Questions and answers

Question reference: S2W-15551

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Wednesday, 23 March 2005
Current Status: Answered by Colin Boyd on 18 April 2005

To ask the Scottish Executive whether the Lord Advocate has any plans to begin criminal proceedings against Premier Prison Services for negligence in respect of the death of James Barclay in HM Prison Kilmarnock in January 2002, in light of the fatal accident inquiry report by Sheriff Colin McKay on the death.

Question reference: S2W-15607

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 24 March 2005
Current Status: Answered by Colin Boyd on 18 April 2005

To ask the Scottish Executive whether the Lord Advocate will pursue criminal action against those who allegedly falsified the information relating to suicide watches in HM Prison Kilmarnock, as reported in the BBC documentary broadcast on 9 March 2005 and in the findings of the fatal accident inquiry into the death of James Barclay in HM Prison Kilmarnock in January 2002 when it was stated in evidence that such watch logs were falsified regularly.

I refer the member to the answer to question S2W-15477, answered on 18 April 2005. All answers to writtenparliamentary questions are available on the Parliament's website, the searchfacility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

Ihave considered the findings of the fatal accident inquiry into the death ofJames Barclay in HM Prison Kilmarnock on 11 January 2002. Two prison officers gave evidenceat the Inquiry in relation to falsifying watch logs. Prior to them givingevidence, the Procurator Fiscal granted both officers immunity from any futurecriminal prosecution arising from the circumstances leading up to the death ofJames Barclay. He did this as he could not conceive of a situation whereby theywould face criminal charges arising from the circumstances surrounding thedeath of James Barclay, but wanted to ensure that the Inquiry received thefullest account possible of relevant events. Although it would not be open tothe Crown to bring criminal charges in light of that grant of immunity, theProcurator Fiscal was correct in concluding that there was no basis forcriminal proceedings against them.

In addition there is nobasis for criminal proceedings against those prison officers alleged, in termsof a BBC documentary, to have falsified information relating to suicide watchesin HM Prison Kilmarnock.

Question reference: S2W-15579

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 24 March 2005
Current Status: Answered by Colin Boyd on 18 April 2005

To ask the Scottish Executive whether, in light of the findings by the fatal accident inquiry into the death of James Barclay in HM Prison Kilmarnock in January 2002, there will be a police investigation to determine whether criminal charges should now be brought against (a) either of the prison officers identified as having failed in their duty or (b) Premier Prison Services for any failures found to be a factor contributing to the death of Mr Barclay.

I refer to the answers toquestions S2W-15551 and S2W-15607, both answered on 18 April 2005. All answersto written parliamentary questions are available on the Parliament's website,the search facility for which can be found at:http://www.scottish.parliament.uk/webapp/wa.search.

There are no plans toinstruct any further investigation into the findings of the Fatal AccidentInquiry held in relation to the death of James Barclay.

Question reference: S2W-15580

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 24 March 2005
Current Status: Answered by Colin Boyd on 18 April 2005

To ask the Scottish Executive whether, in light of the findings by the fatal accident inquiry into the death of James Barclay in HM Kilmarnock in January 2002, it is the opinion of the Lord Advocate that a criminal offence has taken place and, if so, what action he is taking to bring the perpetrators to justice.

I refer to the answers toquestions S2W-15579, S2W-15551 and S2W-15607, all answered on 18 April 2005. Allanswers to written parliamentary questions are available on the Parliament'swebsite, the search facility for which can be found at:http://www.scottish.parliament.uk/webapp/wa.search.

There is no evidence whichwould justify criminal proceedings against any person in relation to thefindings of the Fatal Accident Inquiry into the death of James Barclay.

Question reference: S2W-15477

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 21 March 2005
Current Status: Answered by Colin Boyd on 18 April 2005

To ask the Scottish Executive what action the Lord Advocate has taken following the allegations of criminal behaviour made in the BBC documentary on HM Prison Kilmarnock broadcast on 9 March 2005.

The content of the BBCdocumentary broadcast on 9 March 2005 has been fully considered by the Procurator Fiscalat Kilmarnock in consultation with local officers of StrathclydePolice. Where allegations of criminal conduct are made they are considered bythe Procurator Fiscal and where appropriate Crown Counsel including the LawOfficers acting independently in the public interest.

Allegations were made in thecourse of the documentary which could, in certain circumstances, amount tocriminal conduct. Following examination of the broadcast, the nature and thedegree of specification of such allegations were not sufficient to justify anyfurther enquiry.

Complaints of criminalconduct within HM Prison Kilmarnock, or any other prison in Scotland,that are brought to the attention of the prosecution authorities will continueto be investigated thoroughly and, where there is sufficient evidence and it isin the public interest to do so, be the subject of proceedings.

Question reference: S2W-15270

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Tuesday, 15 March 2005
Current Status: Answered by Jim Wallace on 18 April 2005

To ask the Scottish Executive what its position is on the industrial action being taken by Careers Scotland with effect from 14 March 2005.

