- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
-
Date lodged: Tuesday, 09 September 2008
-
Current Status:
Answered by Stewart Stevenson on 23 September 2008
To ask the Scottish Executive what its position is on the conclusions and recommendations of Waterwatch Scotland’s report, Affordability of Scottish Household Water and Sewerage Charges: Historic Trends and Current Position, and whether it will make representations to the UK Government about social security benefit arrangements as they relate to water charges paid by households in the bottom income deciles.
Answer
The government are grateful to Waterwatch for this report which addresses a number of important issues. As is reflected in our draft statement of the Principles of Charging which was issued in May this year to inform the review of charges for 2010-14, we continue to regard the affordability of household water charges as a significant objective. The present concession for households in receipt of council tax benefit will continue.
The significant efficiency gains made by Scottish Water in recent years has ensured that average household charges in Scotland are rising by less than inflation at a time when above inflation increases have been the norm in England and Wales. Scottish Water''s charges are now the third lowest in the UK and we are confident that this positive trend of improvement will continue during the next charging period of 2010-14.
On the specific issue of social security benefit arrangements, we will make appropriate representations to the UK Government whenever it is in the interests of the people of Scotland.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
-
Date lodged: Thursday, 04 September 2008
-
Current Status:
Answered by Kenny MacAskill on 4 September 2008
To ask the Scottish Executive what progress has been made on allowing fatal accident inquiries to be held in Scotland for Scottish armed services personnel who are killed in accidents abroad.
Answer
I am meeting the Lord Advocate to discuss this issue on 4 September 2008.
Our aim is to find a solution which allows inquiries into the deaths of Scottish-based service personnel who are killed abroad to be held in Scotland.
At present, for operational reasons, bodies are returned to RAF airfields in the south of England by the Ministry of Defence. They then automatically become subject to the system of coroners'' inquests in England. Coroners'' inquests into the deaths of Scottish-based personnel killed abroad cannot currently take place in Scotland, and fatal accident inquiries can only investigate deaths occurring in Scotland.
These are difficult legal and policy issues. The Lord Advocate and I will work constructively with the UK Government to resolve them. All of us must remember that the objective is to reduce the stress and anguish for bereaved families in Scotland.
Because of the defence reservation in the Scotland Act, changes in the law would be required on both sides of the border.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
-
Date lodged: Tuesday, 29 July 2008
-
Current Status:
Answered by Kenny MacAskill on 21 August 2008
To ask the Scottish Executive what procedures and practices are in place to ensure that police forces meet their obligations under the Mental Health (Care and Treatment) (Scotland) Act 2003 when using their powers to remove a person to a place of safety.
Answer
Police forces have their own operating procedures in respect of policing issues when dealing with mental health issues, which give guidance to all officers. These cover all relevant legislation. In addition, training on mental health issues is currently provided to police officers both in-force and nationally. The Association of Chief Police Officers in Scotland (ACPOS) will shortly publish detailed guidance for officers on a number of diversity issues, including the use of powers contained in the Mental Health (Care and Treatment) (Scotland) Act 2003 to remove a person to a place of safety.
A Mental Health Act Review Group was set up by Shona Robison, the Minister for Public Health, in January this year. Members of the group are undertaking a limited review of the Mental Health (Care and Treatment) (Scotland) Act 2003, which will include engaging with those who operate the act and report back to the Minister for Public Health with recommended changes.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
-
Date lodged: Friday, 20 June 2008
-
Current Status:
Answered by Kenny MacAskill on 15 July 2008
To ask the Scottish Executive whether Scottish Ministers have the powers to provide for defences against prosecution on religious, cultural, sporting or other grounds for possession, sale or other conduct in relation to weapons which are not swords but are nonetheless covered by the Criminal Justice Act 1988 (as amended).
Answer
Section 141 of the Criminal Justice Act 1988 deals with the manufacture, sale, hire, lending and giving of specified offensive weapons. It covers possession only where possession is for the purposes of sale or hire. Section 141 already provides limited defences relating to museums and galleries, and lending by such institutions for cultural, artistic or educational purposes.
Section 60 of the Custodial Sentences and Weapons (Scotland) Act 2007 contains amendments to section 141 including new subsections (11A) to (11E) which will provide defences relating to theatre, film and television. It also provides a power in new subsection (11G) for the Scottish ministers to vary the application of section 141 in relation to any description of weapon. That power could be used, if desired, to provide further defences on cultural, sporting or other grounds.
The weapons to which section 141 of the 1998 act applies are set out in the Criminal Justice Act 1988 (Offensive Weapons) (Scotland) Order 2005 and include knuckledusters, swordsticks and butterfly knives. That Order excludes antique weapons.
