Questions and answers

Question reference: S2W-23874

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 06 March 2006
Current Status: Answered by Tavish Scott on 15 March 2006

To ask the Scottish Executive what plans it has to assist in the delivery of a new railway station in Mossend, identified as being desirable in Glasgow and the Clyde Valley Joint Structure Plan 2000.

The Scottish Executive willwork with local and regional transport planners developing proposals for newtransport projects ensuring that the proposals meet Scottish TransportAppraisal Guidance criteria. The promotersof new stations are advised to take account of the New Stations Guidancepublished by the Strategic Rail Authority in 2004. We have not been asked toassist with the delivery of a new railway station in Mossend.

Transport Scotland hasthe operational responsibility for this area, and can be contacted for moreinformation if required.

Question reference: S2W-23859

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 06 March 2006
Current Status: Answered by Tavish Scott on 15 March 2006

To ask the Scottish Executive whether the decision by the Forth Estuary Transport Authority to install new toll booths on the Forth Road Bridge at a cost of £5 million was taken before the completion of the Tolled Bridges Review.

Question reference: S2W-23914

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 06 March 2006
Current Status: Answered by Cathy Jamieson on 15 March 2006

To ask the Scottish Executive, further to the answers to questions S2W-21585 and S2W-21874 on 22 December 2005 and 23 January 2006 by Cathy Jamieson and Colin Boyd QC respectively when it states that “no specific, credible information supporting such an allegation has been brought to the attention of the police” in relation to allegations that US agencies have used Scottish airports as refuelling stops for flights engaged in the process of “extraordinary rendition”, whether this indicates that the Executive itself has not received any “specific, credible information supporting such an allegation” and, if so, how this is its position when it has not had any discussions with Human Rights Watch or Amnesty International about their allegations that extraordinary rendition has taken place and whether it discounts Human Rights Watch and Amnesty International as credible sources of information in this area.

Question reference: S2W-23860

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 06 March 2006
Current Status: Answered by Tavish Scott on 15 March 2006

To ask the Scottish Executive what the rationale was for the formation of the Forth Estuary Transport Authority.

Question reference: S2W-23873

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 06 March 2006
Current Status: Answered by Tavish Scott on 15 March 2006

To ask the Scottish Executive what plans it has to assist in the delivery of a new railway station in Abronhill, identified as being desirable in Glasgow and the Clyde Valley Joint Structure Plan 2000.

The Scottish Executive willwork with local and regional transport planners developing proposals for newtransport projects ensuring that the proposals meet Scottish TransportAppraisal Guidance criteria. The promotersof new stations are advised to take account of the New Stations Guidancepublished by the Strategic Rail Authority in 2004. We have not been asked toassist with the delivery of a new railway station in Abronhill.

Transport Scotland hasthe operational responsibility for this area, and can be contacted for moreinformation if required.

Question reference: S2W-23837

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Friday, 03 March 2006
Current Status: Answered by Tavish Scott on 15 March 2006

To ask the Scottish Executive, further to the answer to question S2W-22494 by Tavish Scott on 30 January 2006, whether this answer indicates that its sole rationale for bypassing Muirhead, Chryston and Moodiesburn is for the practical purpose that “the appropriate standards could not be achieved by an online upgrade” on the route of the A80 at these towns and whether, if it was possible to upgrade the A80 to full motorway status along the entirety of its route, this would be its preferred option, meaning that no bypass would be built at these towns.

Question reference: S2W-23842

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Friday, 03 March 2006
Current Status: Answered by Tom McCabe on 15 March 2006

To ask the Scottish Executive, further to the answers to questions S2W-21717, S2W-21718 and S2W-22016 by Cathy Jamieson and Mr Tom McCabe on 19 January, 20 January and 31 January 2006 respectively, what information it has on the total cost of the accommodation and meals provided to the 7,896 English and Welsh police officers deployed in Scotland in relation to policing the G8 summit and related events; whether this cost is additional to the £21,495 million spent on mutual aid to English and Welsh forces, and who met these costs.

