- 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 Tom McCabe on 28 April 2005
To ask the Scottish Executive, further to the answer to question S2W-281 by Mr Andy Kerr on 4 June 2003, whether it has sought legal advice on whether designation of operators of existing PPP schools as public authorities under section 5 of the Freedom of Information (Scotland) Act 2002 would constitute either a discriminatory change of law or a specific change of law, as defined in the Scottish Schools Standard PPP Contract.
Answer
The Executive has not sought legal advice on this issue.
- 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 Tom McCabe on 28 April 2005
To ask the Scottish Executive what action it has taken since the passing of the Freedom of Information (Scotland) Act 2002 to monitor clauses in PPP contracts that would place additional costs on the public authority if the contractor was designated under section 5 of the Freedom of Information (Scotland) Act 2002.
Answer
The Executive monitors PPP contracts routinely as part of its policies on standardisation of PPP procurement terms but no specific assessment has been made of the cost implications of provisions in the contracts relating to the Freedom of Information (Scotland) Act 2002.
- 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 Tom McCabe on 28 April 2005
To ask the Scottish Executive what action it has taken since the passing of the Freedom of Information (Scotland) Act 2002 to monitor clauses in PPP contracts that create a duty of confidentiality between the parties exempting information from being provided in answer to a request for it under section 36(2) of the act.
Answer
The Scottish Executive Financial Partnerships Unit monitors PPP contracts routinely as part of its polices on standardisation of PPP procurement terms but no specific monitoring of confidentiality clauses has been undertaken. The unit has discussed the implications of the Freedom of Information Act 2002 with commercial and public sector legal advisers who support such procurements and with HM Treasury and PartnershipsUK, who have a similar interest relating to PPP contracts elsewhere in the UK. These discussions led some time ago to incorporation of wording relating to the 2002 act in PPP contracts.
Further, guidance issued in December 2004 by the Scottish Procurement Directorate advises that the conditions of any public sector procurement should clearly explain that information provided to the public body by the bidder may be subject to disclosure under the act. PPP terms are consistent with that guidance. These terms will be kept under review as practice under the act develops.
- Asked by: Kenny MacAskill, MSP for Lothians, Scottish National Party
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Date lodged: Wednesday, 20 April 2005
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Current Status:
Answered by Cathy Jamieson on 28 April 2005
To ask the Scottish Executive what notices it has received under paragraph 6.8 of 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 and on what dates since the start of the prison's operation.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:
Notices were received on 19 April 2002; 30 January 2003; 29 January 2004.
- Asked by: Kenny MacAskill, MSP for Lothians, Scottish National Party
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Date lodged: Wednesday, 20 April 2005
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Current Status:
Answered by Cathy Jamieson on 28 April 2005
To ask the Scottish Executive what performance points were accrued by the operating company of HM Prison Kilmarnock, broken down for each heading and subsection in Schedule F to 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.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:
The available information is given in a table entitled Performance Points Accrued by HMP Kilmarnock, a copy of which can be found in the Parliament’s Reference Centre (Bib. number 36304).
- Asked by: Kenny MacAskill, MSP for Lothians, Scottish National Party
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Date lodged: Wednesday, 20 April 2005
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Current Status:
Answered by Cathy Jamieson on 28 April 2005
To ask the Scottish Executive, further to the answer to question S1W-34415 by Mr Jim Wallace on 31 March 2003, what figures are available in respect of assaults at HM Prison Kilmarnock.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:
Figures are available for prisoner on prisoner and prisoner on staff assaults; these are published in the Scottish Prison Service’s Annual Report.
- Asked by: Kenny MacAskill, MSP for Lothians, Scottish National Party
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Date lodged: Wednesday, 20 April 2005
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Current Status:
Answered by Cathy Jamieson on 28 April 2005
To ask the Scottish Executive on what dates a written notice has been served under section 34.1 of 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 requiring the contractor to provide additional prisoner places; how many places have been required, and what period of notice was given in each case.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:
| Date of Request | Additional Places Required | Notice Period Given | Duration |
| 21 June 2000 | 48 | 1 Month | 5 Months |
| 13 November 2000 | 48 | 1 Month | Extension for 3 Months |
| 26 February 2001 | 48 | 1 Month | Extension for 3 Months |
| 31 May 2001 | 48 | 1 Month | Extension for 3 Months |
| 7 September 2001 | 48 | 1 Day | Extension for 3 Months |
| 5 December 2001 | 48 | 3 Days | Extension for 6 Months |
| 29 May 2002 | 48 | 10 Days | Extension for 6 Months |
| 1 November 2002 | 48 | 1 Month | Extension for 1 Month |
| 1 November 2002 | *192 | 3 Months | 1 Year |
| 7 February 2003 | 96 | **None | 1 Year |
| 17 December 2003 | 96 | 2 Months | 1 Year |
| 31 December 2004 | 96 | 2 Months | 1 Year |
Notes:
*An initial request was made for 192 additional prisoner places to be made available with SPS intention to utilise 96 of those places. To date SPS has not chosen to exercise the option for utilisation of the remaining 96 additional prisoner places.
**KPSL had stated that 596 prisoner places would be provided with effect from
1 February 2003.
- Asked by: Kenny MacAskill, MSP for Lothians, Scottish National Party
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Date lodged: Wednesday, 20 April 2005
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Current Status:
Answered by Cathy Jamieson on 28 April 2005
To ask the Scottish Executive what the quarterly baseline total was, as defined in paragraph 3 of Schedule F to 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 since the prison opened.
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-1869 on 9 September 2003, which details the baseline totals for HM Prison Kilmarnock from year one, quarter one to year five, quarter one.
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. Baseline totals for year five, quarter two to year six, quarter four are as follows:
| Performance Year | Performance Quarter | Baseline |
| Year Five | 2 | 665 |
| 3 | 665 |
| 4 | 665 |
| Year Six | 1 | 632 |
| 2 | 632 |
| 3 | 632 |
| 4 | 632 |
- Asked by: Kenny MacAskill, MSP for Lothians, Scottish National Party
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Date lodged: Wednesday, 20 April 2005
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Current Status:
Answered by Cathy Jamieson on 28 April 2005
To ask the Scottish Executive whether it will provide a breakdown by prison of the prison discipline offences and punishments figures contained in the table in Appendix 6 of Scottish Prison Service Annual Report and Accounts 2003-04 and whether it will provide a similar breakdown for 2004-05.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:
The available information for 2003-04, has been placed in the Parliament’s reference Centre (Bib. number 36286). The information for 2004-05 is not yet available.
- Asked by: Kenny MacAskill, MSP for Lothians, Scottish National Party
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Date lodged: Friday, 15 April 2005
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Current Status:
Answered by Cathy Jamieson on 28 April 2005
To ask the Scottish Executive, further to the answers to questions S2W-14803 and S2W-15333 by Cathy Jamieson on 9 March and 13 April 2005 respectively, with which agencies from around the world it has worked directly to counter terrorism.
Answer
I refer the member to the answer to question S2W-15333 on 13 April, 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.
