- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 22 February 2000
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Current Status:
Answered by Jim Wallace on 2 March 2000
To ask the Scottish Executive whether the provisions of the Civic Government (Scotland) Act 1982 (as amended), relating to the licensing and regulation of taxis and private hire cars 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.
Answer
We are systematically reviewing all of our activities to identify issues where there is a risk of ECHR challenge. If we believe it is necessary to amend existing legislation in order to comply with the Convention, then we will bring forward proposals for that purpose at the appropriate time.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 17 February 2000
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Current Status:
Answered by Sarah Boyack on 2 March 2000
To ask the Scottish Executive whether all documents submitted by Midlothian Council in its application to the Executive for permission to construct the A701 through the Edinburgh greenbelt are made available to the public and, if so, where, and whether it will outline the reasons for any restrictions in access.
Answer
Relevant documents in relation to the Notice of Intention to Develop for the construction of the A701 are available at the public libraries in Roslin, Penicuik and Loanhead and at the Council offices at Fairfield House, Dalkeith. There is no restriction on access to these documents.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 22 February 2000
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Current Status:
Answered by Jim Wallace on 2 March 2000
To ask the Scottish Executive whether it has any plans to carry out a review as to whether the legislation currently in force relating to the education of children is 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.
Answer
We are systematically reviewing all of our activities to identify issues where there is a risk of ECHR challenge. If we believe it is necessary to amend existing legislation in order to comply with the Convention, then we will bring forward proposals for that purpose at the appropriate time.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Friday, 11 February 2000
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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.
Answer
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.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 15 February 2000
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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.
Answer
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 |
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 15 February 2000
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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.
Answer
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.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 15 February 2000
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Current Status:
Answered by Jim Wallace on 29 February 2000
To ask the Scottish Executive how many hearings in civil litigation have been postponed due to the unavailability of Sheriffs in each of Linlithgow, Stirling, Falkirk, Dundee, Hamilton, Lanark, Dunfermline, Haddington and Edinburgh Sheriff Courts.
Answer
The following table shows the number of civil hearings adjourned due to lack of temporary shrieval resources in the Sheriff Courts at Linlithgow, Stirling, Falkirk, Dundee, Hamilton, Lanark, Dunfermline, Haddington and Edinburgh for the period 1 November 1999 to 31 January 2000.
CIVIL CASES ADJOURNED DUE TO LACK OF TEMPORARY SHRIEVAL RESOURCES
1 Nov 1999 to 31 Jan 2000
| | Ordinary | Summary Cause | Small Claim | Other |
| | Proof | Debate | Proofs | Full Hearings | |
Dundee | 6 | 1 | 0 | 3 | 0 |
Dunfermline | 1 | 1 | 0 | 0 | 0 |
Edinburgh | 10 | 1 | 2 | 5 | 0 |
Falkirk | 2 | 0 | 0 | 0 | 1 |
Haddington | 0 | 0 | 0 | 0 | 0 |
Hamilton | 5 | 3 | 0 | 0 | 0 |
Lanark | 4 | 2 | 0 | 0 | 0 |
Linlithgow | 1 | 0 | 0 | 0 | 0 |
Stirling | 8 | 3 | 9 | 1 | 0 |
Total | 37 | 11 | 11 | 9 | 1 |
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 15 February 2000
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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.
Answer
(a) two and (b) four, including two who had served in both capacities at different times.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 15 February 2000
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Current Status:
Answered by Jim Wallace on 29 February 2000
To ask the Scottish Executive whether it intends to appoint temporary Sheriffs and temporary Judges to fill the current judicial deficit; if so, what method of appointment will be used and what terms and conditions will apply to these appointments.
Answer
This is under active consideration. No final decision will be taken before a current case in the Court of Session has been concluded.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 15 February 2000
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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.
Answer
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.
