Chamber and committees

We are aware of the contentsfile SEP 10/556, held by the National Archives of Scotland. Prior to 8 September 2005 wewere not aware specifically. The file is 30 years old and one of the approximately3,000 to 4,000 files released every year by the National Archives of Scotland.

The contents of file SEP 10/556were reviewed by officials but there were no further substantive discussions.

We have no current plans toalter the structure of local government.

Passenger data between Edinburghand Glasgow based on ticket sales is:

Edinburgh - Glasgow Point-to-Point Journeys*

Fiscal Year	Edinburgh-Glasgow		Glasgow-Edinburgh		Both Directions
2001-02	1,190,609	53%	1,070,855	47%	2,261,464
2002-03	1,315,385	54%	1,130,118	46%	2,445,503
2003-04	1,320,498	52%	1,195,590	48%	2,516,089
2004-05	1,404,089	52%	1,287,231	48%	2,691,320

 

Edinburgh – Glasgow (Tertiary Zone) Journeys**

Fiscal Year	Edinburgh-Glasgow		Glasgow-Edinburgh		Both Directions
1994-95	716,657	50%	727,101	50%	1,443,758
1995-96	743,119	50%	738,205	50%	1,481,324
1996-97	777,610	51%	733,444	49%	1,511,054
1997-98	849,028	52%	797,335	48%	1,646,363
1998-99	1,121,874	52%	1,023,003	48%	2,144,877
1999-2000	1,031,769	52%	954,490	48%	1,986,259
2000-01	1,073,151	50%	1,056,058	50%	2,129,209
2001-02	1,090,718	50%	1,071,995	50%	2,162,713
2002-03	1,097,322	49%	1,124,504	51%	2,221,826
2003-04	1,183,810	50%	1,196,458	50%	2,380,269
2004-05	1,259,375	49%	1,287,624	51%	2,546,999

Notes:

*Point-to-point journeys include flexipass sales.

**Where ticketsare purchased at stations in the Glasgow or Edinburgh area.

Network Rail, the project promoters,are developing the project on the understanding that services will run between Edinburgh anda point west of Glasgow. As the service is not planned to be in operation untilthe end of 2010, it is important that the final decision on the exact service providedis made nearer the time so that it takes into account the best fit with the otherservices that will be running then.

Transport Scotland hasthe operational responsibility for this area, and can be contacted for more informationif required.

There are no active lines ofenquiry currently being pursued in relation to the murder of Marion Ross. However,the murder investigation has not been closed and any new information will be consideredand where appropriate investigated by Strathclyde Police.

The Inquiry’s remit did not coverthe decision not to prosecute any of the officers involved. In explaining why itwas inappropriate to examine the decisions of the prosecutor, the then Prime Minister,Mr Harold McMillan, stated:

“It is an established principleof Government in this country, and a tradition long supported by all political parties,that the decision as to whether any citizen should be prosecuted, or whether anyprosecution should be discontinued, should be a matter where a public as opposedto a private prosecution is concerned, for the prosecuting authorities to decideon the merits of the case without political or other pressure.

“It would be a most dangerousdeviation from this sound principle if a prosecution were to be instituted or abandonedas a result of political pressure or popular clamour. In this case, my Right Honand Learned Friend the Lord Advocate decided, after considering the evidence beforehim, that criminal proceedings would not be justified.

“In reaching his decisions theLord Advocate’s duty in Scotland, like the  Attorney-General’s in England, is toact in a quasi-judicial capacity, whether the person involved is a public functionaryor a private citizen”.

(Hansard HC Deb, 16 February1959, col 31.).

No. I also refer the member tothe answer to question S2W-24268 on 27 March 2006. All answers to writtenparliamentary questions are available on the Parliament’s website, the search facilityfor which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

The distinction betweena failure to meet particular contractual commitments and breaches of contract generallyis one that relates to the remedies that may be available against a contractor,and is determined by the terms of individual contracts. For example, the impositionof costs or actions on contractors for failure to meet specific commitments (e.g.required service levels) is a common feature of many contracts. This approach canensure that there are direct and effective consequences against a contractor whichfails to meet the commitments agreed in the contract. In other words, failure tomeet specific contractual commitments can have consequences that are not treatedas a breach of contract. Failure to comply with terms of the contract where no specificconsequences are provided for, where penalties exceed specified levels or the appropriateremedial action has not been taken within a specified time, would be treated asbeing a breach of contract in relation to which the remedies normally availableat law may be pursued.

The Solicitor General does notprovide advice on political matters. The Solicitor General attends Cabinet wheneverthe Lord Advocate is unable to in order to provide legal advice where it is sought.