Chamber and committees

An option to introduce a half-hourlyrail service between Motherwell and Stirling is included in the First ScotRail franchise. However,before such a service can be introduced track capacity issues on the route requireto be resolved, which are the subject of current study through Network Rail’s RouteUtilisation Strategy. This is due to report by the autumn of 2006.

The Scottish Executive awardedFalkirk Council £450,000 from the Public Transport Fund to undertake a feasibilitystudy to improve rail services along the A80/M80 corridor, including opening a stationand park and ride site at Castlecary (now called Allandale). The study concludedin February 2006 and Transport Scotland is assessing the findings of the report.

Transport Scotland hasthe operational responsibility for this area, and can be contacted for more informationif required.

The cost of A8000 upgrade wasestimated in the Strategic Roads Review by the then Scottish Office at £15.15 millionexcluding VAT, at 1998 prices. Responsibility for taking the project forward sincethat time, and for later estimates of costs, lies with the City of Edinburgh Council. The council’s recent price estimates take account of more detailed designwork, ground consolidation requirements and the upgrading of the original designto motorway standards, as well as price inflation since 1998.

Ihave asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond.His response is as follows:

The information is not availablein the format requested. The following table relates also to drugs found on visitorsor from concealment in prison. Figures are available only from 2001-02 onwards.

Establishment	2001-02	2002-03	2003-04	2004-05
Aberdeen	24	79	36	27
Barlinnie	144	142	202	176
Castle Huntly	4	3	11	11
Cornton Vale	43	47	43	42
Dumfries	6	19	32	17
Edinburgh	143	226	256	184
Glenochil Prison	89	91	67	93
Glenochil YOI	16	19	1	0
Greenock	33	51	63	75
Inverness	2	0	0	0
Kilmarnock	102	86	139	111
Low Moss	80	76	62	80
Noranside	3	2	5	5
Perth	50	99	118	164
Peterhead	4	2	3	1
Polmont	50	64	82	137
Shotts	70	36	47	60

 

The Executive have supplied the following corrected answer:

Cathy Jamieson: I have askedTony Cameron, Chief Executive of the Scottish Prison Service to respond. Hisresponse is as follows:

The information is notavailable in the format requested. The following table relates also to drugsfound on visitors or from concealment in prison. Figures are available onlyfrom 2001-02 onwards.

Establishment	2001-02	2002-03	2003-04	2004-05
Aberdeen	24	79	36	27
Barlinnie	144	142	202	176
Castle Huntly	4	3	11	11
Cornton Vale	43	47	43	42
Dumfries	6	19	32	17
Edinburgh	143	226	256	184
Glenochil Prison	89	91	67	93
Glenochil YOI	16	19	1	0
Greenock	33	51	63	75
Inverness	22	42	60	61
Kilmarnock	102	86	139	111
Low Moss	80	76	62	80
Noranside	3	2	5	5
Perth	50	99	118	164
Peterhead	4	2	3	1
Polmont	50	64	82	137
Shotts	70	36	47	60

 

A motion for expenses was heardby Lord Hodge in the Court of Session on 9 March 2006.He reserved his judgement and the timing of that judgement is a matter for the Court.

Section 133 of the CriminalJustice Act 1988 provides that the Scottish ministers shall pay compensation incases where a conviction is reversed on the ground that a new or newlydiscovered fact shows beyond reasonable doubt that there has been a miscarriageof justice. In addition, ministers may be prepared to make an ex gratia paymentof compensation following a wrongful conviction or charge where this hasresulted from serious default on the part of a member of a police force or someother public authority. There may also be exceptional circumstances that justifycompensation in cases outside these categories.

In all cases, claims forcompensation are considered by the Scottish ministers following receipt ofapplications from individuals. If an application is accepted as a valid claim,the amount of compensation paid is determined by an independent assessor. Theassessment is based on a Memorandum prepared by the Justice Department,compiling information submitted by the applicant, other relevant papers andtaking account of comments from the applicant. In considering claims, theassessor applies principles analogous to those on which claims for damagesarising from civil wrongs are assessed. The assessor also has the power torecommend interim payments to applicants where they provide evidence ofimmediate need.

Under the statutory scheme the Scottish ministers have no power to varythe determination. In ex gratia claims the assessor's role is strictly toadvise ministers of the amount to be paid, but ministers have agreed previouslyto be bound by the assessor's recommendation.

Information on claims forcompensation prior to 1999 when Scottish ministers assumed responsibility for theoperation of the compensation schemes is not readily available and could onlybe obtained at disproportionate cost. The following table shows the number ofapplications at each stage in the process since 1999.

Number of Applications	18
Eligibility Determined	7
Application rejected	1
Cases Completed	2
Assessor Determining Final Payment	4
Interim Payments Made	3
Decision Pending on Validity	11
of which pending legal opinion	7

 

It is Executive policy notto disclose the amount of compensation paid to individual applicants withoutthe express permission of the applicant. Since 1999 the Executive has paid £1,456,067in compensation to successful applicants.

I refer to the answer toquestion S2W-23439 on 7 March 2006. All 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/wa.search.

Neither the Minister for Justice, the Minister for Transport and Telecommunications nor I have visited theInternational Court of Justice nor the International Criminal Court in the Hague.None of us have any immediate plans to do so. As Lord Advocate I have made twovisits to the International Criminal Tribunal for the former Yugoslavia in theHague.

I wrote to Angus RobertsonMP on 22 February thanking him for his letter of 17 January which included areport. I suggested to him that the author of the report take the informationin the report to the police.

The Scottish Executive hasnot approved and will not approve a policy of facilitating the transfer ofindividuals through Scottish territory or airspace to places where there aresubstantial grounds to believe they would face a real risk of torture. The Scottish Executive is not aware of any credibleand reliable information to support allegations that Scottish airports arebeing used for such transfers.

The Scottish Executive hasnot approved and will not approve a policy of facilitating the transfer ofindividuals through Scottish territory or airspace to places where there aresubstantial grounds to believe they would face a real risk of torture. The Scottish Executive is not aware of any credibleand reliable information to support allegations that Scottish airports arebeing used for such transfers. As stated in the question S2W-22707 answered on2 February 2006, ministers have consistently made clear that if anyone hascredible and reliable information regarding criminal activity it should bepassed to the police.