- Asked by: Roseanna Cunningham, MSP for Perth, Scottish National Party
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Date lodged: Monday, 12 May 2003
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Current Status:
Answered by Andy Kerr on 3 June 2003
To ask the Scottish Executive whether the Scottish Schools Standard PPP Contract will be amended to take account of the Public Private Partnerships in Scotland Protocol and Guidance Concerning Employment Issues.
Answer
An amendment to the Scottish Schools Standard PPP Contract is planned for the summer and will incorporate the relevant obligations on contractors arising from the Scottish Executive/Scottish Trade Union Congress Staffing Protocol.
- Asked by: Roseanna Cunningham, MSP for Perth, Scottish National Party
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Date lodged: Monday, 12 May 2003
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Current Status:
Answered by Malcolm Chisholm on 3 June 2003
To ask the Scottish Executive whether it will produce a standard contract for hospital public private partnerships.
Answer
A standard form contract for use in NHSScotland is currently under development and will be published shortly.
- Asked by: Roseanna Cunningham, MSP for Perth, Scottish National Party
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Date lodged: Thursday, 08 May 2003
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Current Status:
Answered by Andy Kerr on 3 June 2003
To ask the Scottish Executive what obligations education authorities will have under the (a) Code of Practice on Government Information (1997) and (b) Freedom of Information Act 2002 as referred to in clause 59.7.2 of the Scottish Schools Standard PPP Contract.
Answer
I refer the member to the answer given to question S2W-32 today. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/search_wa.
- Asked by: Roseanna Cunningham, MSP for Perth, Scottish National Party
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Date lodged: Thursday, 08 May 2003
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Current Status:
Answered by Cathy Jamieson on 3 June 2003
To ask the Scottish Executive what response it will make to the European Commission's green paper, Procedural Safeguards for Suspects and Defendants in Criminal Proceedings throughout the European Union.
Answer
I would refer the member to the answer given to S2W-34 today. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/search_wa.
- Asked by: Roseanna Cunningham, MSP for Perth, Scottish National Party
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Date lodged: Thursday, 08 May 2003
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Current Status:
Answered by Cathy Jamieson on 3 June 2003
To ask the Scottish Executive what steps it has taken to ensure that all countries of the European Union recognise an order made in Scotland for sei'ure of the proceeds of crime where there is no preceding criminal conviction.
Answer
The civil recovery scheme in the Proceeds of Crime Act 2002 provides for the making of orders in Scotland in relation to moveable property outside Scotland. An interim administration order may require a person to whose property the order relates to bring that property to Scotland, or to do anything he or she is reasonably required to do by the interim administrator for the preservation of the property. The requirement may be made in relation to moveable property wherever situated. A person who does not comply may be found in contempt of court and liable to a fine or imprisonment or both.
- Asked by: Roseanna Cunningham, MSP for Perth, Scottish National Party
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Date lodged: Thursday, 08 May 2003
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Current Status:
Answered by Cathy Jamieson on 3 June 2003
To ask the Scottish Executive what minimum procedural safeguards for suspects and defendants in criminal proceedings it considers necessary as part of judicial co-operation in the European Union.
Answer
The UK Government, on behalf of the UK as a whole, is considering the extent to which action at EU level on this issue is appropriate. The green paper published by the Commission on minimum procedural standards does not contain firm proposals for action but rather identifies certain basic rights and proposes a number of questions about the setting of standards in these areas. At the invitation of the UK Government, we submitted views to it on the issues raised in the green paper and understand that the Government will be making its response to the Commission shortly. It has undertaken to provide details of its response to the European Scrutiny Committee of both Houses of the Westminster Parliament and I will write to the member when these details are available.
- Asked by: Roseanna Cunningham, MSP for Perth, Scottish National Party
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Date lodged: Thursday, 08 May 2003
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Current Status:
Answered by Cathy Jamieson on 3 June 2003
To ask the Scottish Executive whether it will report on the discussion of minimum procedural safeguards for suspects and defendants in criminal proceedings at the Council of the European Union's informal meeting on justice and home affairs held on 28 and 29 March 2003.
