Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S4W-16669

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 08 August 2013
Current Status: Answered by Paul Wheelhouse on 2 September 2013

To ask the Scottish Government whether the Land Reform (Scotland) Act 2003 provides the right to (a) cross land and (b) use any structure designed to facilitate passage, such as a level crossing.

The Land Reform (Scotland) Act 2003:

a) provides that everyone has statutory access rights to cross land in Scotland, except land specified in or under section 6 of the Act. A person has access rights only if they are exercised responsibly.

b) does not specifically consider the position of level crossings.

In 2010 the Law Commission and the Scottish Law Commission published a joint consultation paper setting out a number of proposals and questions about how the law relating to level crossings might be reformed. In this, the commissioners refer to private level crossings as crossings over which there is a private right of way. There is no statutory definition of a private level crossing.

In their joint consultation paper the commissions took the view that:

The public do not automatically have a right of way over a private level crossing, but such a right could be established by operation of the law of prescription, namely uninterrupted use of the crossing over a continuous period of 20 years. In the absence of a core path, access rights do not apply in respect of private level crossings over an operational railway there is no automatic right under Scots law for a member of the public to use a private level crossing (as opposed to a public level crossing).

The 2010 consultation document on level crossings (Scottish Law Commission Discussion Paper 143) is available at: http://www.scotlawcom.gov.uk/publications/discussion-papers-and-consultative-memoranda/2010-present

The Commissions’ Report on Level Crossings is expected to be published in autumn 2013.

Question reference: S4W-16674

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 08 August 2013
Current Status: Answered by Keith Brown on 30 August 2013

To ask the Scottish Government what assessment it has made of the Kilcreggan to Gourock ferry service.

Question reference: S4W-16673

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 08 August 2013
Current Status: Answered by Keith Brown on 30 August 2013

To ask the Scottish Government what process it will follow in determining whether to take over the running of the Kilcreggan to Gourock ferry service.

Any request for the Scottish Government to assume responsibility for a ferry service will be assessed on a case-by-case basis and would be progressed following a formal request by the party responsible for the provision of the service, in this case Strathclyde Partnership for Transport.

The Scottish Government is willing to take on responsibility for all “lifeline” ferry services. This commitment was set out in detail in the Scottish Government’s Ferries Plan, published on 19 December 2012. Appendix 5 of the Ferries Plan sets out a number of “principles” that the Scottish Government will take into account when considering a possible transfer of responsibility. This appendix can be viewed by following the attached link:

http://www.transportscotland.gov.uk/strategy-and-research/publications-and-consultations/j254579-20.htm.

Question reference: S4W-16675

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 08 August 2013
Current Status: Answered by Keith Brown on 30 August 2013

To ask the Scottish Government what ferry services are supported by non-government agencies.

Question reference: S4W-16672

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 08 August 2013
Current Status: Answered by Keith Brown on 30 August 2013

To ask the Scottish Government what criteria apply to the designation of ferry services as lifeline services.

Question reference: S4W-16574

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Friday, 02 August 2013
Current Status: Answered by Alex Neil on 30 August 2013

To ask the Scottish Government how much Salus, set up by NHS Lanarkshire, will receive from ATOS for work on DWP assessments.

Question reference: S4W-16575

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Friday, 02 August 2013
Current Status: Answered by Alex Neil on 30 August 2013

To ask the Scottish Government when NHS Lanarkshire established Salus and what governance and financial arrangements are in place.

Question reference: S4W-16576

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Friday, 02 August 2013
Current Status: Answered by Alex Neil on 30 August 2013

To ask the Scottish Government whether staff working for Salus remain employees of NHS Lanarkshire.

Question reference: S4W-16577

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Friday, 02 August 2013
Current Status: Answered by Alex Neil on 30 August 2013

To ask the Scottish Government when the then Cabinet Secretary for Health and Wellbeing met with Salus and/or NHS Lanarkshire to discuss the awarding of the contract with ATOS.

Question reference: S4O-02336

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Wednesday, 28 August 2013
Current Status: Taken in the Chamber on 4 September 2013

To ask the Scottish Government how an independent Scotland would deal with the impact of European pension regulations.