Questions and answers

Question reference: S3W-04623

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Wednesday, 26 September 2007
Current Status: Answered by Fergus Ewing on 23 October 2007

To ask the Scottish Executive what recommendations for reform of civil judicial statistics have emerged following the review of civil judicial statistics and when these will be implemented.

The Scottish Governmentis reviewing the scope, quality and presentation of statistics on the civil justicesystem, and will make and implement recommendations for change to ensure that accurate,relevant and timely statistics are collected in a consistent way across Scotland, are published in an appropriate format and are usedwith confidence.

As part of this review,research has recently been carried out with users of civil judicial statistics,to identify their data requirements and suggestions for a revised Civil JudicialStatistics publication. The report setting out the findings from this researchwas published on 5 October in Research with Users of Civil Judicial Statistics,and can be found at:

http://www.scotland.gov.uk/Publications/2007/10/04094856/0.

In addition to this,it is believed that some of the data contained within the Civil Judicial Statisticspublication contain significant inaccuracies and as a result the publication hasbeen suspended whilst these inaccuracies are investigated. The latest availablepublication contains data for 2002.

The Scottish Court Service, the main provider of the data concerned, isworking with Justice Analytical Services to improve the accuracy and level of detailof the civil judicial statistics it collects. This work includes changes to theconfiguration and use of electronic systems for case management and data capturethroughout the civil courts, which will be in place by April 2008.

Question reference: S3W-04617

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Wednesday, 26 September 2007
Current Status: Answered by Fergus Ewing on 23 October 2007

To ask the Scottish Executive how many applications for extensions of time to pay debts were made in the sheriff courts in each year since 2002, broken down by type of order.

The information requestedfor 2002 is given in table 5.1 of Civil Judicial Statistics 2002, which canbe found at http://www.scotland.gov.uk/Publications/2004/02/18897/33079.

The number of applicationsfor extension of time to pay debts made, by type of order, in the sheriff courts,2003 to 2006, is provided in the following table.

Nature of application	2003	2004	2005	2006
Time to pay order (non summary cause)	160	113	194	165
Time to pay order (summary cause)	174	151	270	148

Notes:

1. The data are managementinformation statistics which have not been subjected to the same quality assurancestandards as statistics produced by the Government Statistical Service. In addition,there are general concerns surrounding the accuracy of some of the civil judicialstatistics collected by the Scottish Government. Therefore, the data should be usedwith caution and it should be appreciated that firm conclusions cannot be drawnfrom the data provided.

2. Action is beingtaken to improve the accuracy and reliability of the civil judicial statistics collectedby the Scottish Government.

Question reference: S3W-04621

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Wednesday, 26 September 2007
Current Status: Answered by Fergus Ewing on 23 October 2007

To ask the Scottish Executive how many diligences were executed, including summary warrant, in each year since 2002.

The information requestedfor 2002 is given in tables 5.4 and 5.5 of Civil Judicial Statistics 2002,which can be found at http://www.scotland.gov.uk/Publications/2004/02/18897/33079.

Information on diligencesexecuted, including summary warrant procedures, 2003 to 2006, is provided in thefollowing table. Implementation of the Debt Arrangement and Attachment (Scotland) Act 2002 resulted in changes being made to the datacollected on diligence from 2003 onwards.

Diligence Executed¹	2003	2004	2005	2006
Summary Warrant
Council Tax
Attachments executed	1,191	1,401	1,113	1,658
Reports of attachments^2,3	-	1,836	1,425	1,344
Auction completed following attachment³	79	0	0	1
Exceptional attachments (EA) executed	4	2	6	1
Auction completed following EA³	0	0	0	0
Earnings arrestments executed	104,270	110,760	116,449	123,601
Non-earnings arrestments executed	130,436	155,481	162,762	226,037
Community Charge
Attachments executed	67	14	1	0
Reports of attachments^2,3	-	14	3	0
Auction completed following attachment³	0	0	0	0
Exceptional attachments (EA) executed	0	0	0	0
Auction completed following EA³	0	0	0	0
Earnings arrestments executed	4,180	2,617	952	1,686
Non-earnings arrestments executed	7,758	4,301	3,958	2,777
Other Summary Warrant
Attachments executed	2,037	2,044	1,221	1,964
Reports of attachments^2,3	-	1,521	991	1,001
Auction completed following attachment³	11	13	6	5
Exceptional attachments (EA) executed	0	0	0	1
Auction completed following EA³	0	0	0	0
Earnings arrestments executed	2,084	838	570	455
Non-earnings arrestments executed	12,327	9,369	8,787	11,679
Non-Summary Warrant
Attachments executed	2,741	3,345	4,234	4,547
Reports of attachments^2,3,4	-	2,913	2,037	3,350
Auction completed following attachment³	170	178	204	187
Exceptional attachments (EA) executed	0	63	27	46
Auction completed following EA³	0	0	0	0
Earnings arrestments executed	10,627	11,057	11,295	9,289
Current maintenance arrestments executed	5,978	8,037	11,117	6,035
Non-earnings arrestments (excluding admiralty)
Executed on the dependence	572	492	732	507
Executed in execution	4,429	4,725	4,247	5,153
Admiralty arrestments
Executed on the dependence	12	3	7	12
Executed in execution	42	2	3	244
Inhibitions
Executed on the dependence	1,358	1,804	2,103	2,106
Executed in execution	2,232	2,829	3,318	5,700
Other
Sequestrations for rent executed	9	9	5	2
Decrees for maills and duties executed	41	0	0	0

Notes:

1. This is not anexhaustive list of all diligences available, it includes only those for which the Scottish Government collects data.

