- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Friday, 17 November 2000
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Current Status:
Answered by Jack McConnell on 12 December 2000
To ask the Scottish Executive on what date it decided, under Part II of the Code of Practice on Access to Scottish Executive Information, that information regarding internal discussions and advice in relation to the problems with this year's exams would not be made publicly available.
Answer
The Code of Practice on Access to Scottish Executive Information which exempts from disclosure information whose disclosure would harm the frankness and candour of internal discussion, including internal opinion, advice, recommendation, consultation and deliberation came into force on 1 July 1999.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Monday, 25 September 2000
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Current Status:
Answered by Angus MacKay on 11 December 2000
To ask the Scottish Executive whether it is open to non-departmental public bodies to raise actions of judicial review against it and, if so, on what grounds and whether it will provide details of any such actions ever raised.
Answer
There is no rule of law which would prevent a non-departmental public body raising an action of judicial review against the Scottish Executive, nor are any of the usual grounds for judicial review not available to such a body. There has not to date been any instance of a non-departmental public body raising an action of judicial review against the Executive.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Thursday, 23 November 2000
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Current Status:
Answered by Sarah Boyack on 7 December 2000
To ask the Scottish Executive whether it will provide to visually impaired persons, whether the impairment is total or partial, the maximum rate of concession under the proposed travel concession scheme set out in section 68 of the Transport (Scotland) Bill; whether it will provide details of what concessionary fares scheme will be introduced for those who suffer generally from a disability or injury and of any criteria which will be applied, and whether it will publish such criteria prior to any further consideration of the Bill by the Parliament.
Answer
Section 68 of the Transport (Scotland) Bill will enable Scottish Ministers to set common to all Scottish local authorities a basic level of concession for pensioners and disabled people travelling within Scotland. No maximum level of concession is specified in section 68.
New resources will be provided to local authorities to enhance existing concessionary fares schemes in order to provide pensioners and people with disabilities in Scotland with free local bus travel within existing scheme boundaries from October 2002 for journeys outwith the morning peak. The eligibility criteria for disabled people are entirely a matter for the local authorities operating existing concessionary fares schemes.The existing voluntary national concessionary fares scheme for blind and partially sighted people continues to deliver free travel throughout Scotland on train, bus and ferry services.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Thursday, 23 November 2000
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Current Status:
Answered by Sarah Boyack on 7 December 2000
To ask the Scottish Executive whether the proposed ex gratia payments to members of the Scottish Transport Group Pension Schemes will be equal to their pension entitlement under the schemes.
Answer
Details of the settlement are under consideration and proposals will be brought before the Scottish Parliament for approval in due course.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Thursday, 23 November 2000
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Current Status:
Answered by Sam Galbraith on 7 December 2000
To ask the Scottish Executive whether the use of Reporters employed by it to decide planning inquiries contravenes the European Convention on Human Rights in terms of whether an applicant has a fair hearing.
Answer
I refer the member to the answer given to question S1W-6779 on 30 May 2000.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Friday, 20 October 2000
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Current Status:
Answered by Sam Galbraith on 1 December 2000
To ask the Scottish Executive whether the decision to refer the Report on the Lingerbay Inquiry to Scottish Natural Heritage (SNH) was within its powers; whether it will continue to refer such reports to SNH in future, and in particular whether it will refrain from referring reports to SNH where SNH has been an objector to the planning application.
Answer
Lord Hardie's comments in relation to the Lingerbay case have been noted and it has been decided not to appeal against his judgement. A decision as to whether it might be appropriate to refer a matter to Scottish Natural Heritage in any future case will depend on the particular circumstances of that case.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Friday, 20 October 2000
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Current Status:
Answered by Sam Galbraith on 1 December 2000
To ask the Scottish Executive whether any decision on whether to appeal against the decision by Lord Hardie in respect of the Lingerbay Inquiry will be taken by its full Cabinet.
Answer
It has been decided not to appeal against the judgement of Lord Hardie.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Friday, 20 October 2000
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Current Status:
Answered by Sam Galbraith on 1 December 2000
To ask the Scottish Executive what estimate was made by it, regarding the Court of Session action by Lafarge Redland Aggregates Ltd. for an order in respect of the Lingerbay inquiry, before it made the decision to defend the proceedings, of the likely level of court expenses in the event that it lost the action and an award of expenses was made against it; what sums have been expended in connection with its defence of the action, and what estimate it has made of the legal expenses of its opponent.
Answer
The likely level of court expenses was not regarded as a determining factor in considering whether or not to defend the Court of Session action brought by Lafarge Redlands. No estimate of the possible expenses was prepared and final costs are not known at this time.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Thursday, 11 May 2000
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Current Status:
Answered by Susan Deacon on 1 December 2000
To ask the Scottish Executive whether it has any information on organophosphate poisoning available for those who may have been affected by it and, if not, whether it will make such educational materials available.
Answer
The Executive has not produced any such materials and has no plans to do so. General practitioners, who were advised by the Chief Medical Officer in July 1999 of the need to be aware of the possibility that patients may be suffering from organophosphate poisoning, are best placed to advise and inform patients, and to refer to a specialist in appropriate cases.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Wednesday, 25 October 2000
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Current Status:
Answered by Angus MacKay on 1 December 2000
To ask the Scottish Executive whether it has powers to require special advisers to provide services to MSPs who are not members of the Executive and, if so, on the basis of what legal provision and whether such services should be publicly funded or funded by individual political parties.
Answer
Special Advisers are appointed to advise the First Minister in the development of Scottish Executive policy and its effective presentation. They discharge this role by carrying out a range of duties as required by the First Minister and set out in their contract.
Special Advisers are appointed in accordance with Article 3(4) of the Civil Service Order in Council 1995 as amended by the Civil Service (Amendment) Order in Council 1999.
Full details about the role and duties of advisers are contained in the Model Contract for Special Advisers, a copy of which is available in the Parliament's Reference Centre.