The staff at CareersScotland involved in the industrial action on pay are employed by ScottishEnterprise. My answers to the member’s earlier questions about Careers Scotlandpay matters (S2W-11800 and S2W-11801 answered on 10 November 2004) made clearthat, as an executive non-departmental public body, Scottish Enterprise has delegatedresponsibility for conducting its own pay negotiations with the unions.

It is therefore the casethat any industrial action that may result from any breakdown in paynegotiations is similarly for Scottish Enterprise, as the employer, to dealwith. I am aware however, that Scottish Enterprise is working towards resumingnegotiations.

All answers to written parliamentaryquestions are available on the Parliament’s website, the search facility forwhich can be found at http://www.scottish.parliament.uk/webapp/wa.search.

Question reference: S2W-15518

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Tuesday, 22 March 2005
Current Status: Answered by Andy Kerr on 18 April 2005

To ask the Scottish Executive how it measures the success of its Healthy Living campaign.

A comprehensive monitoringand evaluation programme has been in place since the launch of the healthyliving campaign. We are tracking awareness and understanding of the TV adverts.We are monitoring the number and type of calls to the advice line and level oftraffic to the healthy living website, as well as demand for theseservices in different socio-economic groups.

The Health EducationPopulation Survey 1996-2003, (2004) provided evidence of increasing publicknowledge of healthy choices. For example:

Attitudes to health and reducing risk of disease

1996

(%)

2003

(%)

Change

(%)

Believe can do something to make their own life healthier

76

79

3

Consider the following factors very important in reducing risk from coronary heart disease

Quitting/cutting down on smoking

Taking regular exercise

Eating a healthy balance of foods

Controlling weight

78

66

58

54

80

77

65

61

2

11

7

Physical Activity	1996 (%)	2003 (%)	Change (%)
Knowledge of recommended levels of moderate activity	30	32	2
Would like to or have tried to increase activity levels	55	62	7
Achieving recommended levels of physical activity	36	43	7

Diet	1996 (%)	2003 (%)	Change (%)
Knowledge of recommended fruit and vegetable consumption (i.e. 5 a day)	19	59	40
Would like to or have tried to eat more healthily	53	61	8
Eating at lease 5 portions of fruit and vegetable per day	18	29	11
Average number of portions of fruit and vegetables consumed per day	2.8	3.4	0.6

Thefull survey can be viewed at:

http://www.hebs.com/researchcentre/pdf/HEPSFinalReport211.pdf.

Success in the longer termwill be measured using data from on-going surveys such as the Scottish HealthSurvey.

Question reference: S2W-15519

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Tuesday, 22 March 2005
Current Status: Answered by Andy Kerr on 18 April 2005

To ask the Scottish Executive how many requests for healthy eating information packs it has received.

Seven thousand one hundredand eighty seven healthy eating packs were sent out between Jan 2004 and midMarch 2005.

Three different packs areavailable (weight management, physical activity, healthy eating). The totalnumber of packs sent out was 23,009 for the same period.

Finally the number ofrequests fulfilled through these channels does not reflect the number of packsin circulation as many are distributed through bulk distributions to healthpromotion departments.

Question reference: S2W-15517

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Tuesday, 22 March 2005
Current Status: Answered by Andy Kerr on 18 April 2005

To ask the Scottish Executive how much it has spent on its Healthy Living campaign and how much it plans to spend in each of the next five years.

For the two and a half yearperiod October 2002 to end March 2005 the total amount spent on the healthyliving campaign was £6 million. Thisincludes the costs of the media and communications campaign, the helpline, bulkdistribution of healthyliving packs, and the website. The figures for 2004-05have yet to be reconciled.

The campaign budget is negotiatedannually. Figures for 2005-06 have not yet been agreed.

Question reference: S2W-15448

Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 21 March 2005
Current Status: Answered by Peter Peacock on 15 April 2005

To ask the Scottish Executive how much funding it has provided in the current year, and will provide in each of the next three years, for the new Centre for Confidence and Wellbeing; how the centre applied for funding; which ministers were involved at each stage of the funding decision-making process; what criteria were used to determine the level of funding; what the centre's performance and financial targets are; how often it will report progress to the Executive, and from which budget its funding will be provided.

The Executive has offered the Centre for Confidence and Wellbeing grant funding of £92,000 from the Health, Education and Communities budgets to support action research training in confidence focused interventions and targeted networking events for key public sector professionals, including those working in health care, education, social work, housing and regeneration. The grant funding will support work to be completed by March 2006 and will be drawn down quarterly on the basis of satisfactory progress in delivering the agreed elements of the work programme.

The grant offered has been set at a level that will support action research events and targeted networking events. The centre is wholly independent of the Executive and no financial targets nor performance targets other than delivery of the funded work have been set.

The funding was agreed by the Minister for Health and Community Care, the Minister for Education and Young People and the Minister for Communities on the basis of the business plan for the centre and supporting papers provided to the Executive.

The Executive is in discussion with the centre with regard to future projects that may be supported in 2005-06 and in the two years beyond which would support a range of key Executive policies including physical and mental health improvement, arts, culture, sport and enterprise where we are already working to boost levels of confidence.

Chamber and committees