To ask the Scottish Executive whether designating HM Prison Kilmarnock as a public authority under section 5 of the Freedom of Information (Scotland) Act 2002 would constitute prison legislation altering the costs incurred by the contractor in fulfilling its obligations under the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Ltd for the Design, Construction, Managing and Financing of a Prison at Kilmarnock and therefore require a variation of price under section 33 of the minute of agreement.