Chamber and committees

Before 22 September 2015, those raising a personal injury action for any amount could do so in a local sheriff court or, if the claim was for more than £5,000, in the Court of Session.

From 22 September 2015, there will be greater choice for those with personal injury claims. A personal injury claim for any amount can be raised in a local sheriff court. Claims below £100,000 cannot be raised in the Court of Session. A personal injury claim for more than £5,000 or more than £1,000 for workplace-related personal injury actions can be raised in the Sheriff Personal Injury Court. Workplace-related personal injury claims under £1,000 can be remitted to the Sheriff Personal Injury Court by a sheriff if the sheriff has certified that the importance or difficulty of the proceedings makes it appropriate to transfer them to that court.

Before 22 September 2015, court fees were provided for in the Sheriff Court Fees Amendment Order 2012 and the Court of Session etc. Fees Amendment Order 2012. After that date, they are those in the Sheriff Court Fees Order 2015 and the Court of Session etc. Fees Order 2015.

The court fees in the sheriff court and the Court of Session were raised on
22 September 2015 by a small initial increase of 2% as the Scottish Government’s policy is to move toward fees which reflect the full cost of the processes involved, with a well-targeted system of fee exemptions to protect access to justice. There is a further 2% increase for inflation (plus further increases for inflation on 1 April 2016 and 1 April 2017). The fees in the Sheriff Personal Injury Court have been set, in the main, at the same level as those in the Court of Session. This is because the Sheriff Personal Injury Court is a dedicated personal injury all-Scotland court with cases heard by sheriffs who are specialists in the personal injury field. In addition, this court makes available e-motions and jury trials.

Court fees represent only a small proportion of the cost of going to court and those claimants using the Sheriff Personal Injury Court rather than the Court of Session will have the potential for reducing their legal fees by using solicitors rather than counsel (advocates or solicitor advocates), in addition to solicitors, as is obligatory in the higher court. Sanction for counsel in the sheriff court is available according to the test set out in section 108 of the Courts Reform (Scotland) Act 2014 to ensure ‘equality of arms’ in the event the other party employs counsel.

The progress and implementation of the measures in the Courts Reform (Scotland) Act 2014 are regularly monitored through the Making Justice Work Programme 1 Board – Effective Courts and Tribunals Programme, including the Scottish Government, the Scottish Courts and Tribunals Service (SCTS) and the Scottish Legal Aid Board.

The Judiciary and Courts (Scotland) Act 2008 places responsibility for preparing an annual report on the SCTS. Section 67 of that Act requires that:

“As soon as practicable after the end of each financial year, the Scottish Courts and Tribunals Service must—

(a) prepare and publish a report on the carrying out of its functions during that year.”

That report is sent to the Scottish ministers, and a copy is laid before the Scottish Parliament.

The SCTS annual report for the latest financial year (2014-15) was laid in Parliament on 29 September 2015, and published on the SCTS website on the same day. The annual reports for all future years are expected to be published within a similar timeframe of six to seven months of each financial year end.

NHS Greater Glasgow and Clyde confirmed changes to the blood pressure clinic at the Vale of Leven Hospital in September 2015. The changes reflect the diminishing level of demand for the clinic which moved from weekly to fortnightly in 2014. NHS Greater Glasgow and Clyde has confirmed that, since the start of 2015, demand has dropped further again (to, on average, two patients per week) and the clinic has been run monthly. However, the health board has been clear that the vast majority of local people will continue to be seen in either the general medical clinics at the hospital or via their local GP surgery. Only those requiring specialist treatment, estimated by the health board to be around one person from the local area per month, will be seen at the hypertension clinic provided jointly with the University of Glasgow at the new Queen Elizabeth University Hospital. This reflects the position for all patients in Greater Glasgow and Clyde.

When this government ended a decade of damaging uncertainty by approving the Vision for the Vale in 2009, we were clear that as much planned care activity as possible should be provided locally. NHS Greater Glasgow and Clyde remains committed to this and continues to review opportunities to repatriate services, where it is safe and appropriate to do so. By 2014-15, 65% of all local patients’ day case procedures, 63% of all local patients’ outpatient appointments, and 30% of all local patients’ elective procedures took place at the Vale. In terms of overall patient activity: inpatient activity has increased by 37% when compared with the 2009-10 position and day case activity has increased by 29% (an increase of over 1,000 cases) when compared with 2009-10.

I refer the member to the answer to question S4W-27525 on 28 September 2015. 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/parliamentarybusiness/28877.aspx.

I refer the member to the answer to question S4W-27525 on 28 September 2015. 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/parliamentarybusiness/28877.aspx.

I refer the member to the answer to question S4W-27525 on 28 September 2015. 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/parliamentarybusiness/28877.aspx.

It is vital that people with mesothelioma can access their records within a reasonable time given the seriousness of their condition and the possible effects on associated compensation claims. Mesothelioma sufferers have the right (as do all NHS patients) to ask for a copy of their records in accordance with the Data Protection Act 1998. This would also apply to third parties such as legal representatives when it is clear that patients have given consent for this to happen.

The Mark Scott Leadership for Life Award is run by the Outward Bound Trust. The Scottish Government worked in partnership with the Outward Bound Trust to agree a package of funding for the award between 2012-15. As part of this agreement the funding was structured to reduce annually over the three year period while still enabling the Outward Bound Trust to expand the award in line with the business plan they had submitted to the Scottish Government.

Through discussions with the Scottish Government, it was agreed that £100,000 in 2015-16 would enable the trust to continue to deliver, maintain the expansion and meet the costs of the award detailed in their business plan. The Scottish Government is fully committed to supporting young people to fulfil their potential and I am delighted to confirm, based upon information provided to the Scottish Government, that the Outward Bound Trust is on track to meet its agreed objectives.

I recognise and agree the importance of keeping Parliament informed on negotiations. As I have explained to Parliament previously, there is a need to strike a balance between satisfying the legitimate need for parliamentary scrutiny whilst leaving space for a negotiation that will protect Scottish interests.

The Joint Exchequer Committee (JEC) is a forum for intergovernmental discussion. I have undertaken to write to the Convenor of the Finance Committee after each JEC to provide him with a communique which sets out the issues discussed. This has been done on all occasions.

The Health and Safety Executive, a UK agency, is the lead for safety in the workplace and has responsibility for enforcement of the related asbestos legislation and regulations.

The latest available Scottish court statistics cover the last five years from 2009-10 to 2013-14. During this time there was one prosecution which resulted in a conviction in 2013-14, where the main offence was under Control of Asbestos Regulations 2006 regulation 4(10)(A).

Source: Scottish Government Criminal Proceedings Database