Answer
A report of the discussion at the informal Justice and Home Affairs Committee meeting, including the discussion of European Commission's green paper on procedural safeguards in criminal proceedings, was given in the answer by the Home Secretary to a written parliamentary question from Mr Simon Hughes MP. The question and answer are contained in Hansard for 15 May at column 434W.
- Asked by: Roseanna Cunningham, MSP for Perth, Scottish National Party
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Date lodged: Monday, 12 May 2003
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Current Status:
Answered by Margaret Curran on 2 June 2003
To ask the Scottish Executive to what extent the specific duties of NHS boards under article 2 of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 apply to a private contractor providing a hospital as part of a public private partnership with a board.
Answer
I refer the member to the answer given to question S2W-72 today. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/search_wa.
- Asked by: Roseanna Cunningham, MSP for Perth, Scottish National Party
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Date lodged: Monday, 12 May 2003
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Current Status:
Answered by Elish Angiolini on 2 June 2003
To ask the Scottish Executive, further to the answer to question S1W-26602 by Mrs Elish Angiolini on 30 July 2002, how many (a) reports have been sent to the procurator fiscal and (b) convictions have been obtained under sections (i) 68(1), (ii) 68(2), (iii) 68(3), (iv) 68(5), (v) 69(1), (vi) 69(2) and (vii) 70(1) of the Licensing (Scotland) Act 1976 in 2002-03 in each sheriff court district.
Answer
The information requested, for the period 2002-03, is as follows:Records indicate that no reports were sent to the procurator fiscal in respect of sections 68(5) or 70(1) of the Licensing Scotland Act during the period.A breakdown of the number of cases containing charges under sections 68(1), 68(2), 68(3), 68(5), 69(1) and 69(2) and the number of convictions on charges under those sections, broken down by procurator fiscal office is shown in the following table.It should be noted that:
(a) It is possible that cases reported contained other charges - for different offences or under other sections of the Licensing (Scotland) Act - that resulted in convictions, which do not show up in the data provided;(b) The data provided does not show how many such charges were prosecuted; (c) The data provided does not show charges in respect of which non-court action was taken, and (d) Some of the cases reported during the period may not yet have reached a conclusion.Period 2002-03
| Office | S681 | Conviction | S682 | Conviction | S683 | Conviction | S691 | Conviction | S692 | Conviction | Total Reports | Total Convictions |
| Aberdeen | 2 | 0 | 0 | 0 | 4 | 1 | 0 | 0 | 0 | 0 | 6 | 1 |
| Airdrie | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 1 | 0 | 3 | 0 |
| Alloa | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Arbroath | 1 | 1 | 4 | 1 | 4 | 1 | 1 | 0 | 0 | 0 | 10 | 3 |
| Ayr | 9 | 4 | 9 | 7 | 11 | 6 | 1 | 1 | 2 | 0 | 32 | 18 |
| Banff | 0 | 0 | 0 | 0 | 2 | 1 | 0 | 0 | 0 | 0 | 2 | 1 |
| Campbeltown | 0 | 0 | 2 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 3 | 1 |
| Cupar | 0 | 0 | 0 | 0 | 2 | 1 | 0 | 0 | 0 | 0 | 2 | 1 |
| Dingwall | 0 | 0 | 0 | 0 | 3 | 3 | 0 | 0 | 0 | 0 | 3 | 3 |
| Dornoch | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Dumbarton | 3 | 0 | 0 | 0 | 2 | 1 | 0 | 0 | 0 | 0 | 5 | 1 |
| Dumfries | 1 | 0 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 3 | 1 |
