- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 26 February 2002
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Current Status:
Answered by Andy Kerr on 26 March 2002
To ask the Scottish Executive whether it has used its power of direction in respect of non-departmental government bodies and, if so, (a) when, (b) in respect of which bodies and (c) why it did so.
Answer
The information requested is not held centrally.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 12 March 2002
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Current Status:
Answered by Ross Finnie on 26 March 2002
To ask the Scottish Executive, further to the answer to question S1W-23474 by Ross Finnie on 11 March 2002, whether the Land Reform (Scotland) Bill as introduced will clarify the question of whether there is a law of trespass and what its current position is on whether there is such a law at present.
Answer
There is a law of trespass in Scotland. Part 1 of the Land Reform (Scotland) Bill creates a right of responsible access to land (including inland water) for recreational purposes and for passage. For the first time the bill creates clear and unambiguous general rights of access to land in Scotland.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 12 March 2002
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Current Status:
Answered by David Steel on 26 March 2002
To ask the Presiding Officer, further to his answer to question S1W-20309 on 7 December 2001, whether there should now be an inquiry into the circumstances surrounding the award of the contract for the MSP block wall cladding and window package of the Holyrood Project to Flour City Architectural Metals (UK) Ltd and how the losses currently estimated at #3.9 million arose.
Answer
The evidence provided on the skills and abilities of Flour City Architectural Metals (UK) Ltd prior to the letting of the contract for the MSP building cladding package is being assessed by Audit Scotland as part of their routine audit of the Scottish Parliamentary Corporate Body's (SPCB) accounts and it is not appropriate to provide details until the findings of the audit report are known. Any further action by the SPCB will be considered in the light of Audit Scotland's findings.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 12 March 2002
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Current Status:
Answered by David Steel on 26 March 2002
To ask the Presiding Officer what evidence was provided of the skills and abilities of Flour City Architectural Metals (UK) Ltd prior to the contract for the MSP block of the Holyrood Project being awarded to it.
Answer
The evidence provided on the skills and abilities of Flour City Architectural Metals (UK) Ltd prior to the letting of the contract for the MSP building cladding package is being assessed by Audit Scotland as part of their routine audit of the Scottish Parliamentary Corporate Body's (SPCB) accounts and it is not appropriate to provide details until the findings of the audit report are known. Any further action by the SPCB will be considered in the light of Audit Scotland's findings.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 12 March 2002
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Current Status:
Answered by Ross Finnie on 26 March 2002
To ask the Scottish Executive, further to the answer to question S1W-22710 by Ross Finnie on 18 February 2002, what representations or correspondence it has received expressing an opinion on section 9(2)(a) of the Land Reform (Scotland) Bill as introduced and, of these, how many (a) supported and (b) opposed the inclusion of this provision in the bill.
Answer
Section 9(2)(a) was included following representations received during the consultation on the draft Land Reform (Scotland) Bill. Since the introduction of the bill, concerns have been expressed by some that the inclusion of this provision will curtail the activities of people such as mountain guides. We have received 35 letters to this effect. Views for and against section 9 (2) (a) have been included in evidence to the Justice 2 Committee. Although in principle, we are not convinced it is appropriate to grant a business a statutory right of access to someone's land for the purpose of making a profit, we are considering the suggestions made by the Justice 2 Committee concerning possible amendment of section 9(2)(a).
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 12 March 2002
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Current Status:
Answered by David Steel on 26 March 2002
To ask the Presiding Officer how much (a) has been spent and (b) is due to be paid in legal costs in connection with the attempted recovery of debt from Flour City International Inc in respect of the losses to the Scottish Parliamentary Corporate Body resulting from the insolvency of Flour City Architectural Metals (UK) Ltd and whether it is worthwhile incurring further expenditure on such recovery.
Answer
Information is currently being sought from the Parliament's legal office which will enable the Scottish Parliamentary Corporate Body better to consider its position. The Parliament's own legal directorate has been taking specialist legal advice from Shepherd & Wedderburn WS.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 12 March 2002
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Current Status:
Answered by David Steel on 26 March 2002
To ask the Presiding Officer when legal advice in regard to the recovery of losses resulting from the insolvency of Flour City Architectural Metals (UK) was first sought and from which firm; when such advice was provided, and who is now responsible for taking any decision to incur further costs in the recovery of losses from Flour City International Inc.
Answer
Information is currently being sought from the Parliament's legal office which will enable the Scottish Parliamentary Corporate Body better to consider its position. The Parliament's own legal directorate has been taking specialist legal advice from Shepherd & Wedderburn WS.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 12 March 2002
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Current Status:
Answered by David Steel on 22 March 2002
To ask the Presiding Officer on what date the tenders were received for the contract for the MSP block wall cladding and windows; on what date the Holyrood Project Team considered the tenders; on what date a recommendation was made by the Holyrood Project Team to the Holyrood Progress Group on which company should be awarded the contract; what recommendation was made, and whether all documents in regard to this recommendation will be made publicly available.
Answer
Tenders for the MSP cladding and windows were received and opened on 9 October 2000 and I understand from the Convener of the Holyrood Progress Group they were considered by the Design Team, Cost Consultant and Construction Manager from then until 25 January 2001 when the tender recommendation was submitted to the Holyrood Project Team. The recommendation was that Flour City Architectural Metals (UK) Ltd should be awarded the contract for the MSP cladding package. The Parliament has received legal advice that the documents requested should not be made publicly available while the Scottish Parliamentary Corporate Body's rights and entitlements are still being evaluated, as they may form part of the productions in any litigation which may follow.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 12 March 2002
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Current Status:
Answered by David Steel on 22 March 2002
To ask the Presiding Officer on what date the Parent Company Guarantee was (a) dated and (b) received in respect of the obligations of Flour City Architectural Metals (UK) Ltd.
Answer
The Convener of the Holyrood Progress Group has confirmed that the Parent Company Guarantee was dated 28 September 2001 and was received by the Construction Manager, Bovis Lend Lease Ltd, on 5 October 2001.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 12 March 2002
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Current Status:
Answered by David Steel on 22 March 2002
To ask the Presiding Officer what the detailed breakdowns are of (a) the current estimate of #3.9 million losses to the Scottish Parliamentary Corporate Body resulting from the insolvency of Flour City Architectural Metals (UK) Ltd and (b) the previous estimate of losses of approximately #2 million.
Answer
I understand from the Convener of the Holyrood Progress Group that tenders for the various elements of the MSP cladding package are presently being evaluated and therefore it is not possible to provide a detailed breakdown of this figure. The previous estimate of the additional cost of £2 million was based only upon information that the supply of windows as sourced by Flour City Architectural Metals (UK) Ltd was no longer available.
