- 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.
- 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 previously held temporary Sheriff commissions and, of these, how many had held commissions as temporary Sheriffs for more than two years.
Answer
Eight of the new appointees had held Commissions as temporary Sheriffs, of whom one had held his commission for more than two years.
- 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, 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.
Answer
The First Minister will continue to receive advice on the appointment of Judges and Sheriffs from the Lord Advocate reflecting appropriate soundings taken by him.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 16 February 2000
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Current Status:
Answered by Susan Deacon on 24 February 2000
To ask the Scottish Executive what its policy is towards NHS Trust deficits.
Answer
All NHS Trusts have a duty to ensure high quality patient care whilst maintaining financial balance.Should a Trust overspend, it is required in conjunction with its health board to produce a recovery plan that will continue to protect patient care whilst making good its financial position within the next financial year.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 03 November 1999
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Current Status:
Answered by Sarah Boyack on 18 February 2000
To ask the Scottish Executive whether it is required to authorise PFI/PPP funding arrangements for upgrading the A701, and if so, whether Midlothian Council has applied for such authorisation, whether it has approved any application, and whether any proposals by Midlothian Council to upgrade the A701 have direct or indirect financial implications for the budget of the Scottish Executive and any future financial allocations made to Midlothian Council for transport projects.
Answer
Midlothian Council originally applied to the Scottish Office for the development of the A701 proposals as a PFI project and £2.5m additional capital consent was awarded from the previous Government's Transport Challenge Fund to help them develop such a specification.Subsequently the Level Playing Field Support earmarked for the A701 project, £2.016 million per annum, was transferred in agreement with the Council to help fund Midlothian's Dalkeith Schools project as part of a Public Private Partnership. The overall funding package for the A701 project is therefore now a matter for the Council but the Transport Challenge Fund award of £2.5 million continues to be advanced to the Council on the agreed phased arrangements. No additional funds will be allocated to the Council for the project.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 27 January 2000
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Current Status:
Answered by Jim Wallace on 10 February 2000
To ask the Scottish Executive whether extra funding in respect of DNA will be made available comparable to the additional funding in England.
Answer
We are discussing the situation in respect of Scottish Forces with H.M. Treasury.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 25 January 2000
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Current Status:
Answered by Henry McLeish on 8 February 2000
To ask the Scottish Executive, further to the answers to questions S1W-851 and S1W-3472 by Henry McLeish on 5 November 1999 and 11 January 2000 respectively, whether it will lay the Quigley Report before the Parliament and what plans it has for a debate on it.
Answer
The Quigley Committee's report which is required to be delivered by April 2000 will be placed in the Scottish Parliament at the same time as it is laid before the Westminster Parliament. The Scottish Executive will consider its response when it has received the report.
