- Asked by: Murray Tosh, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 16 July 2001
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Current Status:
Answered by Lewis Macdonald on 3 September 2001
To ask the Scottish Executive whether it will review permitted development rights under the planning laws in order to ensure that permitted developments which raise archaeological issues are fully scrutinised and, where appropriate, made conditional upon developer-funded excavations.
Answer
National Planning Policy Guideline (NPPG) 5: Archaeology and Planning acknowledges that some development which is permitted development may give rise to a real and specific threat to a scheduled monument or other significant archaeological site, or their setting. It goes on to say that in such cases planning authorities may wish to consider the use of their powers under Article 4 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 to withdraw particular permitted development rights.We have no plans to revise or augment these arrangements or guidance.
- Asked by: Murray Tosh, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 16 July 2001
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Current Status:
Answered by Allan Wilson on 30 August 2001
To ask the Scottish Executive how many historic sites and buildings are in its ownership and care and managed by Historic Scotland, the National Trust for Scotland and other agencies; what the criteria are for the acquisition of historic sites and buildings, and whether it has conducted, or is considering conducting, any survey of pre-medieval or medieval monuments with a view to taking further sites into its ownership or care.
Answer
Over 300 historic sites and buildings are in the care of Historic Scotland, an agency of the Scottish Executive. Of these, 76 are owned by Scottish ministers and four are on long leases. The remainder, including a few owned by the National Trust for Scotland, are in guardianship under the Ancient Monuments and Archaeological Areas Acts. All are maintained by Historic Scotland. In most cases, visitor services are also provided by the agency, although in a very small number of cases other arrangements are in place.Historic Scotland is not actively seeking to add to the portfolio of properties for which it cares, but approaches are made to the agency from time to time to do so and other opportunities may arise. Such approaches and opportunities are given careful consideration but only sites of national importance or of very exceptional archaeological or architectural merit are taken into care by Historic Scotland on behalf of Scottish ministers.The National Trust for Scotland is a non-governmental organisation. It receives grant assistance from the Scottish Executive, through Historic Scotland, towards the cost of agreed programmes of work to maintain and repair the historic fabric of outstanding properties in its care. Historic Scotland can also pay acquisition grant to the National Trust for Scotland.
- Asked by: Murray Tosh, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 16 July 2001
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Current Status:
Answered by Allan Wilson on 30 August 2001
To ask the Scottish Executive whether it plans to conduct an audit of Scotland's heritage comparable to English Heritage's The Monuments At Risk Survey of England 1995.
Answer
No. The English Heritage Survey was a sampling exercise which demonstrated that monuments are at risk for a variety of reasons. A different approach has been adopted in Scotland. Historic Scotland's Monument Wardens are engaged in a programme under which every scheduled monument in Scotland (there are at present some 7,500) will be visited and its condition recorded in a structured way. Following the conclusion of this programme in 2004, we will have comprehensive and up-to-date information on all monuments scheduled as being of national importance and be in a position to reach informed conclusions about the overall state of ancient monuments in Scotland.
- Asked by: Murray Tosh, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 16 July 2001
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Current Status:
Answered by Allan Wilson on 30 August 2001
To ask the Scottish Executive, further to the answer to question S1W-9277 by Sarah Boyack on 11 September 2000, whether it is now able to report on Historic Scotland's review of ways of recognising and protecting Scotland's battlefield sites, and whether the position paper referred to in the answer to question S1W-9277 has been, or will now be, placed in the Scottish Parliament Information Centre.
Answer
We have concluded that a register of battlefield sites would be a useful resource. My officials in Historic Scotland are engaged in discussions with possible partners in the academic, local government and voluntary sectors regarding the creation of a register, which I should stress would be advisory only.Three relevant items have now been lodged with the Parliament's Reference Centre: Historic Scotland's earlier position paper, the report of the pilot study and a paper prepared for the Ancient Monuments Board for Scotland.
- Asked by: Murray Tosh, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 23 July 2001
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Current Status:
Answered by Jim Wallace on 30 August 2001
To ask the Scottish Executive, further to the answers to questions S1W-15634 and S1W-16259 by Sarah Boyack on 18 June 2001 and 2 July 2001 respectively, whether it will issue a comprehensive summary of all reports, studies and procedures, broken down by Executive Department, where it considers that it is not appropriate to divulge to the public matters which are pertinent to the public interest.
Answer
It would not be practical for the Scottish Executive to publish a summary of information whose disclosure would not be in the public interest. If the summary was to be retrospective this would involve an enormous exercise researching past documents which had not been placed in the public domain and considering whether the public interest in disclosure was outweighed by any of the exemptions in Part 2 of the Code of Practice on Access to Scottish Executive Information.In line with its policy on the disclosure of information, as set out in Part 1 of the Code, the Scottish Executive publishes, or releases on request, information whose disclosure is in the public interest.
