Chamber and committees

The Scottish Executive currentlyhas no annual data on the number of applications for closure orders. Thisinformation will be available in due course. The number of closure ordersgranted under the Antisocial Behaviour (Scotland) Act 2004, by each local authority area from October2004 up to the end of March 2006 is shown in the following table.

Closure Orders from October 2004 to 31 March 2006, by Local Authority Area
Angus	1
Dundee	1
Perth & Kinross	1
Fife	2
Aberdeen	1
City of Edinburgh	2
Dumfries & Galloway	2
Glasgow City	1

 

The available data onAntisocial Behaviour Order (ASBO) applications by Registered Social Landlords(RSLs) and applications that were subsequently granted are presented in thefollowing table. The power to apply for ASBOs was extended to RSLs on 27 June 2003.  Thefinancial year 2004-05 is therefore the first full year for which we have data.

 

Table 1: The use of full ASBOsby Registered Social Landlords (RSLs) 2004-05

Local Authority	RSL ASBO applications	RSL ASBO applications that were subsequently granted
Aberdeen City	3	3
Aberdeenshire	0	0
Angus	3	2
Argyll & Bute	0	0
Clackmannanshire	0	0
Dumfries and Galloway	6	7
Dundee City	3	3
East Ayrshire	0	0
East Dunbartonshire	0	0
East Lothian	0	0
East Renfrewshire	0	0
Edinburgh, City of	0	0
Eilean Siar	0	0
Falkirk	0	0
Fife	4	3
Glasgow	15	13
Highland	0	0
Inverclyde	1	0
Midlothian	3	3
Moray	0	0
North Ayrshire	0	0
North Lanarkshire	0	0
Orkney Islands	0	1
Perth & Kinross	2	0
Renfrewshire	0	0
Scottish Borders	0	0
Shetland Islands	0	0
South Ayrshire	2	0
South Lanarkshire	0	0
Stirling	2	1
West Dunbartonshire	0	0
West Lothian	0	0
Total	44	36

Source: Calculation by DTZPeida Consulting and Heriot-Watt University based on Communities Scotland Annual PerformanceStatistical Returns 2004-05.

NOTE: In some areas thenumber of orders granted exceeds the number of orders imposed by 1. This isbecause some of the orders granted in 2004-05 were in respect of applicationsmade before that year.

The Scottish Executive iscurrently collecting annual data on the use of antisocial behaviour orders(ASBOs) via a survey undertaken by DTZ Pieda Consulting and Heriot-Watt University.Data on the number of applications for interim ASBOs is not being collected aspart of this survey. However, the survey has collected information onthe number of interim ASBOs that have been granted. The figures for eachLocal Authority area are provided in the following table. The power to imposeinterim ASBOs came into effect on 27 June 2003and so the financial year 2004-05 is the first full year for which we havedata.

Interim ASBOs that wereinstigated by Local Authorities 2004-05

Area	Interim ASBOs granted
Aberdeen City	4
Aberdeenshire	0
Angus	2
Argyll & Bute	0
Clackmannanshire	4
Dumfries & Galloway	19
Dundee City	10
East Ayrshire	1
East Dunbartonshire	0
East Lothian	1
East Renfrewshire	4
Edinburgh, City of	20
Eilean Siar	0
Falkirk	7
Fife	5
Glasgow	0
Highland	13
Inverclyde	4
Midlothian	3
Moray	0
North Ayrshire	9
North Lanarkshire	4
Orkney Islands	0
Perth & Kinross	4
Renfrewshire	19
Scottish Borders	2
Shetland Islands	0
South Ayrshire	0
South Lanarkshire	10
Stirling	6
West Dunbartonshire	1
West Lothian	7
Total	159

SOURCE: The Use of Antisocial Behaviour Orders in Scotland:Results of the 2004-05 Survey (DTZ Pieda Consulting and Heriot-Watt University) andCommunities Scotland Annual Performance Statistical Returns 2004-05.

 

There are currently a rangeof options open to the courts to enforcepayment of fines. These powers include being able to order that a fine may berecovered by means used to enforce non-criminal debts (known as civildiligence). One of the sanctions available under those powers is authorising theexecution of an earnings arrestment againstan employed person who has fallen into default on a fine.

Information is not held centrally in respect of how many occasions unpaid fines have been recoveredfrom the salaries of employed persons specifically. Information is, however,held in relation to the number of times the use of civil diligence generally has been ordered by the court to recoverunpaid fines. I refer the member to the answer to question S2W-24321 on 27 March 2006,which provides that information. All answers to written parliamentary questionsare available on the Parliament's website the search facility for which can beat http://www.scottish.parliament.uk/webapp/wa.search.

The available information isgiven in the following table.

Number of Antisocial BehaviourOrders Issued on Conviction, by Sheriff Court, 1 March 2005 to 31 March 2006

Court	Number of Orders
Duns	6
Elgin	3
Falkirk	3
Glasgow	7
Inverness	1
Jedburgh	11
Kilmarnock	1
Kirkcudbright	2
Linlithgow	1
Paisley	1
Peebles	6
Peterhead	6
Selkirk	6
Stranraer	1
Total	55

 

On 19 April, I announced anumber of initiatives on the A82 following the completion of the A82 RouteAction Plan Review. A copy of the Executive Summary can be found on theTransport Scotland Website at:http://www.transportscotland.gov.uk/uploads/documents/scott_wilson_A82_Route_action_plan_executive_summary_march_06.pdf.

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

In 2003-04 and 2004-05 a totalof 199 persons were proceeded against for an offence with an aggravation of religiousprejudice recorded. Of these 179 were convicted.

The latest estimate of non‑domesticrate income for 2005-06 amounts to £1,931 million. This figure is based on the mid-yearreturns provided to the Scottish Executive by councils in October 2005. Finalaudited returns are not due to be submitted until February 2007, in accordancewith the Local Government Finance Act 1992.

The forecast amount of non-domesticrate income in 2006-07 is £1,904 million. This is lower than 2005-06 as aresult of the reduction in the poundage rate, partially offset by buoyancy,outstanding appeals and revaluations.

The Executive has taken a decisionon the recommendations made by the Scottish Local Authorities Remuneration Committee.Regulations will be published as quickly as possible. A specific date has not beenset. Preliminary telephone discussions with HM Revenue and Customs have taken placebetween officials but any tax and/or National Insurance contributions liabilitywill be determined by the detail of the actual rules that are put in place. Althougha scheme already exists for the Welsh Assembly the proposed scheme for councillorsin Scotland will need to be considered on its own merits. Furtherdiscussion will take place once the regulations are drafted, after which we expectthat HM Revenue and Customs will give their opinion on the tax treatment of thesepayments. We are therefore proceeding on the basis that councillors standing downshould receive a severance payment of either £10,000, £15,000 or £20,000 dependingupon length of service. If it is decided that these payments should be subject totax and national insurance, these amounts will be increased by £3,000, £4,500, and£6,000 respectively to ensure that long-serving councillors receive a net paymentwhich adequately recognises long service with no pension entitlement.

There are no immediate plansto review SPP3: Planning for Housing. SPP3 gives a definition of brownfield land,which neither includes nor excludes residential gardens specifically. The main criterionfor brownfield land is “land that has been previously developed”. Not all sitescan therefore be categorised easily as either brownfield or greenfield. Anyresidential garden which is proposed for development would need to be consideredon its merits.