Parliamentary questions
Lord James Douglas-Hamilton
566 questions tabled in the Scottish Parliament, most recent first.
22 Feb 2000 · Written Question
To ask the Scottish Executive whether it has any plans to carry out a review as to whether the legislation currently in force relating to the education of children is compatible with the European Convention on Human Rights within the meaning of section 1 of the Human Rights Act 1998 and, if so, whether it will publici…
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 carried out or intends to carry out a review of the legislation relating to the operation of the prison system to determine whether (a) the procedures relating to the detention of prisoners in young offenders institutions and prisons, (b) the rights and privileges accorded …
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 the powers currently exercised by police officers to search persons and property and to detain and arrest persons 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 la…
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 the provisions of Part VIII of the Civic Government (Scotland) Act 1982 (as amended), relating to the repair and maintenance of buildings, powers of entry to buildings, the execution of works on buildings and the recovery of expense incurred executing works on buildings are compat…
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 the provisions of the legal Aid (Scotland) Act 1986 (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 1986 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 the provisions of section 41 of the Civic Government (Scotland) Act 1982 (as amended) relating to the granting of public entertainment licences are compatible with the European Convention on Human Rights within the meaning of section 1 of the Human Rights Act 1998 and, if not, wha…
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 the provisions of the Civic Government (Scotland) Act 1982 (as amended), relating to the licensing and regulation of taxis and private hire cars are compatible with the European Convention on Human Rights within the meaning of section 1 of the Human Rights Act 1998 and, if not, wh…
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 the provisions of the Licensing (Scotland) Act 1976 (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 1976 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…
18 Feb 2000 · Written Question
To ask the Scottish Executive (a) what is the definition of a trunk road and what attributes a road must have to be classified as a trunk road; (b) what trunk road route or routes there are to the north from Edinburgh and the Lothians; (c) why the whole of the A9 is a trunk road with exception of the Cramond Brig to t…
Answer · Sarah Boyack: Shaping the Trunk Road Network, a consultation paper published by the then Scottish Office Transport Minister in 1994, identified the following criteria for determining a trunk road:<DIR><DIR><P>provide the road user with a coherent and continuous system of r…
17 Feb 2000 · Written Question
To ask the Scottish Executive whether the A701 in Midlothian is compatible with current planning guidance and, if so, how.
Answer · Sarah Boyack: The project was in accord with the statutory development plan. Before structure plans are approved, Ministers need to be satisfied that they are in line with current planning guidance.
17 Feb 2000 · Written Question
To ask the Scottish Executive whether details of alternatives to the proposed upgrading of the A701 and details of the cost benefit analysis of the project were made available during public consultation.
Answer · Sarah Boyack: The Scottish Executive does not have this information. These are matters for Midlothian Council.
17 Feb 2000 · Written Question
To ask the Scottish Executive why it did not require Midlothian Council to undertake a full multi-modal corridor study prior to allowing the council to proceed with the A701 project.
Answer · Sarah Boyack: The Scottish Ministers took the view that the proposals, which were in accord with the statutory development plan, did not merit call-in.<FONT FACE="Arial" SIZE=2><P>The letter intimating this decision to Midlothian Council emphasised that the Scottish Minist…
17 Feb 2000 · Written Question
To ask the Scottish Executive whether there is any statutory obligation for Midlothian Council to put in place each of the public transport elements, including extra bus services, real time information and bus priority measures that formed a part of Midlothian Council's original Private Finance Initiative based propos…
Answer · Sarah Boyack: There are no statutory obligations on the Council to implement the original Private Finance Initiative based proposals. However, the Notice of Intention to Develop in respect of improvements to the A701, which was submitted to the Scottish Ministers, was acco…
17 Feb 2000 · Written Question
To ask the Scottish Executive whether the outline business case for the A701 and details of the cost/benefit analysis of the multi-modal corridor will be made available in the Scottish Parliament Information Centre.
Answer · Sarah Boyack: It is for Midlothian Council to decide which documents are made available to the Scottish Parliament Information Centre.
17 Feb 2000 · Written Question
To ask the Scottish Executive, further to the answer to question S1W-2285 by Sarah Boyack on 22 November 1999, which of the documents referred to are available to the public and which are restricted and for what reasons.
Answer · Sarah Boyack: The documents relating to the outline bid for Transport Challenge Funding and the outline business case for upgrading of the A701 are not available to the public since these contain commercial in confidence information. Relevant documents in relation to the N…
17 Feb 2000 · Written Question
To ask the Scottish Executive whether all details of the outline business case for the A701 improvements were made available to the public during consultation at the planning stage.
Answer · Sarah Boyack: The Scottish Executive does not have details on the availability of documents to the public at stages prior to their submission to the Scottish Ministers.
17 Feb 2000 · Written Question
To ask the Scottish Executive whether all documents submitted by Midlothian Council in its application to the Executive for permission to construct the A701 through the Edinburgh greenbelt are made available to the public and, if so, where, and whether it will outline the reasons for any restrictions in access.
Answer · Sarah Boyack: Relevant documents in relation to the Notice of Intention to Develop for the construction of the A701 are available at the public libraries in Roslin, Penicuik and Loanhead and at the Council offices at Fairfield House, Dalkeith. There is no restriction on a…
17 Feb 2000 · Written Question
To ask the Scottish Executive whether it is satisfied that Midlothian Council met all statutory requirements in relation to public consultation on its proposals to construct the new A701 through the Edinburgh green belt.
