- Asked by: Jean Urquhart, MSP for Highlands and Islands, Independent
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Date lodged: Friday, 27 June 2014
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Current Status:
Answered by Kenny MacAskill on 25 July 2014
To ask the Scottish Government whether it considers the European Court of Justice as a valid avenue of appeal in relation to criminal cases in which interim suspension of sentence is granted pending appeal on the grounds of violation of human rights.
Answer
A Scottish court can refer a question of interpretation of EU law to the European Court of Justice (ECJ) for a preliminary ruling. It is for the courts to determine if the circumstances of any particular case permit or justify a reference to the ECJ. It would be possible for an issue involving rights under the European Charter of Fundamental Rights to be referred to the ECJ for a ruling on how EU law should be interpreted in a domestic context. However, this mechanism could not be used to refer a question relating to the European Convention on Human Rights (ECHR) to the ECJ.
Determination of legal issues relating to the ECHR is generally for the domestic courts. Where it is considered that the domestic courts have not properly decided an ECHR issue, a direct application may be made to the European Court of Human Rights. However, this process requires an applicant to have exhausted all domestic remedies before making an application.
- Asked by: Jean Urquhart, MSP for Highlands and Islands, Independent
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Date lodged: Friday, 27 June 2014
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Current Status:
Answered by Paul Wheelhouse on 18 July 2014
To ask the Scottish Government whether it considers that the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 to 2020 have beneficial implications for the purchase of forests by community bodies.
Answer
The Scottish Government’s priority is to support Scotland’s community empowerment agenda, in particular through encouraging asset and land ownership. We recognise that in a limited number of circumstances state aid can be a barrier to community aspirations. However, the new European Union rules for State aid in the agricultural and forestry sector 2014-2020, are aligned to the EU Rural Development Regulations and the measures brought forward under each member state’s rural development programmes; as such as the guidelines are not primarily designed to address community land purchases.
To help support communities and address incidences where potential state aid occurs, the Scottish Government is working to prepare guidance on the interpretation of the state aid rules for community land purchases.
- Asked by: Jean Urquhart, MSP for Highlands and Islands, Independent
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Date lodged: Friday, 27 June 2014
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Current Status:
Answered by Nicola Sturgeon on 15 July 2014
To ask the Scottish Government to which body judicial oaths of office and allegiance will be directed in the event of independence.
Answer
The Scottish Government has no plans to change judicial oaths of office and allegiance in the event of independence. These oaths will continue to be directed to the Queen and to the law itself.
- Asked by: Jean Urquhart, MSP for Highlands and Islands, Independent
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Date lodged: Tuesday, 03 June 2014
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Current Status:
Answered by Alasdair Allan on 17 June 2014
To ask the Scottish Government what its position is on introducing accredited courses in Polish at local authority schools and introducing exams in the subject at (a) National 4, (b) National 5 and (c) Higher level as part of the curriculum for excellence.
Answer
Local Authorities are responsible for decisions about what courses should be taught in schools and this includes whether to introduce any accredited courses in Polish.
In terms of qualifications, the Scottish Qualifications Authority (SQA) has validated Polish as part of the suite of languages represented in the Languages for Work Purpose Units (up to SCQF level 7) and Polish can also be studied as part of the new SQA Languages for Life and Work Award (SCQF levels 3 and 4). SQA has also validated Polish as part of their Higher National Units at SCQF level 6, 7 and 8 – these are offered by colleges.
I met with representatives from the Polish community on 26 March 2014, together with SQA, and agreed that SQA would explore what might be done to support staff in Polish schools, to raise awareness and help improve uptake of these existing qualifications. An update on these issues will be provided by SQA and Education Scotland at a future meeting of the Parliament’s cross party group on Poland.
- Asked by: Jean Urquhart, MSP for Highlands and Islands, Independent
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Date lodged: Tuesday, 27 May 2014
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Current Status:
Answered by Keith Brown on 5 June 2014
To ask the Scottish Government whether tolls can be levied on the use of (a) roads and (b) bridges and, if so, under what legislation.
Answer
The Scottish Government has a clear policy against the use of road and bridge tolls now or any time in the future.
- Asked by: Jean Urquhart, MSP for Highlands and Islands, Independent
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Date lodged: Wednesday, 14 May 2014
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Current Status:
Answered by Keith Brown on 29 May 2014
To ask the Scottish Government, further to the answer to question S4W-20903 by Keith Brown on 12 May 2014, for what reasons an alternative route certificate was not required.
Answer
No existing road was included in the A87 Skye crossing, therefore there was no alternative route and a certificate was not required.
A certificate would only be produced in certain circumstances. Firstly, the special road scheme for the A87 Skye crossing would have to include not just the new road to be constructed but also incorporate part of an existing trunk or local road into the route.
Secondly, if part of an existing road was included in the line of the special road, the toll order would need to authorise the charging of tolls over that existing road or part of it.
If both of these circumstances occurred, the toll order would have to be subject to special Parliamentary procedure before it was made, unless there was another reasonably convenient route free of toll that was available or was going to be provided and the Secretary of State certified accordingly.
- Asked by: Jean Urquhart, MSP for Highlands and Islands, Independent
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Date lodged: Wednesday, 14 May 2014
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Current Status:
Answered by Keith Brown on 29 May 2014
To ask the Scottish Government whether the Road Traffic Act 1960 has been repealed in whole or in part and, if so, by what Act, and when the repeal provision came into force.
Answer
Information regarding the status of the Road Traffic Act 1960 is in the public domain and can be obtained through the National Archives website at:
www.legislation.gov.uk
- Asked by: Jean Urquhart, MSP for Highlands and Islands, Independent
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Date lodged: Wednesday, 14 May 2014
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Current Status:
Answered by Keith Brown on 29 May 2014
To ask the Scottish Government, further to the answer to question S4W-20567 by Keith Brown on 22 April 2014, whether a special road scheme raised under section 7 of the Roads (Scotland) Act 1984 is itself a legislative instrument when it prescribes a route to be a special road and the types of traffic that may or may not use that route.
Answer
A scheme made under section 7 of the Roads (Scotland) Act 1984 is a Scottish statutory instrument and is subordinate legislation.
- Asked by: Jean Urquhart, MSP for Highlands and Islands, Independent
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Date lodged: Wednesday, 21 May 2014
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Current Status:
Taken in the Chamber on 28 May 2014
To ask the Scottish Government what measures it is taking to sustain employment in Caithness and north Sutherland.
Answer
Taken in the Chamber on 28 May 2014
- Asked by: Jean Urquhart, MSP for Highlands and Islands, Independent
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Date lodged: Wednesday, 30 April 2014
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Current Status:
Answered by Keith Brown on 12 May 2014
To ask the Scottish Government, further to the answer to question S4W-20531 by Keith Brown on 22 April 2014, whether this constitutes official confirmation that there is no reasonably convenient alternative route that has no ferry or toll.
Answer
No.S4W-20531 confirmed that an alternative route certificate was not required.