Chamber and committees

Scottish ministers have written to the UK Government on a number of occasions to express concern about the proposal to hold the alternative vote referendum on the same day as next year''s elections to the Scottish Parliament. Scottish ministers and ministers for the other devolved administrations have also raised the issue at the Joint Ministerial Committee and will continue to do so.

The responses received so far from the UK Government have not answered the substantive points made by ministers.

The Cabinet Secretary for Finance and Sustainable Growth wrote to the chairs of non-departmental public bodies in April 2010 asking them to invite their chief executives to consider waiving, on a voluntary basis, some or all of any bonus they might be offered in 2010-11 (in respect of exceptional performance in 2009-10). The bonus payment to the current Chief Executive of Scottish Enterprise (Lena Wilson) in respect of her performance in 2009-10 was awarded to her in respect of her performance as Chief Operating Officer of Scottish Enterprise and Chief Executive Officer of Scottish Development International, during the period 1 April to 3 November 2009. The payment of such a bonus was an operational matter for Scottish Enterprise. Ms Wilson took up post as Chief Executive of Scottish Enterprise on 4 November 2009. She was not considered for a bonus in respect of her performance in that role during the period ended 31 March 2010. Ms Wilson and the other members of Scottish Enterprise''s Executive Leadership Team have indicated that they will not accept a bonus in respect of their performance in the year to 31 March 2011.

I refer the member to the answer to question S3W-35914 on 21 September 2010  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/Apps2/Business/PQA/Default.aspx.

Jack Perry formally resigned as Chief Executive of Scottish Enterprise on 28 May 2009. His contract of employment provided for a 12 month notice period and Scottish Enterprise decided that it would hold him to that whilst it recruited a new chief executive and negotiated a start date. Filling a senior appointment like that can often take up to 12 months as a result of the notice period to be served by the successful candidate on his/her existing employer.

In the event, the successful candidate was an internal candidate, Lena Wilson. She was able to start more or less immediately and Scottish Enterprise decided that she should take up her new post on 4 November 2009. As a consequence, Jack Perry''s notice period was terminated early and he left at that time.

Decisions on how best to manage the transition were operational matters for Scottish Enterprise. In making those decisions it sought to act in the best interests of the organisation. The final payments made to Jack Perry were no more than was required under his contract.

As operational matters, decisions on the handling of the transition did not require Scottish Government approval. Ministers and officials were however advised at the time of Scottish Enterprise''s plans. They did not seek to intervene.

As the post that Lena Wilson had occupied (i.e. the post of Chief Operating Officer) was not backfilled, this meant that Scottish Enterprise was able to reduce its overall salary bill by around £180,000 per annum “ and that saving started to accrue as soon as her appointment as Chief Executive took effect.

I refer the member to the answer to question S3W-35914 on 21 September 2010  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/Apps2/Business/PQA/Default.aspx.

I have asked John Ewing, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

(a) The total net cost on the legal aid fund legal aid for those prisoners who have raised proceedings is £376,014. This cost includes the payment of some final accounts. A large part of this cost is made up of cases where the case has not been concluded and the solicitor has been paid on account. These cases are where an action has been raised and sisted whilst a few test cases are pursued. Depending on the outcome of the test cases much of this cost may end up being paid under judicial expenses and therefore will not be a cost on the legal aid fund.

(b) The estimated cost of defending the proceedings since May 2007 can only be obtained at disproportionate cost. The Scottish Government Legal Directorate represents the Scottish ministers in most of the actions raised since May 2007. As in-house solicitors, their costs are not charged directly to SPS. SPS records from April 2008 show the cost for defending proceedings has been £217,067. These are largely counsel costs. In addition each case is likely to have incurred the following court costs:

Notification of Intention to Defend: approximately £80

Motion to sist: approximately £40

This would give an additional indicative cost of approximately £249,600 for the 2,080 actions.

(c) The cost of payment in compensation to successful litigants to September 2010 is £297,500.

The Scottish Government is opposed to holding the proposed Alternative Vote referendum on the same day as elections to the Scottish Parliament.

The timing of the Scottish Parliament elections is set out in the Scotland (Act) 1998. The date of the proposed referendum will be set by the UK Government''s Parliamentary Voting System and Constituencies Bill. Neither the Scottish Government nor the Scottish Parliament has the power to change the date of Scottish Parliament elections or the proposed UK referendum. This is one reason why we will continue to press the UK Government to devolve legislative responsibility for elections to the Scottish Parliament.

Over the past year, when proposing the Business Programme to the Parliamentary Bureau, following consultation with business managers, the Scottish Government put forward matters for debate that reflected the issues of interest and importance to the Parliament and the people of Scotland.

The Scottish Government or its agencies have given no financial assistance to Pedian Services since May 2007.

The Scottish Government or its agencies have given no financial assistance to A Tavern Joinery since May 2007.