- Asked by: David McLetchie, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 27 September 1999
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Current Status:
Answered by Jim Wallace on 17 January 2000
To ask the Scottish Executive, further to the answer to question S1W-813 by Mr Jim Wallace on 17 September 1999, whether the legal advice given to the Minister was to the effect that there was no statable case which could have founded an application for judicial review of the Sheriff's judgement in Mr Ruddle's case.
Answer
The legal advice given to Scottish Ministers was, as stated by the Lord Advocate in Scottish Parliament on 2 September, that there was no prospect of any success and no merit in going ahead with a judicial review (of the Sheriff's decision in Mr Ruddle's appeal hearing).
- Asked by: David McLetchie, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 09 December 1999
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Current Status:
Answered by Donald Dewar on 23 December 1999
To ask the Scottish Executive how much is to be paid to Mr John Rafferty in the light of the termination of his contract as Special Adviser to the First Minister.
Answer
Mr Rafferty will receive what he is due under the terms of his contract of employment. A copy of the model contract for Special Advisers is available in the Scottish Parliament Information Centre (SPICe).
- Asked by: David McLetchie, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 24 November 1999
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Current Status:
Answered by Jim Wallace on 16 December 1999
To ask the Scottish Executive how many aggravated offences have been committed against the beneficiaries of community service work over the last five years.
Answer
This information is not held centrally.
- Asked by: David McLetchie, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 01 December 1999
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Current Status:
Answered by Donald Dewar on 15 December 1999
To ask the Scottish Executive what aspects of implementation of the Disability Discrimination Act 1995 in relation to licensed taxis are devolved and how it intends to progress these matters.
Answer
Under schedule 5 of the Scotland Act 1998 the power to determine the technical specifications for public passenger transport vehicles, including taxis, under Part V of the Disability Discrimination Act 1995, is a reserved matter.
However the regulation making powers in section 33(2) of the 1995 Act and section 20 of the Civic Government (Scotland) Act 1982 (as amended by section 39 of the 1995 Act), have been executively devolved to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc,) Order 1999. Consequently regulations, for example, which will require taxis to carry wheelchairs, guide dogs etc or those outlining the circumstances where exemption from the technical specification requirements will be allowed will be subject to the approval of the Scottish Parliament.It is anticipated that formal consultation on the terms of the various taxi regulations will take place in the course of next year.
- Asked by: David McLetchie, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 01 December 1999
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Current Status:
Answered by Jim Wallace on 15 December 1999
To ask the Scottish Executive, further to the answer to question S1W-2581 by Mr Jim Wallace on 30 November 1999, for each Sheriffdom, how many judgements were outstanding at the latest date for which figures are available for more than (a) three months, (b) six months and (c) 12 months from the conclusion of hearings.
Answer
The information is as follows:
| | Cases at avizandum for over |
Sheriffdom | 3 months | 6 months | 12 months |
| | | | |
Lothian & Borders | 4 | 2 | 0 |
Grampian, Highlands and Islands | 13 | 11 | 7 |
North Strathclyde | 2 | 1 | 0 |
South Strathclyde, Dumfries and Galloway | 0 | 0 | 0 |
Glasgow & Strathkelvin | 2 | 2 | 0 |
Tayside Central & Fife | 1 | 2 | 6 |
TOTAL | 22 | 18 | 13 |
- Asked by: David McLetchie, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 24 November 1999
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Current Status:
Answered by Jim Wallace on 8 December 1999
To ask the Scottish Executive when it will next lay before the Scottish Parliament an annual report on the way that Community Service Orders are working in accordance with s245(4) of the 1995 Act.
Answer
Section 245(4) provides that a report on the working of Community Service Orders shall be laid before Parliament each year or incorporated in annual reports already made. A report entitled Costs, Sentencing Profiles and the Scottish Criminal Justice System is published annually by the Scottish Executive and includes information on Community Service Orders, for example average cost and percentage use of the order. The next report will be published in March 2000.
- Asked by: David McLetchie, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 24 November 1999
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Current Status:
Answered by Jim Wallace on 8 December 1999
To ask the Scottish Executive what proportion of convicted people are failing to complete their Community Service Orders within the 12-month period stipulated in the Criminal Procedure (Scotland) Act 1995 and what are the reasons for such failure.
Answer
This information is not held centrally. Courts may, on application by the offender or supervising officer, extend the 12-month period specified in the 1995 Act for completion of work under a community service order if circumstances have changed since the order was made. Such circumstances might for example include ill health of the offender or changes of employment.
- Asked by: David McLetchie, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 24 November 1999
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Current Status:
Answered by Jim Wallace on 8 December 1999
To ask the Scottish Executive how many applications have been made for extensions to the 12-month period for completion of Community Service Orders over the last five years and what this number is as a percentage of the total number of Community Service Orders issued over this period.
Answer
This information is not held centrally.
- Asked by: David McLetchie, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 24 November 1999
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Current Status:
Answered by Jim Wallace on 8 December 1999
To ask the Scottish Executive what measures are being taken to ensure that s245(2)(d) of the 1995 Act, which places a statutory duty on local authorities to compile reports on the work done under a Community Service Order, is met.
Answer
Section 245(2)(d) of the Criminal Procedure (Scotland) Act 1995 provides for rules regulating the performance of work under a Community Service Order or Probation Order to include the upkeep of records of work done by any person under such an order. The National Objectives and Standards for Social Work Services in the Criminal Justice System, which local authorities are required to follow, sets out guidance for authorities at section 50 of the standards for community service.
- Asked by: David McLetchie, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 16 November 1999
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Current Status:
Answered by Jim Wallace on 30 November 1999
To ask the Scottish Executive what target guidelines it has given to judges and sheriffs on the length of time that it believes should elapse between the conclusion of a hearing and the delivery of a judgement.
Answer
There are no guidelines on these matters, which are entirely for the independent judiciary. The length of time required to prepare and deliver a judgement will vary depending on the complexity of the issues which the Judge or Sheriff has to resolve.
