- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Monday, 20 March 2006
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Current Status:
Answered by Elish Angiolini on 11 April 2006
To ask the Scottish Executive under what circumstances a plea of culpable homicide can be accepted when an individual has been charged with murder.
Answer
The crime of murder is committedwhere the accused has acted either with the intention to kill the deceased or hasbeen wickedly reckless as to the consequence of those actions that resulted in thedeath. The crime of culpable homicide applies in cases where the degree of culpability falls short of that in murder. Thismay arise for many reasons, but might apply, for example, in cases where death isnot caused intentionally and the violent acts were of a kind which would not havebeen expected to lead to death, in cases where responsibility is diminished becauseof mental illness or in cases where there has been provocation. It can also apply where death has resulted from a culpableact which is not in itself violent, for example in consequence of supply of drugsor a faulty gas installation.
Where an accused person has beenindicted for murder, the Crown will accept a plea of guilty to culpable homicidewhen that plea is considered to be appropriate in light of the available evidenceand it is in the public interest to accept the plea, but, because of the seriousnessof the crime, decisions to accept a plea of guilty to culpable homicide in thesecircumstances are always taken after consultation with me or the Solicitor General.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Monday, 06 March 2006
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Current Status:
Answered by Nicol Stephen on 31 March 2006
To ask the Scottish Executive whether it will consider additional financial support to enable the upgrading of the Digital Access Carrier System to provide exclusive telephone lines for broadband access where the cost is greater than BT’s current £1,000 maximum per customer.
Answer
It is not appropriate for the Executive to subsidise the upgrading of Digital Access Carrier System (DACS) lines,as the process for their removal is within the scope of reserved regulation andoverseen by the UK telecoms regulator, OFCOM.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Wednesday, 22 March 2006
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Current Status:
Answered by Hugh Henry on 30 March 2006
To ask the Scottish Executive, further to the answers to questions S2W-22921 and S2W-22923 by Colin Boyd QC on 14 March 2006 and Hugh Henry on 27 and 23 February 2006 respectively and following its news release on 14 March 2006 on re-investing the proceeds of crime, whether funding obtained from criminal gains recovered under the Proceeds of Crime Act 2002 will, in future, be allocated to local projects in Dumfries and Galloway in recognition of the high levels of drug misuse in the region, highlighted in Estimating the National and Local Prevalence of Problem Drug Use in Scotland, 2003, published in January 2005.
Answer
As outlined in the newsrelease on 14 March 2006, we have decided to target initial reinvestment ofassets recovered under the Proceeds of Crime legislation in the six localauthority areas which suffer most serious violent crime, Edinburgh,Glasgow, Inverclyde, North Ayrshire, Renfrewshire and West Dunbartonshire. However, where recovery in respect of an individual exceeds £0.5 millionarrangements will be put in place to enable reinvestment in the specificcommunities where the individual has strong links – the main area of theircriminality.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Friday, 10 March 2006
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Current Status:
Answered by Hugh Henry on 21 March 2006
To ask the Scottish Executive, further to the answer to question S2W-23041 by Hugh Henry on 23 February 2006, where the guidance on resolving disputes without going to court is published; how it may be accessed by members of the public, and how the public can find out about the mediation and advice services available.
Answer
The guidance is contained ina booklet entitled Resolving Disputes Without Going to Court, which was producedby the Scottish Executive Justice Department in 2004 and updated last year. Theelectronic version of the booklet can be accessed through the Scottish Executive’swebsite (
http://www.scotland.gov.uk/library5/justice/rdwgc-00.asp);hard copies can also be obtained by contacting the Justice Department at St Andrew’sHouse, Regent Road, Edinburgh (0131 244 4844). The booklet contains general informationon mediation and other forms of dispute resolution and has contact points for variousdispute resolution services and other sources of help.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Thursday, 16 February 2006
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Current Status:
Answered by Tom McCabe on 20 March 2006
To ask the Scottish Executive what consideration it is giving to the report entitled “Review of First Impressions of Scotland” and when it expects to respond to the report.
