Parliamentary questions
Lord James Douglas-Hamilton
566 questions tabled in the Scottish Parliament, most recent first.
15 Nov 1999 · Written Question
To ask the Scottish Executive what estimates were made during 1997-98 and 1998-99 in relation to the cost to the civil and criminal justice systems in Scotland of implementation of the European Convention of Human Rights.
Answer · Jim Wallace: Following the Comprehensive Spending Review in 1998, provision was made for the Crown Office, the Legal Aid Fund and the Scottish Courts Service to take account of the cost of ECHR issues arising in criminal and civil proceedings under the Scotland Act and th…
15 Nov 1999 · Written Question
To ask the Scottish Executive what implications there are arising from the judgement on temporary sheriffs for (a) adjourned trials and (b) continued civil cases, and whether it will list the current numbers in each category.
Answer · Jim Wallace: There are currently 41 part heard trials before temporary Sheriffs and 36 continued civil cases. Procurators fiscal will invite temporary Sheriffs to discharge diets and fix a date for a permanent Sheriff to hear the criminal cases. With regard to civil cases…
15 Nov 1999 · Written Question
To ask the Scottish Executive whether it will make a statement to the Parliament once the full implications of the ruling against the use of temporary sheriffs are clear.
Answer · Jim Wallace: Yes.
15 Nov 1999 · Written Question
To ask the Scottish Executive what would be the estimated expenditure required to fill the gap left by the recent ruling against the use of temporary sheriffs if permanent sheriffs are employed in their place, and from where this funding could come.
Answer · Jim Wallace: Any savings in the cost of fees payable to temporary Sheriffs will be allocated to meet the costs of employing the additional floating Sheriffs who are to be appointed.<FONT FACE="Arial" SIZE=2><P>Ministers will consider longer-term finance issues once the im…
15 Nov 1999 · Written Question
To ask the Scottish Executive what the immediate financial implications are of the recent ruling against the use of temporary sheriffs.
Answer · Jim Wallace: I refer to the answer given to question S1W-2550.
15 Nov 1999 · Written Question
To ask the Scottish Executive whether temporary sheriffs sat more in certain areas of Scotland than others, and whether the recent ruling against the use of temporary sheriffs will result in a disproportionate amount of pressure in the courts of certain areas and, if so, whether it will take immediate action to stop t…
Answer · Jim Wallace: Temporary Sheriffs have been deployed wherever required to cover for the absence of permanent Sheriffs or where exceptional caseloads have had to be dealt with. It follows that some courts have made more use than others of temporary Sheriffs. The Sheriffs Pri…
15 Nov 1999 · Written Question
To ask the Scottish Executive whether it will guarantee that the recent ruling against the use of temporary sheriffs will not prevent criminal and civil cases being heard owing to a paucity of judges.
Answer · Jim Wallace: All the criminal and civil business which is brought before the court will be dealt with by the permanent Sheriffs.
15 Nov 1999 · Written Question
To ask the Scottish Executive whether it will guarantee that convicted and sentenced prisoners will not be released into the community as a result of the recent ruling against the use of temporary sheriffs, and whether it will detail what percentage of prisoners convicted within the last year appeared before temporary…
Answer · Jim Wallace: Anyone imprisoned following conviction by a temporary sheriff is detained under a valid warrant and must continue to be detained in the absence of a successful appeal against conviction. It is, of course, for the Appeal Court to determine the outcome of any s…
15 Nov 1999 · Written Question
To ask the Scottish Executive whether it is under an obligation to implement any and every ruling in Scotland arising out of the European Convention on Human Rights.
Answer · Jim Wallace: Section 57 of the Scotland Act provides that members of the Scottish Executive have no power to make any subordinate legislation or to do any other act so far as the legislation or act is incompatible with the rights and freedoms set out in the European Conve…
15 Nov 1999 · Written Question
To ask the Scottish Executive, in the light of the recent ruling against the use of temporary sheriffs, whether it will review the role of the Lord Advocate as a member of the Scottish Executive.
Answer · Donald Dewar: No.
