Chamber and committees

One representation was received recently about the prosecution rate in such cases in one area; we will reply shortly. Victims in such cases sometimes make representations where they are dissatisfied with the decision in the case which involves them. However, except where there is a clear and irremediable insufficiency of evidence (so that prosecution would be unlawful), decisions in rape and other serious sexual assault cases, as in other types of very serious crime, are taken by Crown Counsel and not by procurators fiscal.

The Crown Office and Procurator Fiscal Service is increasing its staffing levels. At 1 August 2001 it employed 1,181.4 full-time equivalent (FTE) staff. At 1 August 2002 this number had risen to 1,306.6 staff (FTE). Since May 2002 the department has recruited 29 new Depute Fiscals and a recruitment exercise is for further depute posts will commence in September. The department is currently recruiting area business managers for each of the 11 fiscal areas and will be holding a recruitment/selection exercise for further administrative posts in fiscal offices in the autumn.

Contamination of water supplies may constitute one of a number of offences, some of which cover a wider range of conduct than merely contamination of the supply. We cannot, therefore, identify such cases without a manual search of all possible papers. Similarly, we could not identify cases involving officials of former water companies without a manual search.

No recent discussions have taken place.

The provisions of The Cryptosporidium Directions 2002 requires Scottish Water to take account of the number of grazing animals on a catchment. Scottish Water does not control the livestock management practices on the vast majority of its catchments and so has limited ability to reduce the risk of cryptosporidium from this source. Where Scottish Water is in a position to control the livestock management practices, such as on part of the Loch Katrine catchment, steps are being taken to reduce the risk of cryptosporidium by eliminating the presence of grazing animals in line with the recommendations of the OCT report from Greater Glasgow Health Board and the risk reduction requirements contained in the directions. The Cryptosporidium Directions 2002 restate the provision in The Cryptosporidium Direction 2000, to take account of the provisions of The Water Industry (Scotland) Act 2002. The detail of the directions is unchanged.

No such information has been sought at present.

Such representations may be made in a wide variety of ways. On a Scotland-wide basis, the Crown Office and Procurator Fiscal Service is represented on the District Courts Working Group and that provides a focus for discussion of a variety of issues. The most recent agenda included ways in which procurators fiscal could help courts in the Highlands to meet their target for delays between pleading diets and trials and electronic communication between procurators fiscal and courts. From time to time, the District Courts Association makes representations but it has not done so recently. Certain representations were made to the Justice 2 Committee Inquiry into the Crown Office and Procurator Fiscal Service and a response was made to that committee. At local level, there are regular conversations between Justices, their clerks and procurators fiscal about issues of local application.

The Council Directive 98/83/EC on the quality of water intended for human consumption provides a sound basis for both the consumers throughout the EU and the supplier of drinking water by setting minimum standards for drinking water. The implementation of this directive in Scotland through The Water Supply (Water Quality) (Scotland) Regulations 2001 sets standards for drinking water quality that are at least as strict and in some cases far stricter than that required by the directive. Enforcement of the regulations is the responsibility of the Drinking Water Quality Regulator for Scotland (DWQRfS), who was appointed under the provisions of the Water Industry (Scotland) Act 2002, who has ample powers to secure compliance.

Discussions between officials in the Department of Environment, Food and Rural Affairs and the Scottish Executive regarding legislation pertaining to drinking water quality take place on a routine basis. The most recent such meeting relating to public water supplies took place on 5 July 2002.

The Lord Advocate has very recently received one representation in relation to such ratios in Grampian and will reply shortly. A number of representations on this general subject were made during the passage of the Sexual Offences (Procedures and Evidence) Scotland Act 2002 and it was raised in some of the responses to the Vital Voices consultation.