- Asked by: Rob Gibson, MSP for Highlands and Islands, Scottish National Party
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Date lodged: Monday, 07 March 2005
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Current Status:
Answered by Peter Peacock on 18 March 2005
To ask the Scottish Executive what percentage of chartered teachers who have qualified were seconded to undertake the Chartered Teachers programme.
Answer
Teachers are not seconded from their normal duties to undertake the Chartered Teacher programme. Whether teachers are pursuing the programme route or the accreditation route, they are expected to do so in their own time.
- Asked by: Rob Gibson, MSP for Highlands and Islands, Scottish National Party
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Date lodged: Thursday, 10 March 2005
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Current Status:
Answered by Peter Peacock on 18 March 2005
To ask the Scottish Executive, further to the answer to question S2W-12692 by Peter Peacock on 14 December 2004, what information it has on whether its recommendation to the Foreign and Commonwealth Office that the guide should be translated into Gaelic has been implemented and whether the guide will be translated into Scots.
Answer
Discussions between the Scottish Executive and the Foreign and Commonwealth Office about the UK Government’s plans for translating the Guide to the European Union have not yet been concluded.
- Asked by: Rob Gibson, MSP for Highlands and Islands, Scottish National Party
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Date lodged: Friday, 04 February 2005
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Current Status:
Answered by Tavish Scott on 10 March 2005
To ask the Scottish Executive, further to the answer to question S2W-12959 by Tavish Scott on 28 January 2005, what its policy is in relation to the undertaking of criminal prosecutions by private individuals and whether the power for a landowner or occupier, as well as the procurator fiscal, to prosecute an alleged offender under the Game (Scotland) Act 1832 is consistent with this policy.
Answer
The sole public prosecutor inScotland is the Lord Advocate. He is represented locally by the Procurator Fiscal.The question of prosecution by a private individual is a matter of law rather thanpolicy.
The authority vested in landownersand others by virtue of the Game (Scotland) Act 1832 can be distinguished from private prosecution.
A person may apply to the HighCourt of Justiciary for authority to bring a private prosecution in relation toa crime at common law or a statutory offence for which imprisonment without optionof a fine is competent. Such a person must establish that he or she has a substantialinterest to do so and that the Lord Advocate has refused to prosecute. The petitionermust state that the Lord Advocate has not only refused to prosecute but has alsorefused to concur in a private prosecution. In considering whether to concur ina private prosecution in any case the Lord Advocate will have regard to whetherit is in the public interest in view of the facts and circumstances of the case.Such prosecutions have only been authorised by the High Court twice since 1900.
In contrast, section 2 of theGame (Scotland) Act 1832 is a specific statutory provision which provides that atrespasser who has been required to quit land and give his or her name and abodebut refuses to do so may be arrested and brought before a justice of the peace and,on summary conviction, at the instance of the owner or occupier of the land or theProcurator Fiscal may be required to pay a financial penalty of not more than levelone on the standard scale. It would be inappropriate for a person to be prosecutedtwice for the same offence and therefore, in practice, any person seeking to prosecutea trespasser for this offence should ensure that no other proceedings are in contemplationor have been taken.
We are not aware of any casesin recent times in which a private individual has initiated a prosecution in termsof section 2 of the act but records held indicate that a very small number of offenceshave been reported to procurators fiscal.
Any review of the Game (Scotland) Act1832 will provide an opportunity to examine
the situation and consider amendments.
- Asked by: Rob Gibson, MSP for Highlands and Islands, Scottish National Party
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Date lodged: Tuesday, 22 February 2005
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Current Status:
Answered by Lewis Macdonald on 8 March 2005
To ask the Scottish Executive, further to the answer to question S2W-10902 by Lewis Macdonald on 8 October 2004, whether any loophole in the Land Reform (Scotland) Act 2003 could be removed by a Scottish Statutory Instrument.
Answer
No. I refer the member to the answer to question S2W-14661 on 8 March 2005. 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/webapp/wa.search.
- Asked by: Rob Gibson, MSP for Highlands and Islands, Scottish National Party
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Date lodged: Tuesday, 22 February 2005
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Current Status:
Answered by Nicol Stephen on 8 March 2005
To ask the Scottish Executive what information it has on what expenditure was incurred, and what items were repaired or renewed, in respect of railway infrastructure on the (a) Perth to Inverness, (b) Aberdeen to Inverness and (c) Inverness to Thurso and Wick lines from (i) 1987 to 1997 and (ii) 1998 to 2005.
