Campbell Martin

Answer · Cathy Jamieson · 26 Mar 2007

The Executive is currently workingwith the Home Office to put the necessary legislative, operational and contractualrequirements in place to introduce reciprocal transfer arrangements for certaineligible prisoners subject to home detention curfew and plans to do so by theend of the year.</p>

Answer · Cathy Jamieson · 26 Mar 2007

Depending on the facts and circumstancesof an individual case, conduct such as that referred to may constitute part of thecommon law offence of fraud, which requires a practical result attributable to themisrepresentation, or one of a number of offences under the Companies Acts.</p><p>The question of whether criminalproceedings are appropriate in any case is a matter for the Lord Advocate, who cannotraise criminal proceedings unless there is sufficient reliable and credible evidenceand it is in the public interest to prosecute.</p>

Answer · Cathy Jamieson · 26 Mar 2007

There is no offence of “negligentmisstatement” in Scots law. Whether the making of a false statement constitutesan offence, such as the common law offence of fraud, will depend on the facts andcircumstances of a particular case.</p><p>The question of whether criminalproceedings are appropriate in any case is a matter for the Lord Advocate who cannotraise criminal proceedings unless there is sufficient reliable and credible evidenceand it is in the public interest to prosecute.</p>

Answer · Andy Kerr · 27 Mar 2007

The Scottish Licensing of SkinPiercing and Tattooing Working Group was established in June 2006, in responseto the introduction of the licensing of skin piercing and tattooing in Scotland.</p><p>Thecore membership of the working group was based on the existing Royal EnvironmentalHealth Institute of Scotland group who have professional responsibility forthis area. Additional members were invited from Health Protection Scotland,Scottish Executive and the 32 local authorities in Scotland.</p><p>MoragSangster and Mark Perry from the Tattooing and Piercing Industry Union (TPI);Julian Ball from Prestige Medical Ltd and John Manolakis from the Ear PiercingManufacturers of Europe Ltd participated in an advisory role.</p><p>Themembership of the group is as follows:</p><p>MrGraham Robertson (Chair),<b> </b>Executive Council Member, REHIS</p><p>DrCarole McRae, Epidemiologist,Health Protection Scotland </p><p>MrsKerry Chalmers, Public Health Team, Scottish Executive</p><p>MrSimon Brownlee, East Dunbarton Council, West of Scotland Liaison Group </p><p>MrSteve Dunn, Perth and Kinross Council, Central, Fife and Tayside Group </p><p>MissRuth Ewing, Dundee City Council, Central, Fife and Tayside Group </p><p>MrMartin Gibb, Glasgow City Council, West of Scotland Liaison Group </p><p>Mr JohnLee, Highland Council, North of Scotland Liaison Group </p><p>MsLorrainne MacGillivray, West Dunbarton Council, West of Scotland Group </p><p>Mr IainMcCluskey, West Lothian Council, Lothian and Borders Group </p><p>MissHeather Taylor, Edinburgh City Council, Lothian and Borders Group. </p><p>As a result of the Working Groupamendments were made to the licensing regulation in Scotland, a nationaltraining event was held and national conditions and guidance were produced.</p>

Answer · Cathy Jamieson · 18 Dec 2006

Operational policing is a matterfor individual Chief Constables. Strathclyde Police was allocated in the regionof £496 million, out of a total police budget of almost £1.1 billion for 2006-07.In the last five years alone funding for Strathclyde Police has increased by £125.4million and the number of police officers has risen by 472 with support staff risingby 895.</p>

Answer · Tom McCabe · 17 Nov 2006

The Common Good originated asrevenues from properties belonging to the early Burghs of Scotland. The Common Good,as these revenues were then termed, is of great antiquity and there is no equivalentin English local government although the term remains current in Scotland. Essentially,the Common Good denoted all property of a Burgh not acquired under statutory powersor held under special trusts. Historically, the Common Good became a useful additionto the main revenues and the Local Government (Scotland) Act 1947 empowered Countiesand Burghs without a Common Good fund to set up a reserve to promote the generalgood of the inhabitants or dignity of the Burgh.</p><p>Common good assets belongingto the Burghs of Scotland were incorporated into the new local government bodiesset up under local government reform in 1975 and 1994 when the Burghs became partof District and Regional Councils and then councils.</p><p>Dueto the historical, non-statutory, nature of the Common Good, views on what may constitutea common good asset, as opposed to other property or land owned by a local authority,may in particular disputed cases have to be resolved. Section 75 of the Local Government(Scotland) Act 1973 provides that if a local authority wants to dispose of landforming part of the common good, where thereis a question as to the right of the council to dispose of the land, the council may apply to the Court of Session or the sheriffcourt to authorise the council to dispose of the land. The court have discretionto authorise disposal, subject to such conditions as they may impose. This statutoryprovision applies to common good land, not other land held by a council.</p><p>All local authorities are required,by the Local Government in Scotland Act 2003, to adhere to proper accounting practicesand the <i>Code of Practice on Local Authority Accounting in the United Kingdom– Statement of Recommended Practice</i> requires that common good accounts shouldbe shown separately.</p>

Answer · Allan Wilson · 30 Oct 2006

A section 36 application forthe Corlick Hill, Greenock wind farm was received on 9 May 2003. Following objectionsfrom Inverclyde Council and other consultees, a Public Inquiry was held in March2005.</p><p>Under the Electricity Act 1989,Scottish ministers must fully consider all material issues, including the conclusionsand recommendations made by the Public Inquiry reporter. There is no set timescalefor the overall decision making process. In the event of further relevant evidencebeing presented which has not been addressed by the reporter and which would leadto the Scottish ministers disagreeing with the reporter’s recommendation, ministerswould re-open the Public Inquiry.</p>

Answer · Tavish Scott · 9 Nov 2006

The A737 Den Improvement Schemeis being promoted and funded by North Ayrshire Council.</p><p>The scheme programme, and measuringprogress against it, is the responsibility of North Ayrshire Council and requiresto fit in with other planned improvements on the route in order to manage the levelof disruption to the travelling public.</p><p>The scheme at the Den could bebrought forward if the scheme planned at Barrmill Road slips due to objections andno objections to the Den Orders are received. Progressing Transport Scotland’s elementsis dependent on the timely supply of all the necessary material from the councilincluding draft Orders, Environmental Report, draft Record of Determination, draftEnvironmental Statement (if required) Geotechnical Certification and design andconstruction details.</p><p>The Scottish Executive’s sourcefor the earlier anticipated start date of June 2006 advised to you in September2005 was North Ayrshire Council, and based on its anticipated programme at thattime.</p><p>Decisions relating to the principleof the council proceeding with the scheme on the Trunk Road were reached in May2003. Decisions taken relating to technical aspects, environmental and statutoryprocesses and programming have been on-going both prior to and since June 2006.This will continue as the council works through its programme until constructionof the scheme is complete.</p><p>Transport Scotland hasthe operational responsibility for this area, and can be contacted for more informationif required.</p>