15 Nov 1999 · Written Question
To ask the Scottish Executive whether the Lord Advocate's role in the appointment of all judges will be reviewed, and whether any possible changes are under consideration.
Answer · Jim Wallace: In my statement to the Parliament on 11 November I made clear that we would be issuing a consultation paper on the arrangements for recommending appointment of Judges and Sheriffs, including the question of the role of Ministers in the process.
15 Nov 1999 · Written Question
To ask the Scottish Executive whether it agrees with the recent ruling that temporary sheriffs cannot be independent.
Answer · Jim Wallace: I shall make a further statement on this matter once we have considered the judgements issued by the High Court on 11 November and a decision has been taken on the question of an Appeal to the Judicial Committee of the Privy Council.
15 Nov 1999 · Written Question
To ask the Scottish Executive what percentage of the time of the sheriff courts was taken up with cases before temporary sheriffs for each of the last three years, how many full time sheriffs would have to be appointed to meet the shortfall arising as a result of the recent ruling against the use of temporary sheriffs…
Answer · Jim Wallace: On average temporary Sheriffs have provided between 20% and 25% of the sitting days in the Sheriff Courts. The use of temporary Sheriffs for new business has been suspended whilst Ministers consider the implications of the judgements issued by the High Court…
15 Nov 1999 · Written Question
To ask the Scottish Executive, following the suspension of Scotland's temporary sheriffs, whether a guarantee will be given that all of those charged with crimes of violence will have their cases brought to court satisfying the 110 day rule.
Answer · Andrew Hardie: The recent decision of the High Court in the case of <I>Starrs and Chalmers</I> against the Procurator Fiscal at Linlithgow does not affect the preparation of cases for trial in the High Court or Sheriff Court.<FONT FACE="Arial" SIZE=2><P>Steps have been take…
15 Nov 1999 · Written Question
To ask the Scottish Executive whether it is considering the possibility of emergency legislation following the recent ruling against the use of temporary sheriffs, and whether there will be an appeal against the ruling.
Answer · Andrew Hardie: The recent decision by the High Court of Justiciary in relation to the use of temporary sheriffs remains under consideration. An appeal to the Judicial Committee of the Privy Council is competent and a decision on whether to pursue this will be made in due co…
15 Nov 1999 · Written Question
To ask the Scottish Executive, following recent discussions between the Lord Advocate and the Sheriffs Principal, what further measures, if any, in addition to any contingency plans will or may be put in place following the recent ruling against the use of temporary sheriffs.
Answer · Jim Wallace: A total of 10 new permanent posts are being created. Sheriffs Principal are submitting proposals to Ministers for the initial deployment of these new Sheriffs who will be able to serve anywhere in Scotland, as the need arises.<FONT SIZE=2>
15 Nov 1999 · Written Question
To ask the Scottish Executive what contingency plans are being put in place to deal with the situation arising out of the recent ruling against the use of temporary sheriffs.
Answer · Jim Wallace: The Sheriffs Principal, who are responsible for the allocation of business in their Sheriffdoms, have adopted a number of measures to suit local circumstances. Criminal cases which might otherwise run into time-bar difficulties will be prioritised as will civ…
4 Nov 1999 · Written Question
To ask the Scottish Executive what its current policy is towards Scots domiciled persons who commit murders overseas and who are not subject to supervisory requirements when returned to Scotland.
Answer · Jim Wallace: I refer to the answer given to S1W-852 on 2 September.
3 Nov 1999 · Written Question
To ask the Scottish Executive whether it is required to authorise PFI/PPP funding arrangements for upgrading the A701, and if so, whether Midlothian Council has applied for such authorisation, whether it has approved any application, and whether any proposals by Midlothian Council to upgrade the A701 have direct or in…
Answer · Sarah Boyack: Midlothian Council originally applied to the Scottish Office for the development of the A701 proposals as a PFI project and £2.5m additional capital consent was awarded from the previous Government's Transport Challenge Fund to help them develop such a specif…
3 Nov 1999 · Written Question
To ask the Scottish Executive how Midlothian Council intends to finance the proposed upgrading of the A701.
