Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S3W-32139

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 04 March 2010
Current Status: Answered by Alex Neil on 16 March 2010

To ask the Scottish Executive whether there is legislation setting out how property managers offering factoring services must operate.

The Scottish Housing Regulator (SHR) is statutorily responsible for the regulation of the activities of registered social landlords (RSLs) and the inspection of local authority housing management functions. Many RSLs and local authorities offer factoring services.

The SHR has published performance standards and self-assessment guidance on factoring and it expects social landlords to follow these principles in their activities. Where appropriate, the SHR tests performance against these standards during its inspections.

There is no other specific legislation setting out how property managers and land maintenance companies should operate in providing factoring services, although reserved UK legislation covering consumer protection and other aspects of service delivery may be relevant in some cases.

Question reference: S3W-31731

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 11 February 2010
Current Status: Answered by Adam Ingram on 11 March 2010

To ask the Scottish Executive whether it monitors the life outcomes of those children who go through the children’s hearings system and, if so, how many have (a) remained in school education beyond the age of 16, (b) advanced to tertiary education, (c) gone into employment following the conclusion of their education, (e) had known substance dependency problems, (f) registered as homeless or (d) entered (i) a young offenders institution or (ii) an adult prison in the last 15 years, also expressed as a percentage.

This information is not held centrally, however Scottish Government does collect statistics on children who become Looked After, most of whom will have gone through the children''s hearing system. Information about the outcomes of looked after young people eligible for aftercare services is reported annually in the Children Looked After Statistics and is available from the Scottish Government website.

Question reference: S3W-32140

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 04 March 2010
Current Status: Answered by Fergus Ewing on 10 March 2010

To ask the Scottish Executive whether there is a legal requirement for communal space in a residential area that is not maintained by the local authority to be factored.

Question reference: S3W-31816

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Wednesday, 17 February 2010
Current Status: Answered by John Swinney on 10 March 2010

To ask the Scottish Executive whether it has had discussions with representatives of UK Financial Investments Ltd and, if so, what matters were discussed.

Question reference: S3W-31817

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Wednesday, 17 February 2010
Current Status: Answered by Jim Mather on 10 March 2010

To ask the Scottish Executive what companies based in Scotland are owned or partly owned by UK Financial Investments Ltd.

Question reference: S3W-31920

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Wednesday, 24 February 2010
Current Status: Answered by Richard Lochhead on 10 March 2010

To ask the Scottish Executive what powers (a) it, (b) its agencies, (c) local authorities and (d) other bodies have to ensure that landowners ensure that their properties, including derelict or vacant properties, are maintained.

There are a wide range of provisions that have the potential directly or indirectly to require actions by landowners or property owners to remedy deficiencies of one kind or another.

Some examples of particular note are:

- In the rural environment, farm dwelling houses and other farm buildings listed under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, the Ancient Monuments and Archaeological Areas Act 1979 and sites included in the Inventory of Historic Gardens and Designed Landscapes are protected under Cross Compliance from alteration, damage or destruction by land managers who receive European Common Agricultural Policy support payments.

- In the historical environment, though it will often be the case that local authorities may also use other powers under eg the Building or Housing Acts to deal with historic buildings.

Particularly, the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, Sections 42 and 43 relate to listed buildings and allow either local authorities or Scottish ministers to serve a repairs notice as the basis for the compulsory purchase of the property. Section 49 allows local authorities or Scottish ministers to serve an urgent works notice on an unoccupied listed building. Section 50 allows the local authority or Scottish ministers to recover the costs incurred in serving a notice under Section 49 from the owner. Section 68 allows the powers under Section 49 to be applied to unlisted buildings within a conservation area.

In addition, Section 5 of the Ancient Monuments and Archaeological Areas Act 1979 allows Scottish ministers to carry out works for the preservation of a scheduled monument in cases of urgency. Section 10 allows Scottish ministers to acquire compulsorily any ancient monument for the purpose of securing its preservation.

