- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Wednesday, 30 April 2008
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Current Status:
Answered by Kenny MacAskill on 9 May 2008
To ask the Scottish Executive what constitutes defective representation by solicitors.
Answer
The approach to be taken by the courts in cases in which there is an allegation of defective representation is defined in
Anderson vs H.M. Advocate (1996 SCCR 114). The then Lord Justice General stated that the conduct of the defence by the accused''s legal representative can only provide a ground for appeal if it deprives the accused of a fair trial. He further stated that this can only have occurred where the conduct was such that the accused''s defence was not presented to the court.
This may be because the accused was deprived of the opportunity to present his defence; or because his legal representative acted contrary to his instructions as to the defence he wished to be put forward; or because of other conduct which, because his defence had not been put, had the effect of denying him a fair trial.
In considering applications for review based on defective representation, the SCCRC applies the above approach.
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Tuesday, 29 April 2008
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Current Status:
Answered by Kenny MacAskill on 9 May 2008
To ask the Scottish Executive what powers the Cabinet Secretary for Justice has to determine what is defined as an operational matter for Chief Constables.
Answer
I refer the member to the answer to question S3W-12400 on 8 May 2008. 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.uk/webapp/wa.search.
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Tuesday, 29 April 2008
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Current Status:
Answered by Kenny MacAskill on 8 May 2008
To ask the Scottish Executive who is responsible for determining what is an operational matter for Chief Constables.
Answer
Under the provisions of the Police (Scotland) Act 1967, the operational deployment of individual officers is subject to the direction of the chief constable.
However, there are circumstances when chief constables are legitimately influenced in their deployment by parties external to the police service. These circumstances arise when officers are deployed in more general terms under the force''s operational priorities. The tripartite system of governance for police forces dictates that these priorities are arrived at following consultation between the chief constable, the relevant police board and Scottish ministers.
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Tuesday, 18 March 2008
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Current Status:
Answered by Kenny MacAskill on 8 April 2008
To ask the Scottish Executive whether Taser weapons are defined as firearms.
Answer
Taser weapons are defined as firearms under section 5(1)(b) of the Firearms Act 1968 (as amended).
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Tuesday, 18 March 2008
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Current Status:
Answered by Kenny MacAskill on 8 April 2008
To ask the Scottish Executive whether the deployment of Taser weapons is an operational matter for Chief Constables and, if so, what (a) legislation or guidelines define such deployment as an operational matter and (b) the scope is of the term “operational matter”.
Answer
The deployment of Taser weapons is an operational matter for Chief Constables.
Section 17(2) of the Police (Scotland) Act 1967 states that the performance by a constable of his functions under any enactment or under any rule of law shall be subject to the direction of the appropriate Chief Constable.
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Wednesday, 12 March 2008
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Current Status:
Answered by Kenny MacAskill on 8 April 2008
To ask the Scottish Executive whether it will provide details of the organisations that have benefited from the Cashback for Communities scheme, broken down by (a) amount of award and (b) activity type.
Answer
We are at present providing £2.238 million of funding under CashBack for Communities to the Scottish Football Association to roll out a range of free football activities across Scotland. These activities address playing and coach/volunteer development work. Further information is available on the CashBack website.
Regarding the agreement with YouthLink to administer the £3 million local grant scheme, decisions on funding applications will be taken in May and an announcement on successful candidates will be made following this.
Further announcements will be made over the course of the next two months.
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Wednesday, 26 March 2008
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Current Status:
Answered by Bruce Crawford on 27 March 2008
To ask the Scottish Executive what new arrangements the First Minister has put in place to develop and maintain the relationship between the Scottish Government and the Scottish Parliament following the election of the SNP minority administration in May 2007.
Answer
The First Minister has appointed 14 Parliamentary Liaison Officers (PLOs), listed as follows, to play a role in contributing to the effective communication of the government''s policy within the Parliament to support Cabinet Secretaries. Parliamentary Liaison Officers are unpaid, not members of the government and are not, therefore, bound by Collective Responsibility.
Portfolio | Parliamentary Liaison Officer |
Office of the First Minister | Aileen Campbell Keith Brown Alasdair Allan Chris Harvie |
Deputy First Minister/Health and Wellbeing | Stuart McMillan Ian McKee |
Education and Lifelong Learning | Christina McKelvie Bob Doris |
Environment and Rural Affairs | Rob Gibson Jamie Hepburn |
Justice | Nigel Don Angela Constance |
Finance and Sustainable Growth | Joe Fitzpatrick Shirley Ann Somerville |
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Wednesday, 12 March 2008
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Current Status:
Answered by Fergus Ewing on 25 March 2008
To ask the Scottish Executive which professionals will receive special training and toolkits as a result of the £200,000 funding to tackle gang culture, announced on 14 February 2008.
Answer
I refer the member to the answer to question S3W-10903 on 25 March 2008. 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.uk/webapp/wa.search.
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Wednesday, 12 March 2008
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Current Status:
Answered by Fergus Ewing on 25 March 2008
To ask the Scottish Executive when the bidding process for funding from the £200,000 to tackle gang culture, announced on 14 February 2008, will close.
Answer
I refer the member to question S3W-10903 on 25 March 2008. 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.uk/webapp/wa.search.
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Wednesday, 12 March 2008
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Current Status:
Answered by Fergus Ewing on 25 March 2008
To ask the Scottish Executive how organisations should bid for funding from the £200,000 to tackle gang culture, announced on 14 February 2008.
Answer
I refer the member to the answer to question S3W-10903 on 25 March 2008. 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.uk/webapp/wa.search.