Chamber and committees

Generally, the Executive does not provide assistance to MSPs in respect of the drafting of amendments on Private Members Bills. In this instance, the Executive is providing limited assistance on technical matters. All MSPs are free to seek assistance from the Committee Clerk in preparing amendments to the Bill.In response to a question from the Convenor of the Rural Development Committee, (Official Report, 4 December, Col 2576) I said that the Executive would work with you to agree an amendment which defined pest species covered by the Bill. That offer remains available to you.

Upon wind-up the two Scottish Transport Group pension fund schemes are liable to taxation which is payable to the Inland Revenue. As I announced in Parliament on 29 November agreement has been reached between the Scottish Executive and UK Government that up to £118 million of any sums remaining should now be paid out to members of the Scottish Transport Group Pension Schemes by means of ex-gratia payments. These are sums, payable as a lump sum rather than as an addition to pensions, which members of the schemes would not have otherwise been due under the rules which govern the pension schemes. Scottish ministers will distribute the ex-gratia payments as soon as possible after the pension schemes' trustees have discharged their obligation to wind-up the pension schemes. There is no intention that any part of sums paid to the Inland Revenue or HM Treasury, or retained by Scottish ministers to be used in making ex-gratia payments, will be used for a contingency fund against potential legal action.

We recognise the important contribution made by commercial businesses based on outdoor activities to the Scottish economy as a whole and the rural economy in particular. There is no reason why such businesses should not continue to operate as at present following enactment of the Land Reform (Scotland) Bill. The bill will not diminish any existing rights nor will the fact that an activity is not included within the new access rights mean that it cannot continue as at present. In principle we do not consider it appropriate to provide commercial businesses with a statutory right to use another persons land for their own profit. It is for that reason that we have included section 9 (2)(a) in the bill. The effect of this provision is that the position of commercial businesses in relation to access is unchanged by the bill. In other words, they can continue to have access to land for the purpose of their business, as now, with the consent of the landowner (whether express or implied).Guidance on access by commercial businesses will be set out in the Scottish Outdoor Access Code following consultation with all interested parties.

The draft Land Reform (Scotland) Bill was the subject of extensive consultation with a wide range of interests in the course of 2001. I refer the member to the answer given to question S1W-21336 on 17 January 2002, concerning the purpose of Section 9 (2)(a) of the Land Reform (Scotland) Bill.

Default notices have been issued to BEAR Scotland Ltd in respect of management and operational issues relating to trunk roads. Default notices may impinge on contractual and commercial obligations. Consequently it would not be appropriate to place them in the Parliament's Reference Centre.BEAR's winter maintenance operations on the A9 on the evening of 4 December and early morning of 5 December 2001 have been investigated. There is nothing to suggest that the Operating Company did not meet its contractual obligations and consequently there are no plans to issue a default notice in this regard.

Publication and timing of publication of the Report and Accounts for both Scottish Transport Group pension schemes, which detail the scheme balances, are matters for the Trustees. The Scottish Transport Group Accounts for the year ended 31 March 2001, which will include a reference to the net surplus in the pension schemes, were presented to the Scottish Parliament on 14 December 2001. No estimates have been made by the Executive of the funds as at 31 March 2002.Under the rules of the schemes the sums remaining in the pension schemes on wind-up fall to the UK Exchequer. As I announced in the Parliament on 29 November, Scottish ministers have secured for distribution the full amount of the estimated increase in the net surplus between 31 March 2000 and 31 March 2001, an additional £18 million, by agreement with Treasury Ministers.

The contract with Flour City Architectural Metals (UK) Ltd specified that a Performance Bond should be provided within 10 working days of the contract being completed as a deed. The contract was signed on 1 August 2001 and the Performance Bond was therefore requested by 15 August 2001.The Performance Bond should have covered 10% of the full contract value in the event that Flour City Architectural Metals (UK) Ltd were unable to fulfil their contract obligations.Verbal requests to the contractor for provision of a Performance Bond were made, initially, by the Construction Managers, Bovis Lend Lease (Scotland) Limited, by telephone and at package meetings. This was followed by the issue of a Notice Of Failure, specifically referring to the failure to provide a Performance Bond, on 30 August 2001 by the Holyrood Project Team. Ultimately, stipulations were also made at meetings with the President and Chairman of Flour City International Inc. by the Holyrood Project Team. This activity all took place between June and October 2001.

The criteria used by the Scottish Executive in determining speed limits on trunk roads are set out in Scottish Office Industry Department Circular 1/93, copies of which are available in the Parliament's Reference Centre (Bib. number 17782). Requests and representations for reductions in speed limits are considered in accordance with the criteria. The Executive commends the use of the criteria to local roads authorities for application to decisions concerning speed limits on local roads. It is, however, for each authority to decide whether or not to apply the criteria in any particular case.On 17 August 2001 the Executive issued revised guidance to local authorities on 20 mph speed limits. Scottish Executive Development Department Circular 6/2001, copies of which are available in the Parliament's Reference Centre (Bib. number 17781), provides advice on the setting of mandatory and advisory 20 mph speed limits.

I understand that the Report and Accounts of the Scottish Transport Group pension schemes for the year ended 31 March 2000 were published by the trustees prior to 18 December 2000. Publication and timing of publication is a matter for the trustees.It would be inappropriate to provide information which would harm the frankness and candour of discussion and advice, including the proceedings of Scottish Cabinet.

The additional £18 million secured by Scottish ministers for distribution to former members of the Scottish Transport Group pension schemes represents the estimated increase in the surplus of the schemes to 31 March 2001 of some £8 million; the remainder of the additional distribution of some £10 million is as a result of tax changes.