Answer
This information is not held centrally.
- Asked by: Rob Gibson, MSP for Highlands and Islands, Scottish National Party
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Date lodged: Tuesday, 22 February 2005
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Current Status:
Answered by Lewis Macdonald on 8 March 2005
To ask the Scottish Executive, further to the answer to question S2W-10902 by Lewis Macdonald on 8 October 2004, what progress has been made in closing any loophole that may allow landlords to conclude consequential leases at the expense of possible crofting community buy-outs.
Answer
We intend to consult shortly on a draft of the Crofting Reform Bill and will use that consultation to seek views and further information about leases or any other legal devices which might be thought to impede crofting community bodies in exercising their right to buy under the Land Reform Act.
- Asked by: Rob Gibson, MSP for Highlands and Islands, Scottish National Party
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Date lodged: Wednesday, 23 February 2005
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Current Status:
Answered by Nicol Stephen on 8 March 2005
To ask the Scottish Executive when stakeholders will be consulted on the next 10-year transport plan, with particular reference to investment in rail and ferry services.
Answer
The Strategic Projects Review will begin before 2007 and will be a review covering all modes of transport. Consultation with key stakeholders will play an important role and will take place at an early stage in the process.
- Asked by: Rob Gibson, MSP for Highlands and Islands, Scottish National Party
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Date lodged: Monday, 07 February 2005
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Current Status:
Answered by Allan Wilson on 8 March 2005
To ask the Scottish Executive whether the audit and monitoring procedures for the European Regional Development Fund in the Highlands and Islands have changed since the Parliament was established.
Answer
The essential principles remain unchanged however current audit and monitoring procedures for the European Regional Development Fund are those set out in updated regulations that were adopted by the European Commission in July 1999.
- Asked by: Rob Gibson, MSP for Highlands and Islands, Scottish National Party
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Date lodged: Friday, 04 February 2005
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Current Status:
Answered by Tavish Scott on 7 March 2005
To ask the Scottish Executive, further to the answer to question S2W-12958 by Tavish Scott on 20 January 2005, what correspondence or discussions, either formal or informal, it has had with the European Commission or the UK Government in relation to references to game birds in the DG Environment press releases on 29 January 2004 (IP/04/128) and 15 July 2004 (IP/04/933) and what legislative changes are required in Scotland to address these matters
Answer
Issues arising from legal action proposed by the European Commission against member states are confidential. Therefore no information can be provided at this time.
- Asked by: Rob Gibson, MSP for Highlands and Islands, Scottish National Party
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Date lodged: Friday, 04 February 2005
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Current Status:
Answered by Tavish Scott on 7 March 2005
To ask the Scottish Executive, further to the answer to question S2W-12959 by Tavish Scott on 28 January 2005, what its policy is in relation to provisions to allow criminal convictions on the evidence of a single witness, in particular what criteria it uses to determine to which offences such provisions should apply, and whether the single witness provisions of the Game (Scotland) Act 1832 are consistent with this policy.
Answer
The Law of Scotland provides that no person can be convicted of a crime or statutory offence unless there is evidence of at least two witnesses implicating the person accused with the crime or offence with which he is charged. The rule does not require every circumstance of the crime or offence with which the accused is charged to be proved by two witnesses. The basic requirement is that the crucial features of the crime or offence, namely that the crime or offence was committed and that it was committed by the accused must be established by evidence from at least two sources.
There are, however, several Acts of Parliament which provide that persons accused of contravening their provisions may be convicted on the evidence of one credible witness. These include the Game (Scotland) Act 1832 Act. In those circumstances it was thought at the time the offence was created that the public interest was best served by waiving the usual rules of corroboration. There are a number of more modern Acts where a similar conclusion has been reached, for example section 21 of the Road Traffic Offenders Act 1988.
On each occasion where consideration is being given to disapplying the normal rules of corroboration, it is for those responsible for the introduction of the statute to demonstrate why it is in the public interest that this should be done. There is no set list of criteria as the public interest will have to be considered in the particular circumstances concerned.
Any review of the Game (Scotland) Act 1832 will provide an opportunity to examine the continuing requirement for this waiver.
