James Kelly

27 Jun 2011 · Written Question

To ask the Scottish Executive what its position is on drink banning orders.

Answer · Kenny MacAskill: Drink Banning Orders are civil orders intended to tackle drink related antisocial behaviour or nuisance and protect others from it. Our approach to tackling antisocial behaviour, Promoting Positive Outcomes, was jointly published with COSLA in March 2009. Thi…

27 Jun 2011 · Written Question

To ask the Scottish Executive what its view is on banning people from public parks through the use of antisocial behaviour notices.

Answer · Roseanna Cunningham: Antisocial Behaviour Notices are provided for in Part 7 of the Antisocial Behaviour etc. (Scotland) Act 2004. This provides the power for a local authority to act against a private landlord in connection with antisocial behaviour by the tenant of a house let …

27 Jun 2011 · Written Question

To ask the Scottish Executive what plans it has to bring forward a law that will permit previous convictions to be used as evidence in court.

Answer · Kenny MacAskill: The Scottish Law Commission is considering this issue as a part of its project on "Similar Fact Evidence and the Moorov Doctrine". The Commission expect to present a final report to ministers by the end of 2011, at which point ministers will consider closely …

27 Jun 2011 · Written Question

To ask the Scottish Executive whether it will ban visitors who are caught smuggling drugs into prison from future visits.

Answer · Kenny MacAskill: I have asked John Ewing, Chief Executive of the Scottish Prison Service, to respond. His response is as follows: “The Scottish Prison Service is committed to reducing the introduction of all illicit drugs into prison establishments. If a visitor is caught at…

27 Jun 2011 · Written Question

To ask the Scottish Executive whether it will introduce a victims’ fund modelled on the Victim and Witness General Fund in England and Wales.

Answer · Kenny MacAskill: The Scottish Government has announced its intention to introduce a Bill that will build on the progress that has already been made in enhancing victims’ rights and that will implement the requirements of the proposed Directive of the European Parliament and o…

27 Jun 2011 · Written Question

To ask the Scottish Executive what discussions it has had with football supporters’ clubs regarding new criminal offences relating to sectarian and offensive behaviour at football matches.

Answer · Roseanna Cunningham: No individual meetings have taken place with supporters clubs to date regarding the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill. However, a stakeholder engagement event on the Bill on 17 June 2011, was attended by representa…

27 Jun 2011 · Written Question

To ask the Scottish Executive whether it will include representatives from football supporters’ clubs in the Joint Action Group on Football set up following the Old Firm summit on 8 March 2011.

Answer · Roseanna Cunningham: The Joint Action Group (JAG) has representation from the Scottish Football Association (SFA), the Scottish Premier League (SPL), the Scottish Football League (SFL), Rangers Football Club, Celtic Football Club and Strathclyde Police. At the final JAG meeting…

27 Jun 2011 · Written Question

To ask the Scottish Executive whether it will consider rolling out Strathclyde Police's Domestic Abuse Task Force across Scotland.

Answer · Kenny MacAskill: Strathclyde Police’s Domestic Abuse Task Force is an innovative model which is achieving great success in targeting criminality by serious domestic abuse offenders. Many other police forces from Scotland, the rest of the UK and indeed even further afield, hav…

27 Jun 2011 · Written Question

To ask the Scottish Executive when it will commence section 18 of the Criminal Justice and Licensing (Scotland) Act 2010.

Answer · Kenny MacAskill: Section 18 of the Criminal Justice & Licensing (CJ&L) (Scotland) Act 2010 allows for the implementation of the Custodial Sentences and Weapons (CSAW) (Scotland) Act 2007, as modified in line with suggestions made by the McLeish Commission. The Commission rec…

27 Jun 2011 · Written Question

To ask the Scottish Executive what the annual cost will be of maintaining police officer numbers at current levels during this parliamentary session.

Answer · Kenny MacAskill: In 2011-12 the cost of maintaining the 1,000 additional officers is in the order of £32 million. It is estimated that this will rise annually in line with police pay progression during this parliamentary session.

27 Jun 2011 · Written Question

To ask the Scottish Executive when it will bring forward legislative proposals on the structural reform of police forces.

Answer · Kenny MacAskill: I am meeting with stakeholders over the summer to discuss police reform, and will make an announcement on the next steps in the autumn.

27 Jun 2011 · Written Question

To ask the Scottish Executive whether it plans to abolish prison sentences of six months or less.

Answer · Kenny MacAskill: I refer the member to the answer to question S4W-00498 on 14 June 2011. All answers to written Parliamentary Questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/MAQASearch/…

27 Jun 2011 · Written Question

To ask the Scottish Executive what its position is on the view of the Scottish Prisons Commission that prison sentences of six months or less should be discouraged.

Answer · Kenny MacAskill: I refer the member to the answer to question S4W-00498 on 14 June 2011. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/parliamentarybusi…

27 Jun 2011 · Written Question

To ask the Scottish Executive whether it plans to review sexual offences legislation.

Answer · Kenny MacAskill: The Scottish Government is monitoring implementation of the Sexual Offences (Scotland) Act 2009, which came into force on 1 December 2010, on an ongoing basis. The Scottish Government also intends to introduce measures to ensure that judges will direct jurie…

27 Jun 2011 · Written Question

To ask the Scottish Executive how it plans to allow communities to decide on the work that offenders serving community sentences should carry out locally.

