Chamber and committees

The target referred to is“Reducing the gap in unemployment rates between the worst 10% of areas and the Scottish average by 2006”.

The measure is constructedby subtracting the claimant count unemployment rate for Scotlandfrom the claimant count unemployment rate for the worst 10% of wards in Scotland. Definitionsof claimant unemployment vary across countries due to different eligibilitycriteria for unemployment benefit, so international comparisons are notpossible.

The Scottish Executive iscommitted to reducing disparities in unemployment between different parts of Scotland. “Reducethe gap in unemployment rates between the worst 10% of areas and the Scottish averageby 2006” was set out in Building a Better Scotland and is one of theperformance measures for achieving A Smart, Successful Scotland and SocialJustice – a Scotland where everyone matters.

The Fraser of AllanderInstitute report Measuring progress towards Smart, Successful Scotland, 2003indicated that over the past 10 years the gap between unemployment levelsin Scotland’s worst 10% of areas and the Scottish average has closed from justover 20% to 5%.

Progress towards this targetwill continue to be monitored through Smart, Successful Scotland.

The Executive has discussedwith Her Majesty’s Government the content and implications of the bills in itslegislative programme, including the Energy Bill. The discussions for each billhave reflected the extent of the relationship with devolved matters. We have now issued a Sewel motion to the Parliamentcovering those provisions within the Energy Bill that fall in devolvedcompetence.

The Scottish Executive is inregular contact with the UK Government on a wide range of issues including therepayment threshold for student loans.

The Scottish Executive remains in regular contact with the UK Government on a wide range of issues. No further orders have been made to amend schedule 5 to the Scotland Act 1998, which sets out reserved matters, beyond those listed in the answer to question S1W-28375. A legislative reference in paragraph (a) of section B3 of Part 2 of Schedule 5 was updated by the European Parliamentary Elections Act 2002.

A Chief SurveillanceCommissioner is appointed by the Scottish ministers under section 2 of theRegulation of Investigatory Powers (Scotland) Act 2000, for a term of three years. Under thislegislation, removal of the Commissioner from office before the end of thisterm would require a resolution to be passed by the Scottish Parliament.

A Chief SurveillanceCommissioner is also appointed by the Prime Minister for a term of three years underSection 91 of the Police Act 1997, after consultation with the Scottish ministers.Under this legislation, removal of the Commissioner from office before the endof this term would require resolutions passed by each House of Parliament and alsoby the Scottish Parliament.

While the 2000 and 1997 Actsallow for 2 Chief Surveillance Commissioners, the two roles are presentlycarried out by the same person, Sir Andrew Leggatt.

It is the duty of the ChiefSurveillance Commissioner to keep under review the performance of functionsunder Part III of the 1997 act, and the exercise and performance of the powersand duties conferred or imposed by the 2000 act. In performance of this duty,the Commissioner reports annually to the Prime Minister and the Scottish ministersand a copy of this report is laid in the Scottish Parliament. His most recentreport was laid in the Scottish Parliament on 9 September 2003 and a copy is available in the Scottish Parliament Information Centre(Bib. number 29152).

The total cost of producing Guidanceon Interviewing Child Witnesses in Scotland – Supporting Child Witnesses,including research, consultation, publication and distribution, was £34,957.

Of the 2,500 packs produced,around 2,300 have so far been distributed to practitioners involved withchildren and the law. Outstanding requests for additional packs are being met.

Feedback has been verypositive with a high demand from practitioners and trainers for copies of thepack. The guidance is being used as a training tool by the Director of JudicialStudies, and the Executive has been invited to contribute an article on the packfor the Law Society’s journal. At the end of January I will be opening aseminar organised by the Faculty of Advocates Criminal Bar Association oninterviewing child witnesses, an event prompted by the publication of theguidance.

Training in relation to thenon-numeric standard would be broadly the same as for the numeric standard. Additionaltraining on the court presentation of non‑numeric evidence would,however, be required.

The fingerprint experts atthe Scottish Criminal Record Office will continue to be trained at the NationalTraining Centre, Durham. They will also continue to have annual competencytests and be subject to a Continuous Professional Development Programme.

The performance target forthe quality of fingerprint evidence would continue to be that everyidentification opinion given would be the product of an authorised expert,trained to the highest standards, subject to annual competency testing, usingprocesses subject to external audit and operating within an internationallyrecognised Quality Management System.

The consultation paper the Scottish Fire Service of the Future, which was published in April 2002,expressed an intention to review control room arrangements in Scotland. Responsesby stakeholder interests during that consultation process were reflected in theremit issued to Mott MacDonald. Members of the Scottish Central Fire BrigadesAdvisory Council (SCFBAC) were advised in a letter dated 16 October 2003 of the terms of reference and reporting timescales of the study. The study wasalso referred to during a meeting of the SCFBAC on 30 October. Stakeholderswith a particular interest, including the Fire Brigades Union and the Chief andAssistant Chief Fire Officers Association, subsequently participated in thestudy.

In relation to commercialleases we have received one substantive representation that the rent reviewprocess should be made to follow the position in England and Wales. Thisproposal suggested restricting the use of upwards-only rent reviews and theintroduction of an automatic right for business tenants to renew a lease whenit expires. The law in Scotland favours a freedom of contract approach, and the Executive believes that this permits commercial tenants and landlords to tailora lease to suit their own circumstances without significant statutoryintervention. Consequently, we have not adopted these proposals, although we doof course remain open to further representations. Otherwise, we have received veryfew enquires about general leasing law.

The Scottish Law Commissionhas kept the Executive informed of its work on long leases and on irritancyclauses in leases. These issues are outlined in the answer to question S2W-4934on 15 January 2004.

We have also received somerepresentations on hutting in Scotland, as discussed in particular in the answers to parliamentaryquestions S1W-30533 on 7 November 2002, S2W-2164 on 22 September 2003, S2W-3141 and S2W-3146 on 31 October 2003.

Answers to written parliamentaryquestions are available on the Parliament’s website, the search facility forwhich can be found at:

http://www.scottish.parliament.uk/webapp/search_wa.

We do not have any immediateplans to conduct a general review of leasing law. We shall, however, continueto monitor the recent and on-going work of the Scottish Law Commission inrelation to two specific leasing issues. These are the Commission’s Reporton Irritancy in Leases of Land (June 2003 - Scot Law Com No 191) and its discussionpaper on the Conversion of Long Leases (April 2001 – D.P. No 112). Thetext of both of these documents is available at www.scotlawcom.gov.uk. The discussion paperwill be followed by a report and draft bill, although there is at present noforeseeable legislative timeslot available for either project.

A fundamental review ofsocial rented sector tenancies formed the basis of the changes introduced inthe Housing (Scotland) Act 2001, and there are no plans to hold a furtherreview. Tenancies in the private rented sector are provided for in the Housing(Scotland) Act 1988.