Lord James Douglas-Hamilton

20 Mar 2000 · Written Question

To ask the Scottish Executive whether the proposed improvements to the A701 will have any impact on travel levels on the Edinburgh city bypass and what assessment has been made of any such impact.

Answer · Sarah Boyack: Road Network Management and Maintenance Division (RNMMD) advise that the construction of the A701 improvement, because of its short length, is in itself unlikely to have any traffic impact on the City Bypass. RNMMD have also asked that, as the detailed design…

20 Mar 2000 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-4498 by Sarah Boyack on 2 March 2000, whether there are any binding statutory or legal requirements on Midlothian Council to implement any of the measures to enhance public transport outlined in its notice of intention to develop.

Answer · Sarah Boyack: Implementation of the planning permission is a matter for Midlothian Council who have stated that they are committed to pursuing a package of measures including proposals designed to enhance the potential for public transport, walking and cycling along the ex…

20 Mar 2000 · Written Question

To ask the Scottish Executive whether the details provided to it regarding Midlothian Council's proposals for the A701 in the notice of intention to develop described the project as a Private Finance Initiative/Public Private Partnership project.

Answer · Sarah Boyack: No.

20 Mar 2000 · Written Question

To ask the Scottish Executive whether it had in its possession any details of the financial case, the cost benefit analysis or a multi-modal study whilst considering whether to call in Midlothian Council's proposals for the A701.

Answer · Sarah Boyack: Such details were not made available to the Scottish Executive and were not material considerations in making the decision on the Notice of Intention to Develop.

20 Mar 2000 · Written Question

To ask the Scottish Executive whether it considered the outline business case for the A701 whilst considering whether Midlothian Council's proposals should be called in for a public inquiry.

Answer · Sarah Boyack: An outline business case was not available to the Scottish Executive and was not a material consideration in making the decision on the Notice of Intention to Develop.

20 Mar 2000 · Written Question

To ask the Scottish Executive whether Midlothian Council was given additional borrowing consent to finance the future construction of the A701 realignment and, if so, when such consent was given.

Answer · Sarah Boyack: No additional funds have been allocated to the Council since the award from the Transport Challenge Fund for the A701 project.

20 Mar 2000 · Written Question

To ask the Scottish Executive whether the original challenge funding for the A701 was specifically for developing Private Finance Initiative-based projects and at what stage it was notified that the project would be funded in a conventional manner.

Answer · Sarah Boyack: Midlothian Council was awarded £2.5 million capital consent from the Transport Challenge Fund in 1997 to assist with the development of a procurement option for the A701 New Milton to Straiton project under the Private Finance Initiative. In 1999 the Council …

20 Mar 2000 · Written Question

To ask the Scottish Executive whether Midlothian Council provided details of a badger survey in details provided for its consideration of the overall A701 proposals and whether there is any requirement on the council to carry out such a survey in the future.

Answer · Sarah Boyack: The Environmental Statement which was submitted with the Notice of Intention to Develop (NID) contained details of the first phase of a habitat survey. The statement by Midlothian Council which accompanied the NID acknowledged that additional surveys were req…

20 Mar 2000 · Written Question

To ask the Scottish Executive whether Scottish Enterprise or Lothian and Edinburgh Enterprise Limited allocated money towards the capital costs of completing the A701 realignment and, if so, when such allocation was made.

Answer · Sarah Boyack: Neither Scottish Enterprise nor Lothian and Edinburgh Enterprise Limited have allocated money towards the capital costs of completing the A701 realignment.

20 Mar 2000 · Written Question

To ask the Scottish Executive what assessment was made of whether the proposals for the A701 represent value for money and whether it will provide details of any such assessment considered by it whilst deciding whether to call in the proposals.

Answer · Sarah Boyack: Such an assessment was not made available to the Scottish Executive and was not a material consideration in making the decision on the Notice of Intention to Develop.

20 Mar 2000 · Written Question

To ask the Scottish Executive how many times (a) officials and (b) Ministers visited the proposed route for the A701 whilst assessing whether to call in the A701 proposals for a public inquiry.

Answer · Sarah Boyack: Scottish Executive officials visited the area on several occasions whilst the Notice of Intention to Develop was being considered by the Scottish Ministers and advised Ministers accordingly.

14 Mar 2000 · Written Question

To ask the Scottish Executive whether it will outline any changes in the proposals for the A701 between the project as presented at the planning application stage and the notice of intention to develop considered by it and the project as approved for development.

Answer · Sarah Boyack: The Scottish Executive does not have details of documents presented to the public at stages prior to their submission to the Scottish Ministers.

14 Mar 2000 · Written Question

To ask the Scottish Executive what details it was given of Midlothian Council's plans to finance its proposals for the A701 whilst it considered the case for calling a public inquiry.

Answer · Sarah Boyack: The Scottish Executive did not receive, as part of the Notice of Intention to Develop, any details of Midlothian Council's plans to finance their A701 proposals.

14 Mar 2000 · Written Question

To ask the Scottish Executive what consideration it gave to letters and petitions regarding realignment of the A701 received by it and the former Scottish Office prior to September 1999.

Answer · Sarah Boyack: The Scottish Executive gave full consideration to all letters and petitions received in connection with the Notice of Intention to Develop, whether submitted before or after September 1999.

14 Mar 2000 · Written Question

To ask the Scottish Executive whether it considered Midlothian Council's proposals for the A701 as a Private Finance Initiative project whilst determining whether the proposals required a public inquiry.

Answer · Sarah Boyack: How the proposals were to be financed was not a material consideration in making a decision on the Notice of Intention to Develop.

14 Mar 2000 · Written Question

To ask the Scottish Executive whether it advertised its decision not to call in Midlothian Council's proposals for the A701 realignment and, if so, on what date and where.