Answer · Kenny MacAskill: The Scottish Government introduced a Scottish Statutory Instrument (SSI 2011/1), which came into force on 1 February 2011. That instrument provides a list of prescribed persons whom local authorities are legally obliged to consult. Accompanying guidance was a…

27 Jun 2011 · Written Question

To ask the Scottish Executive what discussions it has had with football supporters’ clubs regarding sectarianism.

Answer · Roseanna Cunningham: The Scottish Government recognises the importance of engaging with football supporters on this agenda. That is why, following the Football Summit in March, we provided further funding to Supporters Direct in Scotland to engage directly with football supporter…

15 Jun 2011 · General Question

To ask the Scottish Executive what action is being taken to collect uncollected fiscal fines.

14 Jun 2011 · Written Question

To ask the Scottish Executive, further to the answer to question S4W-00306 by Roseanna Cunningham on 10 June 2011, when it expects to make a statement regarding how it will proceed with legislation in relation to high hedges.

Answer · Roseanna Cunningham: I refer the member to the answer to question S4W-306 on 10 June 2011. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/apps2/business/PQA/…

7 Jun 2011 · Written Question

To ask the Scottish Executive what advice it has received regarding the legality of withdrawing its funding from the UK Supreme Court.

Answer · Kenny MacAskill: The Scottish Government does not disclose internal legal advice or whether such advice has been sought.

7 Jun 2011 · Written Question

To ask the Scottish Executive when each member of the review group considering the roles of the High Court of Justiciary and the UK Supreme Court was approached to sit on the group.

Answer · Kenny MacAskill: Lord McCluskey was approached on 2 June 2011 and the other members on 2 and 3 June 2011.

7 Jun 2011 · Written Question

To ask the Scottish Executive what its position is on the role of the UK Supreme Court in the Scottish legal system.

Answer · Kenny MacAskill: The Scottish Government has been consistent in its view that the Scottish courts should make the final decision in Scottish criminal cases and that the UK Supreme Court should have no role in such matters. That position reflects the distinctive, independent n…

7 Jun 2011 · Written Question

To ask the Scottish Executive what its position is on the role of the European Convention on Human Rights in the Scottish legal system.

Answer · Kenny MacAskill: The Scottish Government supports the European Convention on Human Rights and its incorporation into domestic law. However, we believe that he means of doing so should not place Scotland in a more difficult position than other jurisdictions. We also believe t…

7 Jun 2011 · Written Question

To ask the Scottish Executive what the expected cost is of the review of the roles of the High Court of Justiciary and the UK Supreme Court.

Answer · Kenny MacAskill: The cost of the review, inclusive of secretariat support, accommodation and expenses, is expected to be in the region of £35,000.

7 Jun 2011 · Written Question

To ask the Scottish Executive what the remuneration package is for each member of the review group considering the roles of the High Court of Justiciary and the UK Supreme Court.

Answer · Kenny MacAskill: Members of the review group will be reimbursed for reasonable expenses, but will not otherwise receive any remuneration.

3 Jun 2011 · Written Question

To ask the Scottish Executive when the Scottish Sentencing Council will be set up.

Answer · Kenny MacAskill: There are provisions for a Scottish Sentencing Council, in the Criminal Justice and Licensing (Scotland) Act 2010, (http://www.legislation.gov.uk/asp/2010/13/part/1/crossheading/the-scottish-sentencing-council/enacted, which will establish a council when they…

3 Jun 2011 · Written Question

To ask the Scottish Executive when it will publish an updated Scottish Strategy for Victims.

Answer · Kenny MacAskill: I refer the member to the answer to question S4W-151 on 31 May 2011. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/D…

3 Jun 2011 · Written Question

To ask the Scottish Executive whether it plans to abolish prison visiting committees.

Answer · Kenny MacAskill: The Scottish Government has not yet reached any conclusions following the recent consultation on independent monitoring of prisons. We will do so in due course.

3 Jun 2011 · Written Question

To ask the Scottish Executive what funding it has provided to the UK Supreme Court in each year since it started operating in 2009.

Answer · Kenny MacAskill: The Scottish Government has made the following funding contribution to the UK Supreme Court since it started operating in 2009: 1 October 2009 to 31 March 2010: £238,779 1 April 2010 to 31 March 2011: £477,556 1 April 2011 to 30 June 2011: £119,389

3 Jun 2011 · Written Question

To ask the Scottish Executive how many whole-time equivalent police support staff were employed in each quarter from May 2007 to May 2011, broken down by police force area.

Answer · Kenny MacAskill: Over the course of the last Parliament, the number of police support staff increased by 1.2%, to stand at 7,444 full-time equivalent (FTE) on 31 March 2011. Data are provided below for each quarter from 31 March 2007 to 31 March 2011. Police Support Staff …

3 Jun 2011 · Written Question

To ask the Scottish Executive, further to the answer to question S3W-40242 by Kenny MacAskill on 14 March 2011, when it will next publish an audit of community service.

Answer · Kenny MacAskill: The results of the 2010 audit of community service are available on the Scottish Government website at: http://www.scotland.gov.uk/Topics/Justice/public-safety/offender-management/offender/community/examples/6822.