- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Monday, 22 July 2002
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Current Status:
Answered by Jim Wallace on 19 August 2002
To ask the Scottish Executive what powers it or the Lord Advocate has to discipline any sheriff found to be incompetent to perform the functions of the office.
Answer
Under Section 12 of the Sheriff Courts (Scotland) Act 1971 the First Minister may establish an investigation into the fitness for office of any sheriff. During such an investigation the sheriff may be suspended from office. If the First Minister receives a report to the effect that a sheriff is unfit he may make an order removing the sheriff from office. The order would be subject to the approval of the Scottish Parliament.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 1 July 2002
To ask the Scottish Executive whether it has undertaken or commissioned any research into the likely effect on salmon fishings of the existence of the provisions to acquire salmon fishings compulsorily in Part 3 of the Land Reform (Scotland) Bill and, if so, whether it will publish this research.
Answer
No such research has been undertaken or commissioned by the Scottish Executive nor do we believe such research is needed. We are satisfied that any temporary uncertainties created by those who oppose the legislation will be resolved once the legislation is enacted. Once the minimal risks to owners are properly understood, the market will ensure that there is no long-term impact.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 05 June 2002
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Current Status:
Answered by Ross Finnie on 19 June 2002
To ask the Scottish Executive what compensation will be paid to the owners of salmon fishings, sporting rights and mineral rights for any immediate losses in the market value of their holdings as a consequence of the absolute right to buy under Part 3 of the Land Reform (Scotland) Bill.
Answer
The Scottish Executive does not accept that the implementation of legislative provisions for a crofting community right to buy as proposed in Part 3 of the Land Reform (Scotland) Bill will have an adverse impact on the market value of salmon fishings, sporting rights and mineral rights. Consequently we have no plans to pay compensation to owners of such holdings.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 28 May 2002
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Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what representations it has received in relation to the creation of a parallel link road for local traffic between Middlebank and Inchture to connect with the flyover under construction at the Inchture Junction on the A90.
Answer
Six expressions of support for the link road have been received.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 28 May 2002
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Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what the cost of constructing a parallel link road between Middlebank and Inchture with the flyover under construction at the Inchture Junction of the A90 will be and whether the cost will be higher than the cost would be if the link road were constructed at the same time as the flyover is constructed.
Answer
This situation did not arise as the additional statutory road and compulsory purchase orders required for a link road to Inchture are not in place.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 28 May 2002
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Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what account it took of the views expressed by its public inquiry reporter on the creation of a parallel link road for local traffic between Middlebank and Inchture to connect with the flyover at the Inchture Junction on the A90 when it took the decision not to proceed with the construction of the link road at the same time as the flyover is constructed.
Answer
In their decision letter following the Public Inquiry, Scottish ministers accepted the reporter's recommendation to give early consideration to funding the option of extending the link road through to Inchture Interchange. Due to higher priorities on the A90 and elsewhere on the trunk road network it has, to date, not proved possible to accommodate the link road in the current programme.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 10 June 2002
To ask the Scottish Executive how many responses to its consultation paper, Draft Land Reform (Scotland) Bill expressed (a) support for, and (b) opposition to, the provisions in Part 3 of the Land Reform (Scotland) Bill for the compulsory purchase of salmon fishings, and which bodies expressed such support or opposition.
Answer
All the non-confidential responses to the consultation on the draft Land Reform (Scotland) Bill are available in the Parliament's Reference Centre. The consultation was not a referendum on any particular bill provision but rather sought views on the bill as a whole. Most considered responses were qualitative in nature and did not express outright support or opposition to any particular proposals.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive whether a crofting community will be required to show how it will fund its management, as well as its purchase, of a salmon fishing before it is permitted to acquire compulsorily a salmon fishing under Part 3 of the Land Reform (Scotland) Bill.
Answer
As with any other crofting community right to buy application, an application for a right to buy salmon fishings would be required to include the information specified in section 70(5)(e), (f) and (g) of the bill and to succeed such an application must also meet criteria specified in section 71(1)(j), (k), (l) and (o). I am sure these requirements could not be successfully met without demonstrating how the on-going management of the salmon fishings is to be funded.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive how the word "contiguous" in section 65(2)(d) of the Land Reform (Scotland) Bill is to be construed where part of the length of a salmon river abuts croft land at one of its banks.
Answer
The meaning of "contiguous" is clear and unambiguous. It means "touching" or "sharing a border with". In the context of the bill contiguous salmon fishings must abut the croft land and they will only be eligible croft land insofar as they do so.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive which salmon fishings in Scotland are "eligible croft land" within the meaning of the expression in section 67(4)(b) of the Land Reform (Scotland) Bill.
Answer
Salmon fishings which are "eligible croft land" for the purposes of section 67(4)(b) of the Land Reform (Scotland) Bill are those defined as such by section 65(2)(d) of that bill.
