Chamber and committees

Further education colleges are autonomous bodies under the terms of the Further and Higher Education (Scotland) Act 1992 and are themselves responsible for addressing local management and human resource issues.

Yes, provided their performance, conduct and attendance has been satisfactory and there is a post available. This is applicable to all staff for whom the Executive has delegated authority.

Information about the hours staff in the Scottish Executive are contracted to work and any permanent allowances paid to them is held on the payroll system. This can hold pay history information for up to seven years but, if a record becomes too large, old data is removed. Overtime history is held until the record becomes too large or for 18 months, whichever is soonest. Records showing hours worked by staff under the flexible working hours scheme are held from January 2001 to date. Information about any temporary allowances paid to staff in the last three years can be provided.Depending on the circumstances for which it was required all reasonable means would be taken to retrieve such information where it had been misplaced or where the timescales for holding the information had been exceeded.

The Scottish Executive policy on extending the employment of staff who are aged 60 or over commenced on 1 August 2000. The information contained in the following table relates to staff who were employed under this policy. The policy is currently under review.Scottish Executive Staff Aged 60 or Over Retained on a Year-by-Year Basis, by Department

Department	Aug - Dec 2000	Jan - Dec 2001	Jan - Apr 2002
Total	10	32	8
Corporate Services	5	16	4
Development		3
Education		1	1
Enterprise and Lifelong Learning		1
Finance and Central Services	2	3
Health	2		1
Justice		1
Rural Affairs	1	7	2

Prior to the current payroll contract being awarded to Chessington, administrative support for staff wages and allowances was provided by Scottish Office staff using Chessington's payroll system. Where still available, information about wages and allowances from that time is held on the payroll system.

The current payroll contract between the Scottish Executive and ADP Chessington commenced in April 1998. As with all contracts awarded by the Scottish Executive, they are subject to regular review to ensure best value is achieved. The present payroll contract runs until March 2003 with an option to extend for a further two years up until March 2005.

The holiday on 31 May is in recognition of the Queen's Official Birthday. The holidays on 3 and 4 June are bank holidays - the former is to mark the Queen's Golden Jubilee, and the latter is the spring bank holiday which, this year has been moved from 27 May. Taken with the intervening weekend they will allow Scottish Executive staff a five-day celebration for the Queen's Golden Jubilee.Traditionally the Scottish Executive has regarded the holiday to mark the Queen's Official Birthday as a privilege holiday, and the spring bank holiday as a public holiday. In accordance with the discretion available to employers, the Scottish Executive has decided that the new holiday on 3 June should be regarded as a privilege holiday.In accordance with long standing arrangements, staff who are required to work on a public holiday will, in addition to their basic salary, receive a payment at plain time rate for their hours of attendance. Whenever possible, time off in lieu will also be granted equal to the hours worked on the holiday. When time off in lieu cannot be granted, an additional payment for the hours worked will be made at plain time rate.Staff required to work on a privilege holiday may be allowed an alternative holiday. If an alternative holiday cannot be granted, payment at plain time can be made at management discretion.

Cases involving contraventions of section 1 of the Road Traffic Act 1988 (causing death by dangerous driving) must be prosecuted on indictment but the Lord Advocate's power to decide whether proceedings should be in the sheriff court or in the High Court is not restricted.

Proceedings in respect of cases involving contraventions of section 1 of the Road Traffic Act 1988 (causing death by dangerous driving) may be taken on indictment in the sheriff court or the High Court. The selection of the appropriate forum is a matter for the Lord Advocate. Any such decision is taken by the Lord Advocate independently of any other person, including other members of the Scottish Executive, in terms of section 48(5) of the Scotland Act 1998. Such decisions are made having regard to the facts and circumstances of the case under consideration.The legislative competence of the Scottish Parliament is set out in the Scotland Act 1998; certain matters relating to road transport, including amendment of the statutory provisions relating to contraventions of section 1 of the Road Traffic Act 1988, are reserved to the UK Government.

The decision as to the court in which to prosecute a case involving a contravention of section 1 of the Road Traffic Act 1988 (causing death by dangerous driving) is made according to the individual facts and circumstances of the particular case. The general approach to such decision making is set out in the Prosecution Code which is available in the Crown Office and Procurator Fiscal Service website: www.crownoffice.gov.uk.Where solemn proceedings for such an offence are taken in the sheriff court it is competent for a sheriff to remit a conviction to the High Court for sentence.The Scottish Executive has no current proposals to legislate in respect of this matter. I refer the member to the answer given to question S1W-26027 today.