2. Information isnot available for 2003.

3. Reports of attachmentsand auctions completed following attachment have been included here for completeness.

4. Information isnot available for quarters 3 and 4 of 2005.

5. The data have beenprovided by sheriff officers and Messengers-at-Arms and have not been subjectedto the same quality assurance standards as statistics produced by the GovernmentStatistical Service. The data are incomplete as not all data returns are completedand returned to the Scottish Government. In addition, there are general concernssurrounding the accuracy of some of the civil judicial statistics collected by the Scottish Government. Therefore, the data should be used with caution and it shouldbe appreciated that firm conclusions cannot be drawn from the data provided.

6. Action is beingtaken to improve the accuracy and reliability of the civil judicial statistics collectedby the Scottish Government.

Question reference: S3W-04624

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Wednesday, 26 September 2007
Current Status: Answered by Fergus Ewing on 23 October 2007

To ask the Scottish Executive what measures it is taking to improve the accuracy of civil judicial statistics and when these will be implemented.

Question reference: S3W-04616

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Wednesday, 26 September 2007
Current Status: Answered by Fergus Ewing on 23 October 2007

To ask the Scottish Executive how it will implement its proposal to exempt dwelling houses from land attachment.

The Scottish Governmentis concerned that the provisions relating to land attachment, contained in the Bankruptcyand Diligence etc. (Scotland) Act 2007, should not have the unintendedconsequence of homelessness for a relatively small debt.

The Scottish Governmentis considering how to best achieve the exemption of the main dwelling house fromland attachment within the wider context of the implementation of diligence reform.

Question reference: S3W-04619

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Wednesday, 26 September 2007
Current Status: Answered by Fergus Ewing on 23 October 2007

To ask the Scottish Executive how many applications for conjoined arrestment orders were made and granted in the sheriff courts in each year since 2002.

The information requestedfor 2002 is given in table 5.3 of Civil Judicial Statistics 2002, which canbe found at http://www.scotland.gov.uk/Publications/2004/02/18897/33079.

The number of applicationsfor conjoined arrestment orders made and granted in the sheriff courts, 2003 to2006, is provided in the following table.

	2003	2004	2005	2006
Applications made	1,660	1,873	2,071	1,588
Applications granted	1,184	1,452	1,544	1,170

Notes:

1. The data are managementinformation statistics which have not been subjected to the same quality assurancestandards as statistics produced by the Government Statistical Service. In addition,there are general concerns surrounding the accuracy of some of the civil judicialstatistics collected by the Scottish Government. Therefore, the data should be usedwith caution and it should be appreciated that firm conclusions cannot be drawnfrom the data provided.

2. Action is beingtaken to improve the accuracy and reliability of the civil judicial statistics collectedby the Scottish Government.

3. An applicationfor a conjoined arrestment order which has been granted may not necessarily resultin an earnings arrestment being carried out.

4. Applications grantedin one year may have been lodged in a preceding year.

Question reference: S3W-04620

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Wednesday, 26 September 2007
Current Status: Answered by Fergus Ewing on 23 October 2007

To ask the Scottish Executive how many diligences were executed under summary warrant for (a) community charge, (b) council tax and (c) other summary warrant in each year since 2002.

Question reference: S3W-04615

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Wednesday, 26 September 2007
Current Status: Answered by Fergus Ewing on 23 October 2007

To ask the Scottish Executive when it will report to the Parliament on a new approach to bankruptcy for debtors with low income and low assets.

The Bankruptcy andDiligence etc. (Scotland) Act 2007 contains provisions outlining a scheme whichwill allow debtors with low income and low assets, who are often unable to obtaindebt relief under the current rules, to apply for their own bankruptcy.

On behalf of the Scottish Government, the Accountant inBankruptcy conducted a consultation exercise to seek views on how the scheme shouldwork. I am grateful to all who took the time to contribute.

Having consideredthe responses, I am pleased to announce that I intend to lay regulations beforeParliament in January to allow this new route into bankruptcy to become availablefrom April 2008.

Question reference: S3W-04622

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Wednesday, 26 September 2007
Current Status: Answered by Fergus Ewing on 23 October 2007

To ask the Scottish Executive when civil judicial statistics for 2003, 2004 and 2005 will be made publicly available.

It is believed thatsome of the data contained within the Civil Judicial Statistics publicationcontain significant inaccuracies and as a result the publication has been suspendedwhilst these inaccuracies are investigated. The latest available publication containsdata for 2002.

The Scottish Court Service, the main provider of the data concerned, isworking with Justice Analytical Services to improve the accuracy and level of detailof the civil judicial statistics it collects. This work includes changes to theconfiguration and use of electronic systems for case management and data capturethroughout the civil courts, which will be in place by April 2008. However, the quality of the data for 2003 to the present is notof an acceptable standard for the statistics to be made publicly available withina statistical publication.

Data from 2003 onwardscontinue to be collected, however,and are available upon request, subject to the amount of work required to providethe requested information.

A notice has beenplaced on the Scottish Government’s website giving further details on the suspension of the Civil JudicialStatistics publication. This notice can be found under the Civil Judicial Statisticssection at http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justice/Publications.

Question reference: S3W-05323

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Tuesday, 09 October 2007
Current Status: Answered by Nicola Sturgeon on 22 October 2007

To ask the Scottish Executive whether transitional funding for NHS Greater Glasgow and Clyde and NHS Highland, following the dissolution of NHS Argyll and Clyde, will be available beyond 2009-10.

Chamber and committees