Question reference: S2W-23834

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Friday, 03 March 2006
Current Status: Answered by Cathy Jamieson on 15 March 2006

To ask the Scottish Executive, further to the answer to question S2W-21753 by Cathy Jamieson on 2 February 2006, why it does not consider it appropriate to state an opinion on claims made by Senator Marty, given the possible implications of some of his claims for the administration of law and justice.

Question reference: S2W-23661

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Wednesday, 01 March 2006
Current Status: Answered by Colin Boyd on 15 March 2006

To ask the Scottish Executive whether the Lord Advocate or the Solicitor General offered advice to the Cabinet or individual ministers over the Shirley McKie case and, if so, what that advice was.

Question reference: S2W-23600

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 27 February 2006
Current Status: Answered by Colin Boyd on 14 March 2006

To ask the Scottish Executive whether it will list all public inquiries which have been commissioned since 1960 in Scotland relating to matters of a criminal nature, giving the dates, terms of reference, use of judges and others from other jurisdictions outwith Scotland and indicating whether the decision of the Lord Advocate to prosecute or not to prosecute has been included within the scope of the inquiry, who commissioned each inquiry, when it reported and what action was taken to implement its recommendations.

There is no central record of public inquiries so far as we are aware. There has been no public inquiry which has looked at the decision of the Lord Advocate whether or not to prosecute.

In 1959, a tribunal was established under the Tribunals of Inquiry (Evidence) Act 1921, following a motion before the House of Commons that a Select Committee should inquire into the case of John Waters. The Waters Inquiry relied on the established principle that the prosecutor’s decision as to whether or not to bring a criminal prosecution is for the prosecuting authorities to decide on the merits of the case without political or other pressure. Founding on that principle the Waters Inquiry did not consider the decision of the Lord Advocate not to prosecute. As far as I am aware there has been no public inquiry since then which has deviated from this principle.

The following are examples of public inquiries which have, inter alia, included consideration of matters potentially of a criminal nature.

Orkney Inquiry 1991

On 20 June 1991 Ian Lang, Secretary of State for Scotland appointed Lord Clyde to conduct an Inquiry into the removal of nine children from South Ronaldsay, Orkney to a place of safety on 27 February 1991.

This inquiry considered the actings of Orkney Islands Council, in particular the Social Work Department and the Reporter to the Children’s Panel for that area, of the Northern Constabulary and of all persons acting on behalf of either of them, and into the effect of certain matters on those actings, including the decision to remove nine children and their actual removal to, and their detention in a place of safety.

At the time of the Inquiry, there were no related on-going or completed criminal proceedings and the remit of the inquiry did not include consideration of any prosecutorial decisions by the Lord Advocate.

Piper Alpha 1998

On the 13 July 1988, the Secretary of State for Energy instructed an inquiry into the Piper Alpha disaster. Lord Cullen was commissioned to report on the circumstances of the accident and to make recommendations with a view to the preservation of life and the avoidance of similar accidents in the future. Lord Cullen chaired the Inquiry into the disaster in two parts. The first was to establish the causes of the disaster. The second part made recommendations as to the future safety regime. Lord Cullen’s recommendations in the final published report led to a complete change in approach to Health and Safety matters offshore, with repercussions for the entire offshore industry in the UK.

Dunblane Inquiry 1996

The Dunblane Inquiry, in 1996, involved inquiry into, and consideration of matters of a criminal nature, including evidence about matters reported to procurators fiscal by the police, and the reasons stated by the procurators fiscal for their decisions in relation to those matters. However, Lord Cullen stated clearly in his report that he did not consider it proper for the Inquiry to require prosecutors to justify their decisions, or to entertain submissions as to the sufficiency of what was put forward as the justification of those decisions.

Chamber and committees