Section 47 of the Criminal Law (Consolidation)(Scotland) Act 1995 places prohibitions on the carrying of offensive weapons but allows the defence of having lawful authority or good reason.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
-
Date lodged: Friday, 20 June 2008
-
Current Status:
Answered by Kenny MacAskill on 15 July 2008
To ask the Scottish Executive whether it considers historical re-enactment to constitute a form of theatre in terms of the 2007 Custodial Sentences and Weapons (Scotland) Act 2007.
Answer
Section 61 of the Custodial Sentences and Weapons (Scotland) Act 2007 enables the Scottish ministers to prohibit the manufacture, sale, hire, etc. of swords, and to provide defences for religious, cultural and sporting purposes. No such prohibitions or defences are yet in place. The policy memorandum for the bill made it clear that use relating to historical re-enactment will be recognised as one of the defences. It is not relevant to these provisions whether historical re-enactment is a form of theatre.
However, section 60 of the Custodial Sentences and Weapons (Scotland) Act 2007 does refer to theatre, and will provide a new defence in section 141 of the Criminal Justice Act 1988 relating to the manufacture, sale, hire, etc. of offensive weapons for the purposes of theatrical performances. Those defences will apply to all offences weapons covered by section 141.
The Custodial Sentences and Weapons (Scotland) Act 2007 does not change the law on the carrying of swords or other weapons in public. It is an offence under section 49 of the Criminal Law (Consolidation) (Scotland) Act 1995 to have any article which has a blade or is sharply pointed in a public place without good reason or lawful authority. Any individual instance will be a matter for the police, and ultimately the courts, but having a sword for the purpose of historical re-enactment would generally appear to be a good reason. Under section 47 of the same act it is an offence to carry an offensive weapon, which might for example be an axe or pike. Section 47 also includes a defence of “reasonable excuse” which has generally been seen to include historical re-enactment.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
-
Date lodged: Friday, 20 June 2008
-
Current Status:
Answered by Kenny MacAskill on 15 July 2008
To ask the Scottish Executive what orders are in force under the provisions of the Criminal Justice Act 1988, inserted by section 46 of the Custodial Sentences and Weapons (Scotland) Act 2007, in particular section 141ZA(3)(a) which allows Scottish Ministers to provide for defences against prosecution on religious, cultural, sporting or other grounds.
Answer
Section 61 of the Custodial Sentences and Weapons (Scotland) Act 2007 inserts new section 141ZA into the Criminal Justice Act 1988. It is not yet in force and no orders have been made.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
-
Date lodged: Friday, 06 June 2008
-
Current Status:
Answered by Stewart Stevenson on 20 June 2008
To ask the Scottish Executive whether the rail line between Kincardine and Dunfermline that has been used for freight to Longannet Power Station currently meets safety and other specifications for passenger travel.
Answer
The existing route between Kincardine and Dunfermline via Charleston Junction does not meet current standards to operate a regular passenger rail service.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
-
Date lodged: Tuesday, 10 June 2008
-
Current Status:
Answered by Fergus Ewing on 19 June 2008
To ask the Scottish Executive whether private homes providing bed and breakfast accommodation to the public qualify as domestic premises under the Fire (Scotland) Act 2005 and not relevant premises under the provisions of the Fire Safety (Scotland) Regulations 2006 which include houses of multiple occupancy and care homes but not homes offering bed and breakfast accommodation.
Answer
The answer requires interpretation of legislation which ultimately is a matter for the courts. However, the drafting intention was for the commercial or public areas of premises which are used for both domestic and non-domestic purposes to fall within the scope of “relevant premises” under the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006. Private areas are regarded as domestic premises and are therefore largely exempt.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
-
Date lodged: Tuesday, 10 June 2008
-
Current Status:
Answered by Stewart Stevenson on 18 June 2008
To ask the Scottish Executive whether it has plans to designate the remainder of the A977 as a trunk road.
Answer
We have no current plans to designate the A977 as a trunk road.
- Asked by: Keith Brown, MSP for Ochil, Scottish National Party
-
Date lodged: Friday, 06 June 2008
-
Current Status:
Answered by Stewart Stevenson on 18 June 2008
To ask the Scottish Executive whether the findings of its examination of replacement Forth crossing options have provided any useful data about the potential effects on traffic across the Forth of new direct rail services to Edinburgh from west Fife and Clackmannanshire.
Answer
No relevant data was gathered during the examination of replacement crossing options.
However, the Forth Replacement Crossing Study recognised that investments in the rail network can contribute to reducing road congestion and harmful emissions.
