Chamber and committees

The reservation relates tothe negotiation of the framework decision as stated in the question S2W-16496answered on 26 May 2005 The responsibility for implementing framework decisionsrests with Scottish Ministers only for subject matters in areas of devolvedcompetence as stated in the question S2W-17736 answered on 19 July 2005. Ascurrently drafted, the subject matter of this framework decision is reserved tothe UK Government as stated in the question S2W-16495 answered on 23 May 2005.

All answers to written parliamentaryquestions are available on the Parliament’s website, the search facility forwhich can be found at:

http://www.scottish.parliament.uk/webapp/wa.search.

Scottish Ministers must workwithin the statutory provisions on appointment to the Supreme Court bench whichwere set out in the Constitutional Reform Act 2005. When a vacancy falls due,the Lord Chancellor must convene a selection commission of legal and lay peopleto select one person to be recommended for the vacancy. The selectioncommission must consult with the First Minister as part of theirconsideration. The commission’s report goes to the Lord Chancellor who oncemore consults with the First Minister. The Lord Chancellor then notifies the name to thePrime Minister who is obliged under the legislation to recommend that person toHer Majesty The Queen.

The selection panel, whichmust include representation from the Scottish Judicial Appointments Board,plays the key role in the process as part of the move towards more openness andindependence in the selection process for judicial appointments.

NHS treatment for unintentional injuries may be provided in a number of health settings including general practice, minor injury departments, A&E departments and as an inpatient in a hospital. Data available nationally at a level of detail that would allow the cause of the injury (e.g. road traffic accident) to be identified are only available for those patients admitted as an inpatient to a hospital. In general, it is likely that patients admitted to hospital will have a more serious injury than those treated in general practice, minor injury departments or within A&E departments.

Information on the number of those admitted as an in-patient to hospital in the period 1998-99 to 2003-04 by NHS Board of Residence is shown in the following table.

Table 1 - Number of Emergency In-patient Hospital Admissions as a Result of an RTA by NHS Board of Residence, Year ending 31st March ^{1, 2}

NHS Board of Residence	Year
	1999	2000	2001	2002	2003	2004
Scotland	5,289	4,940	4,904	4,880	4,697	4,408
Argyll and Clyde	373	402	343	357	340	345
Ayrshire and Arran	486	426	348	400	441	395
Borders	88	123	103	100	105	90
Dumfries and Galloway	158	142	177	125	138	121
Fife	283	280	311	320	306	259
Forth Valley	223	225	247	246	253	227
Grampian	758	684	712	695	671	743
Greater Glasgow	851	776	694	693	704	668
Highland	388	354	376	389	333	327
Lanarkshire	553	474	491	474	401	414
Lothian	646	597	648	640	574	476
Orkney Islands	36	39	35	33	20	25
Shetland Islands	32	24	23	36	29	15
Tayside	393	367	369	340	338	268
Western Isles	21	27	27	32	44	35

Notes:

1. These statistics are derived from data collected on discharges from non-obstetric and non-psychiatric hospitals (SMR01) in Scotland.

2. Road Traffic Accidents (RTAs) are identified using SMR01 admission type code 32 – Patient Injury, Road Traffic Accident (RTA).

None.

The Scottish Executive has no plans for a specific review. The issue has been discussed with the Scottish Information Commissioner and the Scottish Freedom of Information ImplementationGroup and the Executive will consider what, if any, action is required in responseto any specific legislative barriers to disclosure that are drawn to our attention.

All Civil Service Commissionersare recruited on merit after open advertisement and appointed directly by the Crownunder Royal Prerogative. Concordat arrangementsrequire the Cabinet Office to consult the Scottish Executive and the National Assemblyfor Wales about the appointments of Civil Service Commissioners. The Concordat doesnot make reference to consultation with the Scottish Parliament or leaders of oppositionparties in the Scottish Parliament.

I understand that this concernsa revision of the procedures of the European Court of Justice to enable it to handlerequests for preliminary rulings more speedily. However, until the proposal itselfis tabled it is not possible to know in any detail what those changes are likelyto be.

The United Kingdomhas not made a declaration under Article 35(2) of the Treaty of the European Unionand therefore Scottish courts are unable to make references to the European Courtof Justice for preliminary rulings in connection with framework decisions and decisions.The making of a declaration under Article 35(2) is a matter for the UK government.

All flood prevention schemes confirmed by the Scottish ministers will benefit from the increased grant rate of 80% of eligible costs, announced by the Executive in September 2004. This, coupled with the increase in the funds available to local authorities for flood prevention schemes – to a total of £89 million over the next three years - demonstrates the Executive’s commitment to reducing flood risk to vulnerable communities.

At present, the Executive is considering only Edinburgh City Council’s proposed Water of Leith flood prevention scheme, in particular the report of the public local inquiry into the scheme. A start date for the scheme is dependent on when the statutory confirmation process is completed.