- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 20 July 2005
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Current Status:
Answered by Andy Kerr on 15 August 2005
To ask the Scottish Executive what steps it has taken to ensure that the disposal of NHS land and property achieves full value.
Answer
The Scottish Public Finance Manual(SPFM), issued by Scottish ministers, provides guidance to the Scottish Executiveand other relevant bodies on the proper handlingof public funds, including property. The SPFM includes detailed guidance on thedisposal of surplus property and this guidance is replicated in the NHSScotlandProperty Transaction Handbook which is provided as a ready source of reference forall NHSScotland bodies.
NHSScotland bodies are free toconclude property transactions without reference to the Health Department unlessparticular circumstances require notification to and the approval of the AccountableOfficer. However, they are required to adhere to the guidance contained in thehandbook which includes not only the mandatory requirements with which bodies mustcomply but also guidance on best practice in managing property transactions.
One of the principal means bywhich the department ensures that full value is achieved is by the requirement fora property adviser, an appropriately qualified external adviser, to be appointedfor every transaction. The property adviser assumes overall responsibility for advisingon the non-legal aspects of a transaction. In major or potentially difficult transactionsan Independent Valuer must be appointed as a second source of independent professionaladvice.
It also places responsibilityon NHSScotland bodies for ensuring that on completion each transaction is duly certified.The purpose of certification is to ensure that the responsibility for property transactionsgiven to NHSScotland bodies is properly recognised and acted upon by bodies’chief executives who are ultimately responsible for the overall management of allproperty transactions.
Finally all transactions aresubject to monitoring as part of each body’s internal audit programme and completedreports are submitted to the Health Department for consideration. And any furtheraction deemed appropriate.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 20 July 2005
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Current Status:
Answered by Andy Kerr on 15 August 2005
To ask the Scottish Executive what incidences there have been, if it is normal procedure for clawback clauses to be included in sale contracts within the NHS, of NHS bodies failing to include such clauses over the last ten years.
Answer
As it is not normal practiceto include clawback clauses it is not possible to answer this question.
Post-transaction monitoring isan integral part of the internal audit programme within NHSScotland boards withaudit committees responsible for the oversight of these programmes. Boards are responsiblefor ensuring that annual monitoring reports on completed property transactions aresubmitted to the department.
Over the last five years, post-transactionmonitoring returns to the Health Department have not revealed any instance wherea clawback provision had been omitted where the circumstances of sale suggestedthat such provision should have been included.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 20 July 2005
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Current Status:
Answered by Andy Kerr on 15 August 2005
To ask the Scottish Executive what value the purchaser of the Ayr County Hospital site received from any changes to planning conditions and whether any reimbursement was made to the NHS as a consequence of site value uplift.
Answer
This is a matter for NHS Ayrshireand Arran as successor body to Ayrshire and Arran Acute Hospitals NHS Trust. The informationrequested is not held centrally.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 20 July 2005
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Current Status:
Answered by Andy Kerr on 15 August 2005
To ask the Scottish Executive what clawback clause was inserted into the contract of sale of Ayr County Hospital to cover site enhancement as a consequence of changed planning conditions.
Answer
This is a matter for NHS Ayrshireand Arran as successor body to Ayrshire and Arran Acute Hospitals NHS Trust. The informationrequested is not held centrally.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 20 July 2005
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Current Status:
Answered by Andy Kerr on 15 August 2005
To ask the Scottish Executive what valuation was placed on Ayr County Hospital and associated land immediately prior to its sale in June 1999 and on what date the valuation was set.
Answer
This is a matter for NHS Ayrshireand Arran as successor body to Ayrshire and Arran Acute Hospitals NHS Trust. The informationrequested is not held centrally.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 20 July 2005
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Current Status:
Answered by Andy Kerr on 15 August 2005
To ask the Scottish Executive whether Ayr County Hospital was included in a trawl for possible disposal to other public bodies and, if so, whether there were any positive responses.
Answer
This is a matter for NHS Ayrshireand Arran as successor body to Ayrshire and Arran Acute Hospitals NHS Trust. The informationis not held centrally.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 20 July 2005
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Current Status:
Answered by Andy Kerr on 15 August 2005
To ask the Scottish Executive what changes to planning conditions were made following the sale of Ayr County Hospital in June 1999.
Answer
This is a matter for NHS Ayrshireand Arran as successor body to Ayrshire and Arran Acute Hospitals NHS Trust. The informationrequested is not held centrally.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 11 July 2005
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Current Status:
Answered by Elish Angiolini on 26 July 2005
To ask the Scottish Executive how many criminal cases of alleged assault by women against men have been dropped in each of the last 10 years and what the reasons were for such cases being dropped.
Answer
The information requested isnot available. The Crown Office and Procurator Fiscal Service’s operational case-trackingsystem records details of charges but this does not include searchable informationabout the gender or age of victims.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 28 June 2005
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Current Status:
Answered by Cathy Jamieson on 26 July 2005
To ask the Scottish Executive, further to the answer to question S2W-17390 by Cathy Jamieson on 24 June 2005, whether any person can take individual legal action for defamation if they consider that their reputation may be damaged by a website such as that of Scotland Against Crooked Lawyers.
Answer
Any individual can bring a defamationaction to protect his or her reputation.
Under the Defamation Act 1996a person has a defence in defamation proceedings if: they can show they are notthe author, editor or commercial publisher of the statement complained of; theytook reasonable care in relation to its publication, and did not know and had noreason to believe that what they did caused or contributed to the publication ofa defamatory statement. This is intended to cover printers, distributors, on-lineservice providers and live broadcasters.
Individuals who considerthat a statement made about them is defamatory and may damage their reputation shouldseek their own legal advice.
- Asked by: Phil Gallie, MSP for South of Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 28 June 2005
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Current Status:
Answered by Cathy Jamieson on 26 July 2005
To ask the Scottish Executive, further to the answer to question S2W-17390 by Cathy Jamieson on 24 June 2005, whether it is satisfied that the actions of Scottish Court Service officials did not contravene section 6 of the Human Rights Act 1998.
Answer
As was explained in S2W-17390,as the content of the website appeared to include material that was potentiallydefamatory, SCS officials felt it appropriate to draw this possibility to the attentionof the service provider. That was the extent of the SCS actings in the matter and,as such, was not in contravention of Section 6 of the Human Rights Act 1998.