Answer · Sarah Boyack: The responsibility for meeting all the statutory requirements in relation to public consultations on these proposals rests with Midlothian Council.
17 Feb 2000 · Written Question
To ask the Scottish Executive, further to the answer to question S1W-2331 by Sarah Boyack on 10 December 1999, whether it will provide full details of how Midlothian Council intends to finance the A701 Midlothian Project and any implications for council tax levels in Midlothian.
Answer · Sarah Boyack: Further to my previous answer, how Midlothian Council finance the project and the implications for council tax are matters for them.
17 Feb 2000 · Written Question
To ask the Scottish Executive whether every written objection to the proposals for the A701 will receive a written reply outlining why the Scottish Executive did not call a public inquiry.
Answer · Sarah Boyack: It has never been the practice to notify decisions to everyone who has submitted written objections to a proposal and there are no plans to introduce such arrangements.
16 Feb 2000 · General Question
To ask the Scottish Executive what its policy is towards NHS Trust deficits.
Answer · Susan Deacon: All NHS Trusts have a duty to ensure high quality patient care whilst maintaining financial balance.<P>Should a Trust overspend, it is required in conjunction with its health board to produce a recovery plan that will continue to protect patient care whilst m…
15 Feb 2000 · Written Question
To ask the Scottish Executive whether it intends to appoint temporary Sheriffs and temporary Judges to fill the current judicial deficit; if so, what method of appointment will be used and what terms and conditions will apply to these appointments.
Answer · Jim Wallace: This is under active consideration. No final decision will be taken before a current case in the Court of Session has been concluded.
15 Feb 2000 · Written Question
To ask the Scottish Executive how many hearings in civil litigation have been postponed due to the unavailability of Sheriffs in each of Linlithgow, Stirling, Falkirk, Dundee, Hamilton, Lanark, Dunfermline, Haddington and Edinburgh Sheriff Courts.
Answer · Jim Wallace: The following table shows the number of civil hearings adjourned due to lack of temporary shrieval resources in the Sheriff Courts at Linlithgow, Stirling, Falkirk, Dundee, Hamilton, Lanark, Dunfermline, Haddington and Edinburgh for the period 1 November 1999…
15 Feb 2000 · Written Question
To ask the Scottish Executive whether the instructions of Sheriffs Principal to Sheriffs to cancel leave, attendance at conferences or courses and writing days will now be withdrawn.
Answer · Jim Wallace: The Scottish Executive did not issue any instructions on these matters. Any steps taken by individual Sheriffs Principal were in accordance with their statutory duty to secure the speedy and efficient disposal of business in their Sheriffdoms. I have already …
15 Feb 2000 · Written Question
To ask the Scottish Executive what the average time period was between plea and trial in each of Linlithgow, Stirling, Falkirk, Dundee, Hamilton, Lanark, Dunfermline and Haddington Sheriff Courts (a) before the judgement and (b) since the judgement in the Starrs and Chalmers case.
Answer · Jim Wallace: The following table shows the average waiting periods between plea and trial in October 1999 (preceding the judgement in the Starrs and Chalmers case) and December 1999 for the Sheriff Courts at Linlithgow, Stirling, Falkirk, Dundee, Hamilton, Lanark, Dunferm…
15 Feb 2000 · Written Question
To ask the Scottish Executive whether the target time period between plea and trial for summary trials in the Sheriff Court is approximately 12 weeks.
Answer · Jim Wallace: Sheriffs Principal have set target periods of 12 weeks between plea and summary trial for each Sheriff Court in their Sheriffdoms.
15 Feb 2000 · Written Question
To ask the Scottish Executive how many hearings in civil litigation in the Court of Session have been postponed due to the unavailability of Judges following the suspension of temporary Judges.
Answer · Jim Wallace: Adjustments to the programme in the Court of Session after 11 November 1999 have resulted in six cases set down for proof being reallocated to later dates.
15 Feb 2000 · Written Question
To ask the Scottish Executive how many of the 12 new permanent Sheriffs appointed in December 1999 had been recommended for appointment by Sheriffs Principal; whether candidates more experienced for these posts than those appointed were considered and rejected and, if so, why.
Answer · Jim Wallace: Nine of those appointed were included in the list of those recommended by the Sheriffs Principal. Two of the others were serving members of the procurator fiscal service and one was Senior Counsel with considerable High Court experience who had also served as…
15 Feb 2000 · Written Question
To ask the Scottish Executive how many of the 12 new permanent Sheriffs appointed in December 1999 were previously (a) advocates depute or (b) procurators fiscal.
Answer · Jim Wallace: (a) two and (b) four, including two who had served in both capacities at different times.
15 Feb 2000 · Written Question
To ask the Scottish Executive how many of the 12 new permanent Sheriffs appointed in December 1999 previously held temporary Sheriff commissions and, of these, how many had held commissions as temporary Sheriffs for more than two years.
Answer · Jim Wallace: Eight of the new appointees had held Commissions as temporary Sheriffs, of whom one had held his commission for more than two years.