| Dundee | 2 | 0 | 4 | 0 | 4 | 4 | 0 | 0 | 0 | 0 | 10 | 4 |
| Dunfermline | 1 | 0 | 1 | 0 | 6 | 0 | 0 | 0 | 0 | 0 | 8 | 0 |
| Dunoon | 1 | 0 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 3 | 0 |
| Duns | 0 | 0 | 0 | 0 | 2 | 1 | 0 | 0 | 0 | 0 | 2 | 1 |
| Edinburgh | 6 | 1 | 2 | 0 | 6 | 1 | 0 | 0 | 0 | 0 | 14 | 1 |
| Elgin | 2 | 0 | 0 | 0 | 4 | 3 | 0 | 0 | 0 | 0 | 6 | 3 |
| Falkirk | 4 | 0 | 1 | 0 | 2 | 0 | 0 | 0 | 0 | 0 | 7 | 0 |
| Forfar | 0 | 0 | 0 | 0 | 2 | 2 | 0 | 0 | 0 | 0 | 2 | 2 |
| Fort william | 1 | 0 | 1 | 0 | 4 | 2 | 0 | 0 | 0 | 0 | 6 | 2 |
| Glasgow | 9 | 1 | 5 | 0 | 41 | 8 | 0 | 0 | 0 | 0 | 55 | 9 |
| Greenock | 2 | 0 | 1 | 0 | 3 | 3 | 0 | 0 | 0 | 0 | 6 | 3 |
| Haddington | 1 | 0 | 0 | 0 | 3 | 0 | 0 | 0 | 0 | 0 | 4 | 0 |
| Hamilton | 2 | 0 | 0 | 0 | 4 | 2 | 0 | 0 | 0 | 0 | 6 | 2 |
| Inverness | 3 | 0 | 2 | 0 | 8 | 3 | 0 | 0 | 0 | 0 | 13 | 3 |
| Jedburgh | 0 | 0 | 0 | 0 | 2 | 1 | 0 | 0 | 0 | 0 | 2 | 1 |
| Kilmarnock | 12 | 0 | 4 | 0 | 10 | 4 | 1 | 0 | 0 | 0 | 27 | 4 |
| Kirkcaldy | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Kirkcudbright | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Kirkwall | 0 | 0 | 0 | 0 | 2 | 1 | 0 | 0 | 0 | 0 | 2 | 1 |
| Lanark | 1 | 1 | 1 | 0 | 2 | 0 | 0 | 0 | 0 | 0 | 4 | 1 |
| Lerwick | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 0 |
| Linlithgow | 1 | 0 | 1 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 3 | 1 |
| Lochmaddy | 0 | 0 | 0 | 0 | 3 | 3 | 0 | 0 | 0 | 0 | 3 | 3 |
| Oban | 1 | 0 | 0 | 0 | 2 | 0 | 0 | 0 | 0 | 0 | 3 | 0 |
| Paisley | 3 | 1 | 1 | 0 | 3 | 2 | 0 | 0 | 0 | 0 | 7 | 3 |
| Peebles | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Perth | 2 | 0 | 3 | 0 | 4 | 1 | 0 | 0 | 0 | 0 | 9 | 1 |
| Peterhead | 0 | 0 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 2 | 0 |
| Portree | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Rothesay | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Selkirk | 2 | 1 | 0 | 0 | 2 | 1 | 0 | 0 | 0 | 0 | 4 | 2 |
| Stirling | 2 | 0 | 0 | 0 | 5 | 1 | 0 | 0 | 0 | 0 | 7 | 1 |
| Stonehaven | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 1 | 1 |
| Stornoway | 0 | 0 | 0 | 0 | 9 | 2 | 0 | 0 | 0 | 0 | 9 | 2 |
| Stranraer | 1 | 0 | 2 | 1 | 1 | 1 | 0 | 0 | 0 | 0 | 4 | 2 |
| Tain | 0 | 0 | 0 | 0 | 4 | 1 | 0 | 0 | 0 | 0 | 4 | 1 |
| Wick | 0 | 0 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 2 | 0 |
| Total | 76 | 10 | 48 | 9 | 174 | 65 | 4 | 1 | 3 | 0 | 305 | 84 |
- Asked by: Roseanna Cunningham, MSP for Perth, Scottish National Party
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Date lodged: Monday, 12 May 2003
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Current Status:
Answered by Margaret Curran on 2 June 2003
To ask the Scottish Executive to what extent specific duties of local authorities and local authority joint boards under the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 article 2 apply to a private contractor providing a school as part of a public private partnership with such bodies.
Answer
The specific duties under the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 apply to the public bodies specified in the relevant schedule to the order. These duties do not apply to private contractors in public private partnerships with such bodies. However, public bodies will have to comply with their statutory duties, including those imposed by the order, when entering into public private partnerships with private contractors.The Commission for Racial Equality is currently consulting on draft guidance for public authorities and potential contractors on procurement and race relations legislation.
