Chamber and committees

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Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S2W-00054

Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 12 May 2003
Current Status: Answered by Cathy Jamieson on 5 June 2003

To ask the Scottish Executive, further to the answer to questions S1W-31088, S1W-31487, S1W-32018, S1W-33898 and S1W-34139 by Mr Jim Wallace on 8 November, 22 November and 10 December 2002 and 18 February and 28 February 2003 respectively, what performance points were accrued by the operating company of HM Prison Kilmarnock, broken down for each heading and subsection in Schedule F to the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Ltd for the Design, Construction, Management and Financing of a Prison at Kilmarnock, for the quarter January to March 2003.

I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:The information requested is given in the following table.Performance Points - January to March 2003

2.1(a)	Absconds	0
2.1(b)	Temporary Release: Inadequate Risk Assessment	0
2.1(c)	Release of Prisoner in Error	0
2.1(d)	Failure to Provide Accurate Daily Report	0
2.1(e)	Failure to input basic Details into Prisoner Records	0
2.1(f)	Failure to Process Accurate Warrant Details	0
2.1(g)	Discovery within Prison of Smuggled-in-Items	350
2.1(h)	Key/Lock Compromise	0
2.1( i)	Failure of Security Procedures	150
2.2(a)	Serious Injury	0
	Minor Injury	20
	No Injury	55
2.2(b)	Serious Injury	0
	Minor Injury	20
	No Injury	70
2.2(c)	Incident of Concerted Indiscipline	120
2.2(d)	Incident of Hostage Taking	0
2.2(e)	Incident of Roof Climbing	0
2.2(f)	Incident of Self-Harm	20
2.2(g)	Incident of Class 'A' Drugs	370
2.2(h)	Incident of Drugs Other than Class 'A'	60
2.2(i)	Contingency Planning Exercise (Non-Completion)	0
2.2(j)	Fire Evacuation Exercise (Non-Completion)	0
2.2(k)	Failure to Comply with Agreed Reporting Procedures	0
2.2(l)	Tool/Implement Loss (Recovered)	4
2.2(m)	Tool/Implement Loss (Not Recovered)	4
2.3(a)	Failure to Provide Timeous Medical Assistance	0
2.3(b)	Failure to see Medical Officer on Admission	0
2.3(c)	Failure to Provide Meal	0
2.3(d)	Failure to Comply with Health and Safety and Hygiene Requirements/Legislation	0
2.3(e)	Failure to Respond to Prisoner Complaint Timeously	0
2.3(f)	Substantiated Complaints Against Staff	0
2.3(g)	Failure to Comply with Cleaning Schedule	0
2.3(h)	Failure to Repair (Equipment and Services)	10
2.3(i)	Failure to Repair (Accommodation and Other Areas of Prison)	0
2.4(a)	Failure to Deliver Regime Activity Hours (Sentenced Prisoners) (76-95%)	0
	Failure to Deliver Regime Activity Hours (Sentenced Prisoners) (66-75%)	0
	Failure to Deliver Regime Activity Hours (Sentenced Prisoners) (56-65%)	0
	Failure to Deliver Regime Activity Hours (Sentenced Prisoners) (Less than or Equal to 55%)	0
2.4(b)	Failure to deliver Work Hours (Sentenced Prisoners) (76-95%)	60
	Failure to deliver Work Hours (Sentenced Prisoner )(66-75%)	10
	Failure to deliver Work Hours (Sentenced Prisoners)(56-65%)	0
	Failure to deliver Work Hours (Sentenced Prisoners)(Less than or Equal to 55%)	0
2.4(c)	Failure to Deliver Education Hours (76-95%)	0
	Failure to Deliver Education Hours (66-75%)	0
	Failure to Deliver Education Hours (56-65%)	0
	Failure to Deliver Education Hours (Less than or Equal to 55%)	0
2.4(d)	Failure to Provide Structured Activity Hours (Sentenced Prisoners) ( 75-95%)	200
	Failure to Provide Structured Activity Hours (Sentenced Prisoners) (66-75%)	30
	Failure to Provide Structured Activity Hours (Sentenced Prisoners) (56-65%)	0
	Failure to Provide Structured Activity Hours (Sentenced Prisoners) (Less than or Equal to 55%)	30
2.4(e)	Failure to Deliver Regime Activity Hours for Remand Prisoners (76-95%)	0
	Failure to Deliver Regime Activity Hours for Remand Prisoners (66-75%)	0
	Failure to Deliver Regime Activity Hours for Remand Prisoners (56-65%)	0
	Failure to Deliver Regime Activity Hours for Remand Prisoners (Less than or Equal to 55%)	0
2.4(f)	Failure to Provide Sentence Planning	0
2.4(g)	Failure to Provide Prisoner Compacts	0
2.5(a)	Failure to Deliver Pre-Release Programmes	0
2.5(b)	Visits - Failure to Start within 20 Minutes of Visitor arriving	18
2.5(c)	Prisoner not Visited by Legal Advisor	0
2.6	Failure to Report/Incorrect Reporting of any Performance Measure	0