Answer · Sarah Boyack: The decision was not advertised as there is no statutory requirement to do so.

14 Mar 2000 · Written Question

To ask the Scottish Executive how many times and on what dates (a) Ministers and (b) officials met members of Midlothian Council to discuss formally their proposals for the realignment of the A701.

Answer · Sarah Boyack: The Minister for Transport and the Environment, together with officials, met members of Midlothian Council on 1 February 2000 to discuss various transport issues in Midlothian. No formal meetings took place with officials in relation to the Notice of Intentio…

14 Mar 2000 · Written Question

To ask the Scottish Executive on how many occasions (a) Ministers and (b) officials corresponded with objectors whilst considering Midlothian Council's proposals to develop a new alignment of the A701.

Answer · Sarah Boyack: The Minister for Transport and the Environment replied to three correspondents whilst considering the Notice of Intention to Develop in respect of proposed transport improvements to the A701. In addition, the Scottish Executive received 60 letters of objectio…

14 Mar 2000 · Written Question

To ask the Scottish Executive whether Midlothian Council's proposals for the A701 are compatible with article 37 of the European Habitat Directive and, if so, how.

Answer · Sarah Boyack: There is no Article 37 in the European Habitats Directive.

8 Mar 2000 · Written Question

To ask the Scottish Executive, now that the A701 is not being funded via the Private Finance Initiative, whether the Challenge Fund money awarded to Midlothian should be withheld.

Answer · Sarah Boyack: The £2.5 million capital consent awarded from the previous Conservative Government's Transport Challenge Fund is being used to help finance the project which, as well as constructing a stretch of dual carriageway from New Milton to Straiton, includes a packag…

8 Mar 2000 · Written Question

To ask the Scottish Executive whether there is any statutory or legal obligation on Midlothian Council to implement the Minister for Transport and the Environment's recommendations regarding the package of sustainable transport measures which form part of proposals for the A701 and what the nature is of any such oblig…

Answer · Sarah Boyack: Implementation of the planning permission is a matter for Midlothian Council.

8 Mar 2000 · Written Question

To ask the Scottish Executive why the numerous objections to the A701 proposals and the proposals' relationship to its wider planning policies relating to the protection of the environment were not considered sufficient material considerations to influence the decision not to hold a public inquiry on the A701 proposal…

Answer · Sarah Boyack: The Scottish Ministers gave careful consideration to all material considerations. They were not, however, considered sufficient to outweigh the policies in the statutory development plan.

8 Mar 2000 · Written Question

To ask the Scottish Executive whether its current integrated transport policies are material considerations in decisions on planning applications.

Answer · Sarah Boyack: There is no statutory definition of "material consideration" and it is ultimately for the Courts to decide what is material. Government policy and guidance are, however, generally regarded as material in decisions on planning applications.

8 Mar 2000 · Written Question

To ask the Scottish Executive whether the approved structure and local plans for Midlothian covering the A701 corridor predate its current integrated transport policies and how those plans reflect its current transport policies.

Answer · Sarah Boyack: The approved structure plan and the adopted local plans for Midlothian predate National Planning Policy Guideline (NPPG) 17: Transport and Planning. The transport policies in the structure plan are considered to be generally in line with the policies in the N…

8 Mar 2000 · Written Question

To ask the Scottish Executive whether it will outline each difference between the A701 project presented to and approved by Ministers and earlier project details presented to the public for consultation as part of the statutory planning process.

Answer · Sarah Boyack: The Scottish Executive does not have details of documents presented to the public at stages prior to their submission to the Scottish Ministers.

8 Mar 2000 · Written Question

To ask the Scottish Executive whether the proposals by Midlothian Council for the A701 approved by the Minister for Transport and the Environment, were verified as being the same as those presented to the public for consultation prior to approval by Midlothian Council on 14 September 1999.

Answer · Sarah Boyack: The Scottish Executive does not have details of documents presented to the public at stages prior to their submission to the Scottish Ministers.

8 Mar 2000 · General Question

To ask the Scottish Executive how many people died because of the incidence of flu this winter.

Answer · Jim Wallace: It is not possible to give a precise answer. Even during a major influenza outbreak, the underlying cause of death is rarely classified as influenza, and doctors do not often mention influenza on the certificate of cause of death. Provisional returns for the …

1 Mar 2000 · SPCB Written Question

To ask the Presiding Officer how the Scottish Parliamentary Corporate Body arrived at its different estimates of the cost of the Holyrood building and its related facilities, and how many different estimates it has been given and by whom.

Answer · David Steel: I advise members to await the publication of Mr Spencely's report which will set such details in context.

22 Feb 2000 · Written Question

To ask the Scottish Executive whether the provisions of the Criminal Procedure (Scotland) Act 1997 (as amended) are compatible with the European Convention on Human Rights within the meaning of section 1 of the Human Rights Act 1998 and, if not, what plans it has to amend the 1997 Act.

Answer · Jim Wallace: We are systematically reviewing all of our activities to identify issues where there is a risk of ECHR challenge. If we believe it is necessary to amend existing legislation in order to comply with the Convention, then we will bring forward proposals for that…

22 Feb 2000 · Written Question

To ask the Scottish Executive whether it has provided or intends to provide any guidance to local authorities as to the application of the provisions of on the Human Rights Act 1998 to the statutory functions of local authorities; if so, when such guidance has been or will be issued and whether any such guidance will …

Answer · Frank McAveety: Guidance on the Human Rights Act, in the form of a booklet A new Era of Rights and Responsibilities: Core Guidance for Public Authorities was issued to all local authorities on 1 February 2000. This guidance is also published on the Internet and copies are av…