In the urban environment:

- Section 179 of the Town and Country Planning (Scotland) Act 1997 provides planning authorities with the power to serve a notice on the owner, lessee or occupier of land in their area where they consider that the state of the property is adversely affecting the amenity of the area. Such notices may require specified steps to be taken to improve the condition of the land.

Also, the Building (Scotland) Act 2003 contains powers for local authorities to deal with defective and dangerous buildings. Section 28 allows a local authority to serve a defective building notice on the owner of the building where they consider that there is a defect(s) which requires rectification to bring the building into a reasonable state of repair, taking into account its age, type and location.

Section 29 of that act requires a local authority to deal with dangerous buildings and carry out work to make the building and surrounding area safe. They may undertake emergency work and serve a dangerous building notice under Section 30.

Question reference: S3W-32004

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 25 February 2010
Current Status: Answered by Alex Neil on 8 March 2010

To ask the Scottish Executive what powers and responsibilities are conferred on it by the Disability Discrimination Act 1995.

The Disability Discrimination Act 1995, which is reserved to Westminster, protects disabled people from discrimination in employment, access to goods, facilities and services, the buying, renting, or selling of land or property, education, transport and the exercise of public functions. The Act imposes a general duty on public authorities to promote equality of opportunity between disabled people and non-disabled people.

The Scottish Government has responsibilities under the Act for ensuring that it''s services and functions do not discriminate against disabled people, and for promoting equality of opportunity between disabled people and non-disabled people.

The Scottish Ministers have power to make regulations to impose on a relevant Scottish authority or cross-border authority such duties as they consider appropriate for the purpose of ensuring better performance by that authority of the general duty to promote equality of opportunity between disabled people and non-disabled people.

Question reference: S3W-31204

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Friday, 29 January 2010
Current Status: Answered by Nicola Sturgeon on 8 February 2010

To ask the Scottish Executive what the incidence of oesophageal cancer in people under 55 has been in each year since 1960.

The incidence (numbers and rates) of oesophageal cancer in people under 55 in Scotland for the period 1960-2007, is shown in the following table:

Cancer of the Oesophagus¹, Scotland: 1960-2007²

Numbers of Diagnoses and Age-Standardised Rates (EASRs)³in Patients Aged Under 55 at Diagnosis

Year of Diagnosis²	Number of Diagnoses	EASR³	Year of Diagnosis²	Number of Diagnoses	EASR³
1960	33	0.9	1984	39	1.2
1961	42	1.1	1985	49	1.5
1962	37	1.0	1986	35	1.1
1963	42	1.1	1987	52	1.6
1964	43	1.2	1988	57	1.8
1965	42	1.2	1989	63	1.9
1966	33	0.9	1990	63	1.9
1967	40	1.1	1991	69	2.1
1968	47	1.4	1992	74	2.2
1969	49	1.4	1993	77	2.3
1970	59	1.7	1994	73	2.1
1971	38	1.1	1995	64	1.8
1972	41	1.2	1996	84	2.4
1973	36	1.0	1997	94	2.6
1974	54	1.5	1998	76	2.0
1975	55	1.6	1999	73	1.9
1976	47	1.4	2000	90	2.3
1977	55	1.7	2001	72	1.9
1978	52	1.6	2002	71	1.9
1979	52	1.6	2003	81	2.1
1980	43	1.3	2004	73	1.9
1981	44	1.3	2005	79	2.0
1982	59	1.8	2006	76	2.0
1983	50	1.5	2007	72	1.8

Source: Scottish Cancer Registry, ISD.

Notes:

1. Defined as: ICD-10 C15. Cases diagnosed prior to 1997 have been recoded to ICD-10.

2. Information regarding the number of patients diagnosed prior to 1975 is regarded as less reliable.

3. EASR: age-standardised incidence rate per 100,000 person-years at risk (European standard population).

Question reference: S3W-31203

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Friday, 29 January 2010
Current Status: Answered by Nicola Sturgeon on 8 February 2010

To ask the Scottish Executive what the incidence of oesophageal cancer has been in each year since 1960.