Question reference: S2W-00291

Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
Date lodged: Tuesday, 20 May 2003
Current Status: Answered by Tavish Scott on 5 June 2003

To ask the Scottish Executive whether the absolute exemption in section 36(2) of the Freedom of Information (Scotland) Act 2002 to the general entitlement to information in section 1 of that act would apply to the release of information other than permitted disclosures relating to a school public private partnership where that partnership had an information and confidentiality clause modelled on clause 59 of the Scottish Schools Standard PPP Contract and, if not, what the circumstances would be in which such a release of information would not be so exempt.

Clause 59 of the Scottish Schools Standard Contract is designed to ensure the co-operation of any contractor in supplying the information that a public authority may require in order to respond to a request made to them under the Freedom of Information legislation.The absolute exemption in section 36(2) of the Freedom of Information (Scotland) Act will only apply in circumstances where the disclosure of information by a public authority could constitute an actionable breach of confidence by a third party. In that event, authorities should discuss with the third party whether the information still needs to be classified as such. If these particular circumstances did not apply the public authority could not properly withhold information under that exemption. Any decision by a Scottish public authority to use this exemption would of course be subject to the appeal procedures set out in the act including a review by the Scottish Information Commissioner.

Question reference: S2W-00047

Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 12 May 2003
Current Status: Answered by Cathy Jamieson on 5 June 2003

To ask the Scottish Executive, further to the answer to question S1W-34684 by Mr Jim Wallace on 25 March 2003, what conclusions the director of HM Prison Kilmarnock has reached with regard to the procedures for suicide prevention at the prison.

Question reference: S2W-00286

Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 19 May 2003
Current Status: Answered by Cathy Jamieson on 4 June 2003

To ask the Scottish Executive, further to the answer to question S1W-27403 by Mr Jim Wallace on 2 August 2002, whether it has received any further notices under paragraph 6.8 of the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Ltd for the Design, Construction, Management and Financing of a Prison at Kilmarnock and, if so, what the date was of any such notice.

Question reference: S2W-00280

Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 19 May 2003
Current Status: Answered by Tavish Scott on 4 June 2003

To ask the Scottish Executive what criteria it will use to determine which operators of public private partnership hospitals will be designated as public authorities under section 5 of the Freedom of Information (Scotland) Act 2002.

Question reference: S2W-00279

Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 19 May 2003
Current Status: Answered by Tavish Scott on 4 June 2003

To ask the Scottish Executive what criteria it will use to determine which operators of private prisons will be designated as public authorities under section 5 of the Freedom of Information (Scotland) Act 2002.

Question reference: S2W-00284

Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 19 May 2003
Current Status: Answered by Cathy Jamieson on 4 June 2003

To ask the Scottish Executive whether including HM Prison Kilmarnock in schedule 1A of the Race Relations Act 1976 by an order under section 71(5) of the act would constitute prison legislation altering the costs incurred by the contractor in fulfilling its obligations under the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Ltd for the Design, Construction, Managing and Financing of a Prison at Kilmarnock and therefore require a variation of price under section 33 of the minute of agreement.

Question reference: S2W-00285

Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 19 May 2003
Current Status: Answered by Andy Kerr on 4 June 2003

To ask the Scottish Executive what steps it will take to ensure that the contracts for all existing public private partnerships projects, including those made by public authorities other than by it, are available to the Parliament subject to deletion of matters that are commercially confidential.

All public authorities should comply with best practice on openness. The majority of PPP projects are with public authorities other than the Scottish Executive. It is the responsibility of individual public authorities to develop their own proposals for making relevant documents to their PPP projects publicly available. Information should only be withheld where disclosure would cause real harm to the legitimate commercial or legal interests of suppliers, contractors, the public sector client or any other relevant party.In due course ministers will issue a code of practice under section 60 of the Freedom of Information (Scotland) Act 2002. This will provide guidance to authorities on discharging their responsibilities under the act.

Question reference: S2W-00278

Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 19 May 2003
Current Status: Answered by Tavish Scott on 4 June 2003

To ask the Scottish Executive what criteria it will use to determine which operators of public private partnership schools will be designated as public authorities under section 5 of the Freedom of Information (Scotland) Act 2002.

Question reference: S2W-00281

Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 19 May 2003
Current Status: Answered by Andy Kerr on 4 June 2003

To ask the Scottish Executive whether designation of operators of existing public private partnership 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.