- Asked by: Irene Oldfather, MSP for Cunninghame South, Scottish Labour
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Date lodged: Monday, 04 March 2002
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Current Status:
Answered by Jim Wallace on 18 March 2002
To ask the Scottish Executive, further to the answer to question S1W-15753 by Mr Jim Wallace on 11 July 2001, whether it supports the change of mind by the Scottish Law Commission, as stated at paragraph 1.13 of their Report on Boundary Division Walls; on what basis this change of mind came about; what reconsideration was given to the Commission's consultation paper and the Stair Memorial Encyclopaedia on this issue; what importance can be attached to the change of Commissioners at the commission, and what plans it has to ensure that a clear, consistent and uniform policy on this matter is adopted and maintained.
Answer
I refer the member to the answer given to question S1W-23641 on 15 March 2002.
- Asked by: Irene Oldfather, MSP for Cunninghame South, Scottish Labour
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Date lodged: Monday, 04 March 2002
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Current Status:
Answered by Jim Wallace on 18 March 2002
To ask the Scottish Executive whether Professor KGC Reid was a member of the Scottish Law Commission at the time the commission published its Report on Boundary Division Walls in March 1998 and, if so, whether he had been a member for three years and whether paragraph 223 in Volume 18 of the Stair Memorial Encyclopaedia on "Ownership and Maintenance" as published in 1993 was compiled by him while he was a member of the commission.
Answer
The Scottish Law Commission is an independent body of legal experts established by the Law Commissions Act 1965. Commissioners are appointed by Scottish ministers; Professor Kenneth Reid was first appointed on a part-time basis in October 1995 and on a full-time basis in January 1999. As these questions otherwise raise operational matters, the member may wish to approach the Scottish Law Commission itself.
- Asked by: Irene Oldfather, MSP for Cunninghame South, Scottish Labour
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Date lodged: Monday, 04 March 2002
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Current Status:
Answered by Jim Wallace on 18 March 2002
To ask the Scottish Executive whether there was a team of three Commissioners in operation prior to the publication of the Scottish Law Commission's Report on Boundary Division Walls, which was responsible for property considerations and, if so, for how long this team was in operation and whether Professor KGC Reid was a member of it.
Answer
I refer the member to the answer given to question S1W-23642.
- Asked by: Irene Oldfather, MSP for Cunninghame South, Scottish Labour
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Date lodged: Monday, 04 March 2002
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Current Status:
Answered by Jim Wallace on 18 March 2002
To ask the Scottish Executive whether it supports the statement in the Stair Memorial Encyclopaedia (Volume 18, paragraph 223) that "the modern law is not now in doubt"; whether, at the time of the encyclopaedia's publication, the Scottish Law Commission was expressing and demonstrating that doubt existed and was promoting a view in direct conflict with this statement and whether the author of this paragraph was aware of the commission's position at the time.
Answer
I refer the member to the answer given to question S1W-23641.
- Asked by: Irene Oldfather, MSP for Cunninghame South, Scottish Labour
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Date lodged: Monday, 04 March 2002
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Current Status:
Answered by Jim Wallace on 15 March 2002
To ask the Scottish Executive, further to the answer to question S1W-15753 by Mr Jim Wallace on 11 July 2001, whether it supports the use by the Scottish Law Commission in paragraph 1.5 of its Report on Boundary Division Walls (footnote 7) of the Stair Memorial Encyclopaedia (Volume 18, paragraph 223) to justify the commission's opinion that the law on March Fence Type Divisions had been changed from ownership "pro-indiviso" to ownership to mid-line only ("ad medium filum") when at the time of publication of this encyclopaedia in 1993 the commission itself (a) had in a letter to Mr David Lambie MP in October 1990 stated that research commissioned by itself had shown that case law on the subject was confused, consisting of essentially two lines of decision which cannot be satisfactorily reconciled, (b) had issued in June 1992 a consultation paper on Mutual Boundary Walls which confirmed this confusion in this aspect of the law but suggested that holding as "pro-indiviso" common property should be confirmed and asking inter alia whether legislation to clarify and settle the matter was required, (c) stated that the matter was still open and under consideration, including the consultee responses, when the Encyclopaedia was published in 1993 and (d) issued in December 1990, a discussion paper (No. 91) on the law of the tenement in which the proposals supported the use of "pro-indiviso" common property for walls dividing property ownership, which in the commission's own words 'met with general support from consultees'.
Answer
It would not be appropriate for the Executive to comment on the detailed considerations taken into account by the Scottish Law Commission in the preparation of its reports. I can confirm, however, that the Executive agrees the conclusions of the commission's report on boundary walls.
- Asked by: Irene Oldfather, MSP for Cunninghame South, Scottish Labour
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Date lodged: Tuesday, 26 February 2002
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Current Status:
Answered by Jim Wallace on 12 March 2002
To ask the Scottish Executive, further to the answer to question S1W-21993 by Mr Jim Wallace on 20 January 2002, whether it will discuss with Her Majesty's Government the different practices which currently exist between the UK Government and the Scottish Parliament in regard to the exemption of officials from jury duty.
Answer
The statutory right of excusal from jury duty is not a reserved matter and the Scottish Parliament could vary the categories to which the right of excusal extends, if it wished to do so. As indicated in the answer I gave to question S1W-21993 on 20 January 2002, we have no plans to introduce legislation for that purpose at present. It is worth noting that the report by Lord Justice Auld, following his review of the criminal courts in England and Wales, recommended that, except for those who have recently undertaken or have been excused by the court from jury service, no-one in England and Wales should be excusable from jury service as of right, only on showing good reason for excusal.
- Asked by: Irene Oldfather, MSP for Cunninghame South, Scottish Labour
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Date lodged: Wednesday, 27 February 2002
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Current Status:
Answered by Nicol Stephen on 7 March 2002
To ask the Scottish Executive what plans it has to raise awareness of and promote the learning of modern languages among young people.
Answer
Information leaflets for parents and pupils outlining the benefits of language skills were published on 25 February. These will be distributed to local authorities for their pupils and parents during the next few weeks.
- Asked by: Irene Oldfather, MSP for Cunninghame South, Scottish Labour
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Date lodged: Wednesday, 20 February 2002
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Current Status:
Answered by Mary Mulligan on 28 February 2002
To ask the Scottish Executive what steps it is taking to encourage healthy eating amongst pregnant women.
Answer
Pregnancy is a major life event. This should be reflected in the way that women are cared for and look after themselves during pregnancy, childbirth and after the baby is born. The Scottish Diet Action Plan, Eating for Health, provides the framework to improve diet across all population groups in Scotland, including pregnant women.
- Asked by: Irene Oldfather, MSP for Cunninghame South, Scottish Labour
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Date lodged: Friday, 25 January 2002
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Current Status:
Answered by Iain Gray on 19 February 2002
To ask the Scottish Executive whether there are any penalty clauses under the terms of its contract with EAGA Partnership (Scotland) for any extreme delays in the installation of central heating for elderly people under its central heating installation programme.
Answer
There are no such clauses. EAGA are required to spend the budget each year and all applications will be dealt with as quickly as possible.
- Asked by: Irene Oldfather, MSP for Cunninghame South, Scottish Labour
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Date lodged: Friday, 25 January 2002
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Current Status:
Answered by Lewis Macdonald on 14 February 2002
To ask the Scottish Executive what representations it has made to Her Majesty's Government regarding the location of the European Maritime Safety Agency.
Answer
The Scottish Executive is in regular contact with the UK Government on a wide range of issues, including the location of the European Maritime Safety Agency.
