Chamber and committees

The number of appeals taken againstasylum applications in the Court of Session in the last five years is containedin the following table.

	1. Petitions for Statutory Review	2. Petitions for Reconsideration	3. Statutory Applications Regarding Appeal	4. Petitions for Judicial Review
2001	Nil	Nil	Nil	66
2002	Nil	Nil	Nil	68
2003	17	Nil	Nil	99
2004	125	Nil	Nil	95
2005	49	96	28	74

 

It is Executive policy notto disclose the amount of compensation paid to individual applicants withoutthe express permission of the applicant. Accordingly, because the number ofcases involved is small, providing the requested information on an annual basiscould lead to the identification of individual claimants. 

The Executive has paidcompensation, both interim payments and final settlements, totalling £2,051,573in the last five years.

It is Executive policy notto disclose details of the claims for compensation paid to individualapplicants without the express permission of the applicant. Accordingly,because the number of cases is small, providing the requested information on anannual basis could lead to the identification of individual claimants.

For cases concluded sincethe start of 2001, records show that it has taken between 10 months and fouryears from the date of application to the date of final payment of compensationfor a miscarriage of justice. The timescale to complete a claim forcompensation is determined by a number of factors including the complexity of the case, the availability of supporting evidence on pecuniary andnon-pecuniary losses suffered by the applicant and how quickly applicants canprovide the specialised reports they wish to commission for the assessor’sconsideration. Independent assessors can authorise interim payments toapplicants when consideration of a complex case may be lengthy and theapplicant can demonstrate a need for immediate funds in advance of a finalsettlement. In cases that have been referred to an assessor in the last fiveyears, at least one interim payment has been authorised in every case.

Section 133 of the Criminal Justice Act 1988 provides that the Scottish ministers shall pay compensation incases where a conviction is reversed on the ground that a new or newlydiscovered fact shows beyond reasonable doubt that there has been a miscarriageof justice unless non-disclosure of the unknown fact was wholly or partlyattributable to the person convicted. In addition, ministers may be prepared tomake an ex gratia payment of compensation following a wrongful conviction orcharge where this has resulted from serious default on the part of a member ofa police force or some other public authority. There may also be exceptionalcircumstances that justify compensation in cases outside these categories.

In all cases, claims forcompensation are considered by the Scottish ministers following receipt ofapplications from individuals. If ministers determine that there is a right tocompensation under either the statutory or ex gratia scheme, the amount ofcompensation paid is determined by an independent assessor. The assessment isbased on a Memorandum prepared by the Justice Department, compiling informationsubmitted by the applicant, other relevant papers and taking account ofcomments from the applicant. In considering claims, the assessor appliesprinciples analogous to those on which claims for damages arising from civilwrongs are assessed. The assessor can also recommend interim payments toapplicants where they provide evidence of immediate need.

Under the statutory schemethe Scottish ministers have no power tovary the determination. In ex gratia claims the assessor's role is strictly toadvise ministers of the amount to be paid, but ministers have agreed to bebound by the assessor's recommendation.

The extent to which informationis made available to victims, their families, or identified adults targeted by anoffender, is an operational matter for the police to determine and on a case bycase basis. In all circumstances, the police assess the risk of harm an offenderposes and disclose relevant information where it the most appropriate way to protectthe public generally or any individuals in particular. That assessment is kept underreview particularly when an offender fails to comply with requirements placed uponthem.

Professor George Irving in hisreport Registering the Risk, published last autumn, recommended that theexisting disclosure powers be strengthened by the introduction of a warning systemto regulate the activities and behaviours of registered sex offenders. The Associationof Chief Police Officers in Scotland has acted upon that recommendation and is puttingin place a system of controlled disclosure as part of operational guidance to supportconsistency and effective management of registered sex offenders.

The information requested isnot held centrally. Disclosure of information about sex offenders is best undertakenon a case by case basis and will be considered by the police, in consultation withother agencies, as part of their public protection responsibilities.

The Executive does not routinelycollate the information requested. Details of sex offenders and the requirementsor restrictions imposed on these individuals by the courts, are held by the ScottishPolice Service and associated criminal justice partners. However, a recent specificexercise involving the police showed that as at 6 October 2006, 24 individuals areunaccounted for, of whom intelligence suggests 12 are overseas. All these offendersare currently the subject of proactive policing efforts to locate them.

Information on whether or notpersons convicted of motoring offences had car insurance is not recorded in thestatistics held centrally. Figures for the number of offences with a charge provedof failing to insure against third party risks are given in the following table.

Third-Party InsuranceOffences with a Charge Proved in Scottish Courts, by Age of Offender, 1997-98 to2004-05

Age	1997-98	1998-99	1999-2000	2000-01	2001-02	2002-03	2003-04	2004-05
17 and under	1,208	1,149	1,103	911	1,090	1,460	1,228	1,044
18	1,023	941	952	830	1,041	1,136	1,045	868
19	1,170	901	1,026	949	1,021	1,192	1,060	931
20	1,024	946	1,015	939	1,128	1,261	1,057	890
21	960	840	945	830	1,028	1,155	1,067	837
22	920	784	803	733	997	1,102	1,007	815
23	852	716	748	672	913	977	960	836
24	769	777	711	625	731	937	921	732
25 and over	8,909	8,299	7,944	7,454	8,896	10,420	11,427	9,813
Total	16,835	15,353	15,247	13,943	16,845	19,640	19,772	16,766

 

I have asked Angiolina Foster, Chief Executive of Communities Scotland to respond. Her response is asfollows:

The number of complaintsmade in respect of Eaga Partnership Ltd, in each year since the introduction of the central heating programme, is shown in the following table. Some complaintsreceived are not upheld or are of a minor nature.

Information is not held bylocal authority area.

Year	Number of Complaints
2001-02	136
2002-03	250
2003-04	103
2004-05	122
2005-06	194
2006-07	118
Total	923

From October 2006 the centralheating and warm deal programmes will be managed by Scottish Gas.

This is information is notheld centrally. However, there are a variety of reasons why a young person’s residentialplacement may be terminated. These decisions are made in the best interests of the young person by their local authority as part of their individual care planning.