Answer
The Executive will publish areport of the progress made on addressing the recommendations of the FirstImpressions of Scotland Report during the summer 2006.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Monday, 06 March 2006
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Current Status:
Answered by Tavish Scott on 17 March 2006
To ask the Scottish Executive whether the SCOTSIM training programme is offered to truck drivers over the age of 50 and what the reasons are for the position on this matter.
Answer
No upper age restrictions havebeen placed on the age of trainees - it is important for the aims of the researchproject to assess the effectiveness of training by simulation across a range ofdifferent driving conditions and environments, and age groups of drivers.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Thursday, 16 February 2006
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Current Status:
Answered by Rhona Brankin on 16 March 2006
To ask the Scottish Executive why the renewal date for applications for Organic Maintenance Payments in 2005 was set at 31 March and what information regarding this closing date it provided to those farmers whose renewal dates were later than 31 March 2005.
Answer
There is no “renewal date” forOrganic Maintenance payments. The Organic Aid Scheme offers farmers five-year agreementsto convert to or maintain organic production. It is a discretionary scheme underwhich all applications are considered together on their merits. The annual closingdate for applications was set at 31 March following a review of the scheme in2002-03 undertaken in consultation with stakeholders. The date is publicised inthe scheme guidelines, on the Scottish Executive website, via the farming press,through the organic advisory service provided on our behalf by the Scottish AgriculturalCollege and by the organic certification bodies.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Thursday, 16 February 2006
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Current Status:
Answered by Rhona Brankin on 16 March 2006
To ask the Scottish Executive how many organic farmers have not had their applications for the Organic Aid Scheme renewed in 2005 and what the main reasons were for non-renewal.
Answer
There is no provision for “renewal”of Organic Aid Scheme applications. Farmers and crofters may apply for five-yearagreements under the scheme, at the end of which they are eligible to apply fora further, organic maintenance agreement. All applications are considered on theirmerits, along with other applications received by the deadline. In the 2005 round,105 farmers applied for grant aid under the Organic Aid Scheme and 102 applicationswere approved under the established system of ranking applications against a numberof criteria. The three applications which were not approved fell well below theagreed ranking score and were therefore considered not to represent good value formoney.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Thursday, 16 February 2006
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Current Status:
Answered by Lewis Macdonald on 16 March 2006
To ask the Scottish Executive what sources of funding might be available to assist with the development of local services for people with hearing impairment.
Answer
The Executive allocatesfunding under Grant Aided Expenditure to allow local authorities to provideservices to meet the needs of people with sensory impairment in their area, forensuring that information is widely available and easily accessible, and fordeciding how these resources should be distributed to best meet local needs andpriorities. Through the Sensory Impairment Action Plan (SIAP) we are workingwith Royal National Institute for Deaf and Hard of Hearing People, Deafblind Scotland,Sense Scotland and other voluntary organisations and users toimprove services for all sensory impaired people in Scotland. the Scottish Executive provides support through grant funding to The ScottishCouncil on Deafness, Deafblind Scotland and other national voluntary organisations workingwith sensory impaired people under Sections 9 and 10(1) of the Social Work (Scotland)Act 1968 and Section 16B of the National Health Service (Scotland)Act 1978 as amended.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Friday, 17 February 2006
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Current Status:
Answered by Tavish Scott on 15 March 2006
To ask the Scottish Executive when it will issue its response to the consultation on its review of the Trunk Road and Motorway Tourist Signposting policy and when it expects any changes in policy to come into effect.
Answer
The need to await formal councilresponses has delayed the end of the consultation process until 21 March 2006 whenthe last local authority committee approved response is expected. ThereafterTransport Scotland will publish the results and response to theconsultation in mid-April. It is hoped that a revised Trunk Road and MotorwayTourist Signposting policy document will be published by the end of May 2006.
Transport Scotland hasthe operational responsibility for this area and can be contacted for moreinformation if required.