Chamber and committees

The Scottish Executive has no plans to combine planning and title conditions.

The Scottish Executive shares in Partnerships UK (PUK) are held in a share category established specifically for a holding by ministers and not for open market trading. Financial information on PUK is available from Companies House at www.companieshouse.gov.uk.

The non-profit distributing organisation (NPDO) model is being piloted as an alternative option to the standard PPP approach and was not designed to replace the standard PPP approach.

The pilot has already been successful in attracting competitive bids, thus passing a key market test. It will have to demonstrate value for money in the same manner as every other schools PPP project in order to gain confirmationof Scottish Executive funding prior to contract signing. Other authorities interested in this approach, and their professional advisers, have been kept fully appraised of developments during the pilot, and a broader-based exposition of the pilot will be offered to interested public authorities and the market following contract close later this year.

No. PPP, including use of private finance, uses robust forms of procurement process, contractual arrangements, specification, and firmness of price.

No. PFI/PPP is one method of infrastructure investment in a “mixed economy” approach pursued by the Scottish Executive. The proportion of the total infrastructure investment delivered through PPP will vary annually dependant on the types of projects being brought forward by NHS boards and their suitability, on value for money grounds, for delivery through PPP.Details of the total infrastructure investment plan can be found within Building a Better Scotland, Infrastructure Investment Plan: Investing in the Future of Scotland launched on 25 February and which can be accessed at http://www.scotland.gov.uk/library5/finance/iipifs-00.asp.

HM Treasury issued new guidance for Value for Money assessment in Public Private Partnerships in August 2004. The Executive’s Financial Partnerships Unit is currently adapting it for application in Scotland, in consultation with public sector clients, Audit Scotland, and key commercial advisers. It is expected to be issued formally later this year.

The Scottish Executive has no plans to introduce national title and planning conditions.

In certain types of employment, violent incidents feature as a regular and inevitable part of the work and there is a need to use physical restraint to prevent self-harm, violence to staff or property being damaged. Employmentwhere restraint equipment is used includes police forces; prison and prisoner escort services; certain social care and mental health services; the Immigration Service; HM Customs and Excise, and the military. Airlines operating long-haul flights to and from UK airports also carry handcuffs orother forms of passenger restraint.

The obligation placed on the Scottish Executive and other public bodies to comply with Convention rights in areas for which they responsible applies to everyone in Scotland regardless of their nationality or residence. The obligation placed on the Scottish Executive only extends to compliance of the Convention in relation to matters within the devolved competence of the Scottish Parliament.

The courts are responsible for enforcing compliance with Convention rights. Under the terms of the Human Rights Act 1998, all public authorities are required to act in a way that complies with the European Convention on Human Rights. Individuals whose rights have been breached by a public authority can take their case before the Scottish courts and ultimately to the European Court of Human Rights in Strasbourg.

In addition, under the terms of the Scotland Act, the Scottish Parliament and Executive are bound to comply with the European Convention on Human Rights. If they do not comply, and if a Scottish court upholds a challenge, actions of the Scottish ministers and the Scottish Parliament can be struck down as being unlawful.