. Before agreeing to the inclusion of pr…

1 Sep 1999 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-222 by Donald Dewar on 9 August, whether it will define, describe and elucidate the nature of the specialism of each of its Special Advisers and whether such specialisms exist within the civil service.

Answer · Donald Dewar: Special Advisers are not appointed as subject specialists but to give broad advice, including political advice, to Ministers on the development of Government policy and its effective implementation. The specialist nature of their role is that it encompasses t…

1 Sep 1999 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-637 by Donald Dewar on 4 August, what the current market value of Bute House is.

Answer · Jack McConnell: This information is not held by the Scottish Executive. The building is owned by the National Trust for Scotland and the Department occupies it on a sub lease.

1 Sep 1999 · Written Question

To ask the Scottish Executive which of the recommendations of the House of Commons Select Committee on Scottish Affairs' Report on "Tourism in Scotland" (published on 21 July 1999) it (a) accepts, (b) is inclined to accept, (c) wishes to consider further and (d) rejects, and what the reasons are in each case.

Answer · Henry McLeish: We are preparing a new strategy for tourism which will address the issues raised by the Select Committee's report. The strategy will be published in January 2000.

1 Sep 1999 · Written Question

To ask the Scottish Executive whether it considers that the current review of the tourist industry in Scotland should be conducted by a body independent of the Scottish Tourist Board.

Answer · Henry McLeish: The Scottish Tourist Board, working in partnership with other Government agencies, the Area Tourist Boards, the industry itself through the Scottish Tourism Forum and other representative bodies, is best placed to undertake this task.

1 Sep 1999 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-113 by Lord Hardie on 6 July, whether it will publish all or any of the legal advice it has received in relation to the right of a victim of crime to be afforded a full explanation of the reasons for a decision not to go ahead with criminal proceedin…

Answer · Andrew Hardie: It is a rule of long standing that for the proper working of Government all legal advice obtained by it is confidential, a position adopted by the Scottish Executive.

1 Sep 1999 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-113 by Lord Hardie on 6 July, whether it will make a statement on the relevance of the European Convention on Human Rights to the refusal to advise victims of crime of the reason why no criminal proceedings have been raised in respect of such crime.

Answer · Andrew Hardie: In certain circumstances to disclose reasons for not raising criminal proceedings could constitute a breach of the Convention rights of a victim, witness or accused. Rights secured under the Convention include the presumption of innocence and the right to pri…

1 Sep 1999 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-113 by Lord Hardie on 6 July, whether it will define, describe and elucidate the circumstances in which a form of restricted disclosure of the reasons for not proceeding against an accused may be made and why such disclosure must be restricted.

Answer · Andrew Hardie: Decisions regarding disclosure of reasons for not raising criminal proceedings require to be made on a case by case basis. As with all prosecution policy, Procurators Fiscal are subject to confidential guidance approved by the Lord Advocate. Procurators Fisca…

1 Sep 1999 · Written Question

To ask the Scottish Executive whether it will reform the law to require Scottish Enterprise (SE) and Highlands and Islands Enterprise (HIE) to be consulted, prior to the designation of an area as Site of Special Scientific Interest, as to the effects of such a designation on the economy and the Parliament to be consul…

Answer · Sarah Boyack: I refer the member to the answer to question S1W-1274.

1 Sep 1999 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-622 by Sarah Boyack on 10 August, what account it takes of the effects which the designation of areas as Sites of Special Scientific Interest (SSSI) has had or may have on the economy of the Highlands and Islands in considering an area's current or f…

Answer · Sarah Boyack: The designation of SSSIs is the responsibility of Scottish Natural Heritage, which has a statutory duty under section 28 of the Wildlife and Countryside Act 1981 to notify land which, in its opinion, is of special scientific interest.<P ALIGN="JUSTI…

1 Sep 1999 · Written Question

To ask the Scottish Executive whether it will list the members of the focus groups and industry representative bodies who will be invited to play a part in developing and implementing the new strategy for tourism and how these members were selected.

Answer · Henry McLeish: The focus groups were arranged by the Scottish Tourist Board as part of the consultation process that will lead to the new strategy for the industry. I shall ask the Chairman of the STB to write to Mr Ewing and will arrange for copies of his reply to be place…

1 Sep 1999 · Written Question

To ask the Scottish Executive whether it considers that the role of Historic Scotland in relation to applications for building consent or planning permission, particularly as regards Grade C listed buildings, should be reviewed in the light of the length of time such processes take and the expense involved for owners …

Answer · Rhona Brankin: Historic Scotland takes an average of only nine working days to clear listed building consent cases referred to it and no fee is charged. Historic Scotland is already discussing with local authorities whether any further improvements could be made to the oper…

1 Sep 1999 · Written Question

To ask the Scottish Executive whether it intends to reform the law relating to standard securities to allow the provisions of section 40 of the Bankruptcy (Scotland) Act 1985, adapted as necessary, to apply in cases where the eviction of a debtor and his family is sought by virtue of security holders' powers under the…

Answer · Jim Wallace: We have no such intentions at present. However we have already indicated our support for the proposed Members' Bill by Ms Cathie Craigie MSP which seeks to protect those facing repossession in Scotland.

1 Sep 1999 · General Question

31 Aug 1999 · Written Question

To ask the Scottish Executive whether it will accept the recommendation of the Enterprise and Lifelong Learning Committee that the consultation period on the proposed new strategy for tourism be extended beyond 31 August and, if so, to what date, and how it will promulgate this extension.

Answer · Henry McLeish: Yes. I will accept responses up to the end of this month. I issued a News Release announcing my decision on 2 September. This was also published on the Parliament's web site. My officials have informed the industry organisations in membership of the Scottish …