- Asked by: Murray Tosh, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Friday, 13 July 2001
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Current Status:
Answered by Jim Wallace on 30 August 2001
To ask the Scottish Executive, further to the announcement on 5 July 2001 by the Minister for Justice regarding consultation on an independent body to look into complaints against the police, whether it will detail all complaints procedures which fall within the Executive's responsibility, which of these already contain significant independent elements, and what plans it has to introduce greater independence into any complaints procedures.
Answer
The Executive, across all its responsibilities, is subject to independent investigation by the Scottish Parliamentary Commissioner for Administration (SPCA) in the event of any claims made by the public of injustice resulting from maladministration.The Executive is currently consulting on new proposals for modern public sector Ombudsman arrangements in Scotland, with a view to introduction of a Scottish Public Sector Ombudsman Bill to the Parliament. The key policy contained in the Bill will be the creation of a one-stop shop which will combine the existing functions of the SPCA, the Health Service Commissioner for Scotland, the Commissioner for Local Administration in Scotland and the Housing Association Ombudsman for Scotland. It is proposed that the one-stop shop should also deal with complaints made against Scottish Enterprise and Highlands and Islands Enterprise, whose existing External Complaints Adjudicators will be wound up. The Bill will contain provisions which will continue and reinforce the independence of the Ombudsman function.Additionally, specific arrangements exist for dealing with complaints about administrative procedures in certain areas for which the Executive has responsibility. Details are set out in the table.
Scottish Executive Area | Nature of Complaints |
Scottish Executive Environment and Rural Affairs Dept. |
Crofters Commission | Complaints against the standard of service provided by Crofters Commission Area Office Staff. |
Crofters Commission | Complaints about Crofting Building Grants and Loan Cases. |
Scottish Fisheries Protection Agency | Complaints about dissatisfaction with service provided by the Scottish Fisheries Protection Agency. |
Environment Group | Complaints about the handling of environmental appeals cases by the Executive.This process is due to be revised. |
Environment Group | Complaints to Scottish ministers that a coast protection authority (i.e. local authority) have failed to take sufficient measures. |
CAP Management Division | Complaints about:administration of the Integrated Administration and Control System which processes CAP schemes; decisions which affect claims for agricultural subsidies, or standard of service received.The procedure is currently under review as part of the wider review of CAP administration. |
Scottish Executive Development Dept. |
Scottish Executive Inquiry Reporters Unit (SEIRU) | Complaints procedure for services provided by SEIRU as set out in the Unit's Charter Standard Statement. |
Rent Registration Service | Complaints about Rent Registration Service functions. |
Scottish Executive Justice Dept. |
Courts Group | Complaints about Court of Session judges are submitted to the Scottish ministers.Where serious concerns exist about a Court of Session judge, a tribunal may be constituted to investigate that person's fitness for office. If the tribunal reports that the person in question is unfit for office, the First Minister may make a motion to the Scottish Parliament for the judge's removal from office. If the Parliament passes such a resolution, the First Minister can make a recommendation to Her Majesty that the judge in question be removed from office. |
Courts Group | Complaints about sheriffs principal and sheriffs are submitted to the Scottish ministers.The Lord President of the Court of Session and the Lord Justice Clerk undertake an investigation into the sheriff principal or sheriff's fitness for office. If the individual is found to be unfit for office, the First Minister may make an order, subject to the resolution of the Scottish Parliament, removing him or her from office. |
Courts Group | Complaints about part-time sheriffs are submitted to the Scottish ministers.Where there are serious concerns about the fitness for office of a part-time sheriff, the Scottish ministers may request an investigation to be carried out by a tribunal, appointed by the Lord President of the Court of Session. If the tribunal finds the individual unfit for office, it may order that the part-time sheriff be removed from office. |
Scottish Prison Service (SPS) | Complaints Procedure (CP) for Prisoners.This procedure is established through The Prisons and Young Offenders Institutions (Scotland) Rules 1994 as amended. This enables prisoners to raise complaints formally on general matters; confidential matters direct to the Governor; medical complaints, and appeals against Orderly Room (disciplinary) decisions. The CP system enables complaints to be considered on a progressive basis from residential officer to Governor in Charge. Where a complaint has gone through the CP system and the prisoner remains dissatisfied with the answers provided he can raise the matter with the Scottish Prisons Complaints Commissioner. (SPCC).The SPCC is independent of the SPS and was created by administrative arrangements. The Commissioner can investigate any complaint (except medical complaints), which have exhausted the internal CP system.Prisoner's complaints about medical matters are dealt with by the prison Medical Officer. The General Medical Council or relevant professional health care body provide an independent element. |
Criminal Justice | Complaints about the performance or behaviour of justices of the peace (JPs) are submitted to Scottish ministers. Full (bench-sitting) justices may be removed from office only by an independent tribunal, appointed by the Lord President. Signing (non bench-sitting) justices may be removed from office by Scottish ministers.A wide-ranging review of the district courts is imminent and the appointment and removal arrangements of JPs will be considered as part of that. |
Criminal Justice | Stipendiary Magistrates may only be removed from office under the same procedures as apply to full-time Sheriffs.The procedures for dealing with complaints against Stipendiary Magistrates may be considered as part of the review of the district courts |
