- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 01 September 2003
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Current Status:
Answered by Jim Wallace on 9 September 2003
To ask the Scottish Executive what effect the proposed European directive on hallmarking will have on Scotland's image and economy.
Answer
A Regulatory ImpactAssessment will be carried out by the Department of Trade and Industry for thisreserved matter.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Friday, 25 July 2003
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Current Status:
Answered by Cathy Jamieson on 18 August 2003
To ask the Scottish Executive whether persons convicted of murder or culpable homicide who seek compensation in respect of their treatment in prison are entitled to be granted legal aid and, if so, whether there is any limit on the amount of legal aid granted to them, and, if there is such an entitlement, in how many such cases legal aid has been granted in the last five years.
Answer
A solicitor may grant advice and assistance under the legal aid scheme if the matter is one of Scots law and the client meets the financial eligibility test. In general, a solicitor must work within an initial cost ceiling of £80; if however, the case is likely to go to court, then the cost ceiling is £150. In either case, the board's approval is needed before a solicitor can incur expenditure above these limits.Applications for civil legal aid are assessed by the Scottish Legal Aid Board applying the statutory tests prescribed in the Legal Aid (Scotland) Act 1986; these are financial eligibility, probable cause and reasonableness. Each application is considered on its own merits and there are no restrictions on those who may apply for legal aid or on how many applications may be submitted. The board's prior approval is needed if a solicitor wishes to incur costs of an unusual or expensive nature. The board does not collate information on the number of persons convicted of murder or culpable homicide who have been granted civil legal aid or advice and assistance on matters relating to their treatment in prison.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 22 July 2003
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Current Status:
Answered by Ross Finnie on 14 August 2003
To ask the Scottish Executive what action it has taken, or will take, to amend legislation to widen the prescription authorisation for veterinary medicines or to seek a derogation of article 67 of the EU veterinary medicines directive (EC/2001/82).
Answer
I refer the member to the answer given to question S2W-1620 today. 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/search_wa.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 22 July 2003
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Current Status:
Answered by Ross Finnie on 14 August 2003
To ask the Scottish Executive whether implementation of the proposed changes to the EU veterinary medicines directive (EC/2001/82) will prevent the public from accessing pet medicines, such as worming tablets, through high street pet shops.
Answer
This is a reserved matter, however as the amendment to Directive 2001/82/EC relates to food producing animals it will not affect the accessibility through pet shops of certain veterinary medicinal products.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 22 July 2003
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Current Status:
Answered by Ross Finnie on 14 August 2003
To ask the Scottish Executive what advice it has taken on whether it will be legal for the public to purchase, and use, veterinary products obtained in other European Union countries, such as France, where prescription practice differs.
Answer
Current legislation prohibits the administration, or import for the purpose of administration, to an animal of a veterinary medicinal product unless it is the subject of a marketing authorisation valid in the UK. There are no proposals to change the application of these provisions to members of the public.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 22 July 2003
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Current Status:
Answered by Ross Finnie on 14 August 2003
To ask the Scottish Executive what discussions it has had with Her Majesty's Government and the National Farmers Union Scotland regarding the implementation of the proposed changes to the EU veterinary medicines directive (EC/2001/82).
Answer
You will be aware that veterinary medicines legislation is a reserved issue. Notwithstanding this, where new policies would have implications for Scottish farmers, my officials bring these to the attention of colleagues in Department for Environment, Food and Rural Affairs and the Veterinary Medicine Directorate to inform negotiations.As regards the prescription authorisation, the current position is that while the UK (supported by the Netherlands and Ireland), opposed the proposal for an Article 67 amendment, the existing prescription requirement has been retained by the Commission. However, there is possible flexibility in the form of an exemption list. This list has yet to be drawn up and we are awaiting the criteria that medicines will have to fulfil to be considered to be exempt. I understand that the UK intends to include as many PML (pharmacy and merchants' list) products as possible on the exemption list.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 22 July 2003
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Current Status:
Answered by Ross Finnie on 14 August 2003
To ask the Scottish Executive whether implementation of the proposed changes to the EU veterinary medicines directive (EC/2001/82) will remove the right of farmers to use, without a veterinary prescription, any medicinal product obtained within Scotland and, if so, what the effect will be on animal welfare given current flexibility of the pharmacy and merchants' list.
Answer
I refer the member to the answer given to question S2W-1620 today. 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/search_wa.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 21 July 2003
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Current Status:
Answered by Malcolm Chisholm on 14 August 2003
To ask the Scottish Executive what advice it has been offered by Her Majesty's Government's Department of Health regarding the operation of the Adults with Incapacity (Scotland) Act 2000.
Answer
The subject matter of the Adults with Incapacity (Scotland) Act 2000 falls within devolved competence, and the Executive has therefore not received any advice from Department of Health.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 21 July 2003
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Current Status:
Answered by Malcolm Chisholm on 14 August 2003
To ask the Scottish Executive what contact it has had with Her Majesty's Government's Department of Health regarding the operation of the Adults with Incapacity (Scotland) Act 2000.
Answer
There have been discussions between the Executive and Department of Health about the impact which the EU Clinical Trials Directive (2001/20/EC) may have on the research provisions of part 5 of the act.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 21 July 2003
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Current Status:
Answered by Malcolm Chisholm on 14 August 2003
To ask the Scottish Executive whether it will amend the Adults with Incapacity (Scotland) Act 2000 to remove the requirement for GPs to make declarations on their patients' ability to make personal decisions and, if so, what the timetable is for removing this requirement and what its position is on the statement in an article in Doctor on 10 July 2003 that there will be no requirement for GPs in England and Wales to make declarations on patients' capacity to make personal decisions
Answer
The Executive's consultation on the review of the code of practice that accompanies part 5 concluded on 30 June. We are currently analysing the responses. The Executive has also recently commissioned research into issues raised by the implementation of part 5. These exercises will be taken into account in any future review of the operation of part 5 of the act.The content of the draft Mental Incapacity Bill for England and Wales is a matter reserved to the UK Parliament, and lies within the responsibility of the Department for Constitutional Affairs.
