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That would require assumptions to be made about what would happen at the end of the franchise period. A franchise may last 15 years but the overhead wiring may have a life expectancy of 20 or 30 years, so what assumptions should be made after the 15 years?
When we do that, we see major problems. Although we may be getting rid of the £1.2 billion now, we may be creating billions of pounds of debt for the people of Glasgow in the future.
In fact, the document goes further than that.The minister may recall that my colleague, Fergus Ewing, wrote to her on 7 April about one of the voluntary organisations in his constituency, which believes that it may be about to be sued.
Only the courts or the Lord Advocate can do so. Mrs Grahame may be referring to the powers available to the police under section 22 of the Criminal Procedure (Scotland) Act 1995, whereby the police may liberate a person who"has been arrested and charged with an offence which may be tried summarily".
There are aspects of legislation in Scotland that may currently be described as stronger than the legislation in England and Wales and aspects that may be described as weaker.
It is certainly a legal route that is worth trying, although the Commission may well disagree with that interpretation—it may say that one can still discriminate even if one is not overcompensating.