- Asked by: Kenny MacAskill, MSP for Lothians, Scottish National Party
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Date lodged: Thursday, 12 May 2005
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Current Status:
Answered by Cathy Jamieson on 23 May 2005
To ask the Scottish Executive what its position is on the proposal of the UK Government and others for a European Council Framework Decision on the retention of data processed and stored in connection with the provision of publicly available electronic communications services or data on public communications networks for the purpose of prevention, investigation, detection and prosecution of crime and criminal offences including terrorism, and particularly on the proposal's impact on (a) civil liberties and (b) electronic communications service providers in Scotland.
Answer
The matters contained in this draft framework decision are reserved to the UK Government.
The Scottish Executive supports the UK Government’s efforts to succeed in the fight against organised crime and terrorism and to work with other member states to deliver an area of freedom, security and justice.
- Asked by: Kenny MacAskill, MSP for Lothians, Scottish National Party
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Date lodged: Thursday, 12 May 2005
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Current Status:
Answered by Cathy Jamieson on 23 May 2005
To ask the Scottish Executive how it reconciles the answer to question S1W-33063 by Mr Jim Wallace on 21 January 2003 with the answer to question S2W-16105 by Cathy Jamieson on 4 May 2005 in respect of how often the controller of HM Prison Kilmarnock has agreed that a cell may be shared by two prisoners under section 23.4.1 of the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Limited for the Design, Construction, Management and Financing of a Prison at Kilmarnock in each quarter of the prison's operation and in the current year to date and whether it will provide a revised answer to question S2W-16105.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows: The answer provided to questions S1W-33063 and S2W-16105 were correct. The answer to question S2W-16105 was intended to convey the fact that no instances of section 23.4.1 being invoked had been recorded since question S1W-33063 was answered. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can found at
http://www.scottish.parliament.uk/webapp/wa.search.
- Asked by: Kenny MacAskill, MSP for Lothians, Scottish National Party
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Date lodged: Thursday, 12 May 2005
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Current Status:
Answered by Cathy Jamieson on 23 May 2005
To ask the Scottish Executive, further to the answers to questions S2W-8485 and S2W-10935 by Cathy Jamieson on 8 June 2004 and 19 October 2004, how many prison officer hours have now been released from prisoner transport duties as a result of the contract with Reliance Secure Task Management Ltd for the provision of prisoner escort and court custody services.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows: I refer the member to the answer to question S2W-10935 on 19 October 2004. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/wa.search.
- Asked by: Kenny MacAskill, MSP for Lothians, Scottish National Party
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Date lodged: Thursday, 12 May 2005
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Current Status:
Answered by Colin Boyd on 23 May 2005
To ask the Scottish Executive how long each person for whom a European Arrest Warrant has been issued was held in custody before surrender.
Answer
Only one European Arrest Warrant has been executed so far in Scotland. In response to a request from Poland, a man was arrested and held overnight before being granted bail by the Court in Edinburgh.
- Asked by: Kenny MacAskill, MSP for Lothians, Scottish National Party
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Date lodged: Thursday, 12 May 2005
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Current Status:
Answered by Cathy Jamieson on 23 May 2005
To ask the Scottish Executive what opportunity the Scottish Parliament will have to scrutinise the proposal of the UK Government and others for a European Council Framework Decision on the retention of data processed and stored in connection with the provision of publicly available electronic communications services or data on public communications networks for the purpose of prevention, investigation, detection and prosecution of crime and criminal offences including terrorism.
Answer
I refer the member to the answer given to question S2W-16495 on 23 May 2005. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/wa.search.
- Asked by: Kenny MacAskill, MSP for Lothians, Scottish National Party
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Date lodged: Tuesday, 10 May 2005
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Current Status:
Answered by Tom McCabe on 19 May 2005
To ask the Scottish Executive what the estimated costs are to be incurred by (a) Lothian and Borders Police, (b) Lothian and Borders Fire Brigade, (c) the Scottish Ambulance Service, (d) NHS Lothian and (e) the City of Edinburgh Council as a result of the G8 summit.
Answer
It will not be possible to give an accurate figure for G8-related expenditure until after the summit.
- Asked by: Kenny MacAskill, MSP for Lothians, Scottish National Party
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Date lodged: Wednesday, 06 April 2005
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Current Status:
Answered by Margaret Curran on 13 May 2005
To ask the Scottish Executive whether it will designate the operator of the new private prison at Addiewell as a public authority under section 5 of the Freedom of Information (Scotland) Act 2002 for the purpose of the act.
Answer
Ministers are considering a number of issues relating to this matter. I will write to the member as soon as a conclusion has been reached.
- Asked by: Kenny MacAskill, MSP for Lothians, Scottish National Party
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Date lodged: Tuesday, 03 May 2005
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Current Status:
Answered by Colin Boyd on 12 May 2005
To ask the Scottish Executive whether any of the European Arrest Warrants received have been for acts that are not offences in Scots law.
Answer
Scotland has so far received five European Arrest warrants. I can confirm that they all relate to acts that are offences known to Scots Law.
- Asked by: Kenny MacAskill, MSP for Lothians, Scottish National Party
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Date lodged: Tuesday, 03 May 2005
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Current Status:
Answered by Colin Boyd on 12 May 2005
To ask the Scottish Executive, for each offence listed in Article 2(2) of Council Framework Decision 2002/584/SHA on the European Arrest Warrant and the surrender procedures between member states, for which offences in Scots law it considers a European Arrest Warrant could be issued without verification of double criminality by the receiving member state.
Answer
Scots Criminal Law is largely based on the common law. As a result there is a wide variety of offences and aggravations available to meet a very large number of circumstances. It is not possible to compile an exhaustive list of the offences in Scots Law and it would not be practical or helpful to do so. Where consideration is given to the issuing of a European Arrest Warrant, in all cases the list of offences in Article 2.2 of the Council Framework Decision would be examined to see whether the offence involved would be covered by one of the offences on that list.
- Asked by: Kenny MacAskill, MSP for Lothians, Scottish National Party
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Date lodged: Tuesday, 03 May 2005
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Current Status:
Answered by Colin Boyd on 12 May 2005
To ask the Scottish Executive, further to the answer to question S2W-15878 by Colin Boyd QC on 21 April 2005, whether it will provide a breakdown of the European Arrest Warrants received by (a) issuing country and (b) offence in (i) 2004 and (ii) 2005.
Answer
In 2004, Scotland received three European Arrest Warrants and to date in 2005 Scotland has received a further two European Arrest Warrants.
Two of those received in 2004 were from Portugal, but were subsequently withdrawn.
One of the warrants received in 2005 was from Poland in respect of an allegation of attempted murder. It was executed earlier this year.
The other warrants remain outstanding. It is inappropriate for operational reasons to give details of either the issuing country or the offences for which those outstanding warrants have been issued.