Answer · Sarah Boyack: The Council intends to finance the project by conventional procurement methods. £2.5 million capital consent awarded from the previous Government's Transport Challenge Fund continues to be advanced to the Council on the agreed phased arrangements to set again…
3 Nov 1999 · Written Question
To ask the Scottish Executive whether it has received from Midlothian Council a quantified cost benefit analysis of the proposed upgrading of the A701, including outline costs for the project and for alternatives to the project.
Answer · Sarah Boyack: The Scottish Executive received from Midlothian Council an outline business case for upgrading of the A701 as part of developing a PFI specification for the project. The outline business case includes a quantified cost benefit analysis, an assessment of the u…
2 Nov 1999 · Written Question
To ask the Scottish Executive whether it has a policy toward the recording of material for inclusion in future literary diaries by its Ministers.
Answer · Donald Dewar: The Executive does not have a formal policy on the recording of material for inclusion in future literary diaries by Ministers. However, the principle of collective responsibility and the confidential nature of discussions between Ministers and their civil se…
2 Nov 1999 · Written Question
To ask the Scottish Executive what plans it has to tackle youth crime in Scotland.
Answer · Sam Galbraith: The Scottish Executive's policies on crime generally are set out in <I>Making it Work Together</I>. On youth crime the work of the children's hearings system and the courts aims to tackle offending behaviour through a range of measures. The Cabinet recently d…
18 Oct 1999 · Written Question
To ask the Scottish Executive whether it is, as a matter of policy, taking steps to reduce the proportion of written parliamentary questions which receive a holding reply.
Answer · Donald Dewar: I refer the Member to the answer given to question S1W-2044.
18 Oct 1999 · Written Question
To ask the Scottish Executive what is the average length of time it takes to provide a substantive reply to written parliamentary questions after the issue of a holding reply.
Answer · Donald Dewar: I refer the Member to the answer given to question S1W-2044.
18 Oct 1999 · Written Question
To ask the Scottish Executive how many times it has given holding replies to written parliamentary questions and what percentage of the written parliamentary questions which it has been asked this represents.
Answer · Donald Dewar: Holding replies have been issued on 956 occasions, which represents 42% of 2,271 written questions tabled to date.<FONT FACE="Arial" SIZE=2><P>The Executive aims to give a substantive answer within 14 days where possible and wishes to improve on present perfo…
27 Sep 1999 · Written Question
To ask the Scottish Executive whether it will seek up to date advice from Historic Scotland on the best ways to protect the extensive Roman remains at Cramond, in view of the current proposed development for Cramond Campus and the Cramond Sewage Pumping Station, and whether it will give directions on this matter.
Answer · Rhona Brankin: Historic Scotland has been in discussion with the proposed developers and the local planning authority about proposed developments which would affect the extensive Roman remains at Cramond. The Roman fort and civil settlement at Cramond is a scheduled monumen…
9 Sep 1999 · Written Question
To ask the Scottish Executive whether it will take steps to build, within the next two years, safety barriers on all dual carriageways where they do not currently exist.
Answer · Sarah Boyack: There are 12 miles on the A77 around Kilmarnock without safety barriers. Subject to the availability of funding, safety barriers will be installed by 2000-01.
8 Sep 1999 · General Question
To ask the Scottish Executive whether it will take steps to build, within the next two years, safety barriers on all dual carriageways where they do not currently exist.
Answer · Sarah Boyack: There are 12 miles on the A77 around Kilmarnock without safety barriers. Subject to the availability of funding, safety barriers will be installed by 2000-01.
7 Sep 1999 · SPCB Written Question
To ask the Presiding Officer whether the Scottish Parliamentary Corporate Body was made aware that the medallion to commemorate the opening of the Scottish Parliament was associated with an English coat of arms and whether steps will be taken to ensure that a similar association does not arise in future.
Answer · David Steel: The Royal Mint manufactured and supplied the medallions which displayed the appropriate Scottish coat of arms. The lining of all Royal Mint presentation cases contain the Royal Mint’s crest, which is their corporate insignia.