The incidence (numbers and rates) of oesophageal cancer in Scotland for the period 1960-2007, is shown in the following table:

Cancer of the oesophagus¹, Scotland: 1960-2007²

Numbers of Diagnoses and Age-Standardised Rates (EASRs)³

Year of Diagnosis²	Number of Diagnoses	EASR³	Year of Diagnosis²	Number of Diagnoses	EASR³
1960	227	4.9	1984	558	9.6
1961	291	6.0	1985	549	9.5
1962	242	5.1	1986	514	8.9
1963	269	5.3	1987	598	10.2
1964	294	6.0	1988	597	10.0
1965	267	5.4	1989	614	10.4
1966	282	5.5	1990	664	11.2
1967	347	6.9	1991	639	10.6
1968	351	7.0	1992	683	11.4
1969	328	6.3	1993	804	13.1
1970	344	6.5	1994	776	12.8
1971	346	6.6	1995	787	12.8
1972	365	6.8	1996	837	13.6
1973	365	6.9	1997	755	12.3
1974	372	6.8	1998	762	12.4
1975	481	8.9	1999	788	12.5
1976	459	8.3	2000	746	11.8
1977	494	8.9	2001	782	12.1
1978	475	8.7	2002	832	12.9
1979	516	9.5	2003	812	12.4
1980	528	9.3	2004	871	13.1
1981	565	9.7	2005	821	12.3
1982	548	9.6	2006	838	12.3
1983	561	9.9	2007	820	11.9

Source: Scottish Cancer Registry, ISD.

Notes:

1. Defined as: ICD-10 C15. Cases diagnosed prior to 1997 have been recoded to ICD-10.

2. Information regarding the number of patients diagnosed prior to 1975 is regarded as less reliable.

3. EASR: age-standardised incidence rate per 100,000 person-years at risk (European standard population).

Question reference: S3W-31205

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Friday, 29 January 2010
Current Status: Answered by Nicola Sturgeon on 8 February 2010

To ask the Scottish Executive how many people with oesophageal cancer have (a) had and (b) not had surgery as part of their treatment in each year since 1960.

The specific information requested is not collected centrally. However, numbers and percentages of oesophageal cancer patients in Scotland diagnosed in the period 1981-2007 who have had surgery as part of their treatment are available in the following table:

Cancer of the Oesophagus¹, Scotland: 1981-2007

Annual Tallies of Diagnoses and those Undergoing Selected Surgical Procedures^2,3,4,5,6

Year of Diagnosis	Number of Diagnoses	Number Undergoing Surgery^2,3,4,5,6	% Undergoing Surgery^2,3,4,5,6
1981	565	356	63.0
1982	548	350	63.9
1983	561	365	65.1
1984	558	353	63.3
1985	549	368	67.0
1986	514	340	66.1
1987	598	400	66.9
1988	597	406	68.0
1989	614	341	55.5
1990	664	418	63.0
1991	639	387	60.6
1992	683	420	61.5
1993	804	491	61.1
1994	776	497	64.0
1995	787	510	64.8
1996	838	551	65.8
1997	755	525	69.5
1998	762	503	66.0
1999	788	525	66.6
2000	746	446	59.8
2001	782	478	61.1
2002	832	512	61.5
2003	812	452	55.7
2004	871	523	60.0
2005	822	468	56.9
2006	838	456	54.4
2007	829	437	52.7

Source: Scottish Cancer Registry, ISD; SMR01 (hospital inpatient / day case discharges).

Notes:

1. Defined as: ICD-9 150 (1981-1996); ICD-10 C15 (1997-2007).

2. Defined as: 1981-1989: OPCS-3 291-292, 294-295, 296.9; 1989 to present: OPCS-4 G01-G05, G11, G13-G15, G17-G18, also G42-G44, G46 with operation site code Z27.1 to indicate oesophagus.

3. The percentages of patients undergoing surgery are approximate due to data quality issues.

4. Information regarding the number of patients who have had surgery prior to 1981 is not held centrally.

5. Information regarding the number of patients who have not had surgery as part of their treatment is not held centrally.

6. Note that patients diagnosed in more recent years have been followed up for less time, which may explain the lower numbers and percentages recorded as undergoing any relevant surgical procedure.