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-04605

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 section 41 of the Civic Government (Scotland) Act 1982 (as amended) relating to the granting of public entertainment licences 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-04603

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 Licensing (Scotland) Act 1976 (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 1976 Act.

Question reference: S1W-04382

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 previously held temporary Sheriff commissions and, of these, how many had held commissions as temporary Sheriffs for more than two years.

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-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-04383

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 were previously (a) advocates depute or (b) procurators fiscal.

Question reference: S1W-04380

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 work of temporary Sheriffs accounted for in excess of 6,000 court days in the year prior to 11 November 1999; whether this is equivalent to the workload of not less than 37 full-time permanent Sheriffs and, if so, how it plans to fill the judicial deficit of the equivalent of at least 21 full-time Sheriffs.

Temporary Sheriffs contributed 5,518 days service in the year to 11 November 1999. Ministers have authorised the appointment of 16 permanent Sheriffs since then and are considering what further steps are necessary to replace the service given by temporary Sheriffs. In reaching decisions Ministers will wish to take account of relevant cases heard by the Supreme Courts, one of which is still in progress.

Question reference: S1W-04381

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, further to the answer to question S1W-2537 by Mr Jim Wallace on 29 November 1999, whether its current policy, pending the issue of a consultation paper on the arrangements for recommending appointment of Judges and Sheriffs, is that the Lord Advocate, as head of the prosecutions service and a member of the Scottish Executive, will continue to play a key role in the appointment of Judges and Sheriffs.