Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S1W-04606

Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 22 February 2000
Current Status: Answered by Jim Wallace on 2 March 2000

To ask the Scottish Executive whether the provisions of the legal Aid (Scotland) Act 1986 (as amended) are compatible with the European Convention on Human Rights within the meaning of section 1 of the Human Rights Act 1998 and, if not, what plans it has to amend the 1986 Act.

Question reference: S1W-04609

Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 22 February 2000
Current Status: Answered by Jim Wallace on 2 March 2000

To ask the Scottish Executive whether it has carried out or intends to carry out a review of the legislation relating to the operation of the prison system to determine whether (a) the procedures relating to the detention of prisoners in young offenders institutions and prisons, (b) the rights and privileges accorded to such prisoners, (c) the disciplinary procedures relating to such prisoners and (d) the procedure for dealing with applications for releasing such prisoners on parole and licence, are compatible with the European Convention on Human Rights within the meaning of section 1 of the Human Rights Act 1998 and, if so, whether it will publicise the findings of any such review.

Question reference: S1W-04607

Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 22 February 2000
Current Status: Answered by Jim Wallace on 2 March 2000

To ask the Scottish Executive whether the provisions of Part VIII of the Civic Government (Scotland) Act 1982 (as amended), relating to the repair and maintenance of buildings, powers of entry to buildings, the execution of works on buildings and the recovery of expense incurred executing works on buildings are compatible with the European Convention on Human Rights within the meaning of section 1 of the Human Rights Act 1998 and, if not, what plans it has to amend the 1982 Act.

Question reference: S1W-04280

Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 09 February 2000
Current Status: Answered by Jim Wallace on 29 February 2000

To ask the Scottish Executive how many cases in (a) sheriffs courts; (b) the Court of Session and (c) the High Court of Justiciary have been adjourned as a result of the decision to suspend all temporary Sheriffs and Judges.

For the months of November and December 1999, the number of cases in the sheriff court due to be heard before a temporary Sheriff which required to be adjourned is set out below:

Sheriff and Jury trials	Nil
Summary Criminal trials	13 of 6,245 cases calling for trial
Ordinary Civil proofs and debates	73 of 965 cases set down
Summary Cause/Small Claims hearings	48 of 533 cases set down

During this period a further 196 summary criminal and 33 civil cases were adjourned for lack of time. It is not possible to say how many of these cases may have proceeded had temporary shrieval assistance been available.Adjustments to the programme in the Court of Session after 11 November 1999 have resulted in six cases set down for proof being reallocated to later dates. No cases in the High Court of Justiciary have been adjourned as a result of the suspension of the use of temporary Judges.

Question reference: S1W-04385

Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 15 February 2000
Current Status: Answered by Jim Wallace on 29 February 2000

To ask the Scottish Executive how many hearings in civil litigation in the Court of Session have been postponed due to the unavailability of Judges following the suspension of temporary Judges.

Question reference: S1W-04386

Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 15 February 2000
Current Status: Answered by Jim Wallace on 29 February 2000

To ask the Scottish Executive whether the target time period between plea and trial for summary trials in the Sheriff Court is approximately 12 weeks.

Question reference: S1W-04388

Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 15 February 2000
Current Status: Answered by Jim Wallace on 29 February 2000

To ask the Scottish Executive whether the instructions of Sheriffs Principal to Sheriffs to cancel leave, attendance at conferences or courses and writing days will now be withdrawn.

The Scottish Executive did not issue any instructions on these matters. Any steps taken by individual Sheriffs Principal were in accordance with their statutory duty to secure the speedy and efficient disposal of business in their Sheriffdoms. I have already acknowledged the professionalism shown by the Judiciary in responding to the extra demands on them arising from the suspension of temporary Sheriffs and temporary Judges.

Question reference: S1W-04327

Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Friday, 11 February 2000
Current Status: Answered by Jim Wallace on 29 February 2000

To ask the Scottish Executive how many appeals (a) from the sheriff court to the Court of Session; (b) from the sheriff court to the High Court; (c) from the High Court of Justiciary to the Scottish Court of Criminal Appeal and (d) from the Court of Session to the Inner House of the Court of Session have been postponed as a result of the decision to suspend all temporary Sheriffs and temporary Judges.

Adjustments to the programme in the Court of Session after 11 November 1999 have resulted in one appeal from the Court of Session to the Inner House being postponed to a later date.No appeals from the sheriff court to the Court of Session or the High Court, and no appeals from the High Court to the Court of Criminal Appeal have been postponed. However, adjustments to the Appeal Court programme have resulted in the loss of four days for criminal appeals and eight days for summary sentence appeals.

Question reference: S1W-04387

Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 15 February 2000
Current Status: Answered by Jim Wallace on 29 February 2000

To ask the Scottish Executive what the average time period was between plea and trial in each of Linlithgow, Stirling, Falkirk, Dundee, Hamilton, Lanark, Dunfermline and Haddington Sheriff Courts (a) before the judgement and (b) since the judgement in the Starrs and Chalmers case.

The following table shows the average waiting periods between plea and trial in October 1999 (preceding the judgement in the Starrs and Chalmers case) and December 1999 for the Sheriff Courts at Linlithgow, Stirling, Falkirk, Dundee, Hamilton, Lanark, Dunfermline and Haddington.

Waiting Periods

Court	Oct-99	Dec-99
Linlithgow	19	20
Stirling	11	26
Falkirk	15	17
Dundee	18	17
Hamilton	10	11
Lanark	8	10
Dunfermline	15	16
Haddington	11	11

Question reference: S1W-04384

Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 15 February 2000
Current Status: Answered by Jim Wallace on 29 February 2000

To ask the Scottish Executive how many of the 12 new permanent Sheriffs appointed in December 1999 had been recommended for appointment by Sheriffs Principal; whether candidates more experienced for these posts than those appointed were considered and rejected and, if so, why.

Nine of those appointed were included in the list of those recommended by the Sheriffs Principal. Two of the others were serving members of the procurator fiscal service and one was Senior Counsel with considerable High Court experience who had also served as a temporary Sheriff. There were 187 applications from qualified individuals so many experienced candidates were unsuccessful. The Lord President was consulted, as required by Statute, and was content with the nominations made.