Chamber and committees

Local authorities may have a duty themselves under section 46 the Countryside (Scotland) Act 1967 to clear landslip debris blocking a public right of way in certain circumstances. In addition it may be possible for local authorities to use provisions of the Environmental Protection Act 1990 to compel a landowner to clear landslip debris blocking a public right of way. The precise application of these provisions in any particular case could ultimately be a matter for the courts to decide.

Section 46(1) of the Countryside (Scotland) Act 1967 imposes a clear duty on local authorities to assert, protect and keep open and free from obstruction or encroachment any public right of way which is wholly or partly within their area.

Decisions will be made as soon as possible after the Rural Stewardship Scheme (Scotland) Regulations 2001 come into force.

Aggregated public sector procurement of telecommunications will be tested initially in two Pathfinder areas. Our aim is that, by guaranteeing a substantial volume of public sector demand, telecommunications companies are also encouraged to increase supply of higher bandwidth commercial services to the benefit of rural businesses. However, provision of services will be a commercial matter for the telecoms providers according to demand. The Executive recognises, however, that there may be benefit in steps to stimulate private sector demand. We will be working with the enterprise agencies and with DTI to develop measures to stimulate demand.

Aggregated procurement is a new approach which we are testing first in pathfinder areas. The procurement process is likely to be lengthy, and contracts will have to be fulfilled, before any formal evaluation and consideration of wider deployment can proceed. However, in the meantime, this will not preclude local authorities in other areas considering the potential benefits of a similar approach themselves. We will be keeping local authorities informed, via CoSLA, of the progress of the project.

Precise requirements are currently being determined and are expected to vary depending on service area. For example, requirements for a hospital will not be the same as for a GP or a school.

The Executive will decide, in the light of experience in pathfinder areas and developments in the telecommunications market, at what stage and how it should support aggregated procurement in zones other than pathfinder areas. Lessons from pathfinders will be passed to other parts of Scotland such that partners may themselves pursue aggregation. We also expect that there will be some areas where the market will supply services without such action on the part of the public sector.

The Executive cannot specify speed, or capacity, of telecoms services to be made available to the private sector. This is a commercial matter for the telecoms providers and will depend upon demand. Our proposals for aggregated public sector procurement of telecoms connectivity aims to provide certainty and a volume of revenue to a supplier that should stimulate them also to provide more extensive and affordable services to businesses and individuals.

This is part of the Prison Estates Review on which I intend to consult later this year.

As announced by Nicol Stephen on 24 May, we shortly intend to conduct a review of swimming provision available to pupils in Scotland. This information will establish a comprehensive picture and will be used to consider what, if any, action should be taken across Scotland.