Scottish Executive Health Dept. |
NHS | Complaints relating to NHS Scotland organisations. |
Scottish Executive Education Dept. |
Historic Scotland | Complaints procedure for any matters for which Historic Scotland is responsible, as set out in the publication Raising the Standard - A Contract for the Built Heritage. |
HM Inspectorate | Complaints about any aspect of an inspection or inspection report.HM Chief Inspector and HM Deputy Senior Chief Inspector are not part of inspection teams and therefore provide an independent element to the procedure. |
Scottish Execuitve Enterprise and Lifelong Learning Dept. |
Student Awards Agency | Complaints about level of service falling below expected standards.It is intended to review this procedure during 2002. |
Scottish Executive Finance and Central Services Dept. |
Statistics Group | Complaints about any statistics published by the Scottish Executive statistical service.Agreement has recently been reached that the independent UK Statistics Commission will function in Scotland. Implementation issues are still under consideration. |
Crown Office |
Crown Office | Crown Office and the Procurator Fiscal Service has an internal complaints procedure. In terms of the complaints procedure published on the departmental website and in accordance with the Justice Charter, members of the public are invited to address complaints to the relevant Procurator Fiscal, the Lord Advocate's Department or the Crown Agent depending on the nature of the complaint or enquiry.A detailed review of the complaints procedure has just been completed and the department is in the process of implementing an improved procedure. |
- Asked by: Murray Tosh, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 23 July 2001
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Current Status:
Answered by Angus MacKay on 28 August 2001
To ask the Scottish Executive what use it makes of renewable sources of heat and energy in its offices and what advice, guidance or instruction it gives to non-departmental public bodies, Executive agencies, local authorities and other public sector bodies on the use of renewable sources of heat and energy in their properties.
Answer
The current contract for electricity with Scottish Southern Energy was put in place on 1 July 2000. The terms of the contract require the production of electricity from new renewable sources, which enables supplies to be exempt from Climate Change Levy. Under the terms of the contract, electricity is supplied not only to the Scottish Executive but also to 31 other Scottish public sector organisations, covering 618 public buildings across Scotland. The Executive's Scottish Energy Efficiency Office advises both the public and private sector on ways and methods of being more energy efficient, as well as advising on ways of obtaining energy from renewable sources.
- Asked by: Murray Tosh, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 16 July 2001
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Current Status:
Answered by Sarah Boyack on 22 August 2001
To ask the Scottish Executive, further to the answer to question S1W-12509 by Sarah Boyack on 17 May 2001, whether the discussions with Skye Bridge Limited have now taken place and, if so, what the outcome was.
Answer
These discussions have not yet taken place. As stated in the response to question S1W-12509, the issue will be raised when we next negotiate with Skye Bridge Ltd on matters affecting the concession.
- Asked by: Murray Tosh, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 30 July 2001
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Current Status:
Answered by Ross Finnie on 22 August 2001
To ask the Scottish Executive, further to the remarks made by the Minister for Environment and Rural Development regarding market collapse in industries affected by the foot-and-mouth disease outbreak at the meeting of the Transport and Environment Committee on 9 May 2001 (Official Report, col. 1795), what strategies have been formulated to stimulate urgently markets affected in this way.
Answer
The most important step in tackling the effects of foot-and-mouth disease was to eradicate the disease as quickly as possible so that recovery measures could be introduced. The last reported case in Scotland was on 30 May, since when we have been able to remove most of the restrictions on access to the countryside for the benefit of tourism and have removed constraints on the movement of livestock as far as it is prudent to so do. We have also permitted a limited resumption of livestock markets from 20 August, with a more general re-opening of markets planned from 1 September. This will benefit many farmers and related businesses such as haulage companies. The European Commission has agreed to our proposals for a Private Storage Aid scheme for UK sheepmeat which will help to remove some of the anticipated surplus from the market later in the year. I am also pressing the case for the early resumption of exports of meat and livestock from Scotland which would represent a further important step in the recovery process. Businesses affected by the foot-and-mouth disease outbreak are also benefiting from the £30 million of financial support which we have announced over the past few months.
- Asked by: Murray Tosh, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 30 July 2001
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Current Status:
Answered by Ross Finnie on 22 August 2001
To ask the Scottish Executive what progress has been made to date by the ministerial sub-committee set up to examine the impact of the foot-and-mouth disease outbreak and address the issues arising; when the sub-committee expects to announce definitive and comprehensive policy and resource decisions in connection with all outstanding compensation and market support issues, and what recommendations the sub-committee will make in relation to compensation payments for the livestock haulage sector.
Answer
The Ministerial Committee on Rural Development Sub-Group on Impacts of Foot-and-Mouth Disease has met on a regular basis over the past few months to review progress of the impact assessment work and to discuss action required to relieve immediate hardship and to begin the process of recovery. Since the establishment of the sub-group, measures amounting to over £30 million have been announced, including additional resources for the Enterprise Networks to provide help to businesses affected by the foot-and-mouth disease crisis.