- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 14 December 1999
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Current Status:
Answered by Susan Deacon on 11 January 2000
To ask the Scottish Executive, further to the answer to question S1W-1892 by Susan Deacon on 28 October 1999, whether it will extend the period of consultation on the draft Dairy Products (Hygiene) (Scotland) Regulations 1999 until the end of May 2000 in the light of the longer consultation period being allowed for similar regulations in England and Wales.
Answer
Consultation on the draft Dairy Products (Hygiene) (Scotland) Regulations 1999 ended on 11 October.
The consultation on these Regulations were extensive and sought views on the effect which removing these derogations will have on industry.There are no proposals to extend the consultation period in Scotland. I am advised that the consultation period in England and Wales has not been extended. However, discussions are still ongoing with the Specialist Cheesemakers in respect of structural, equipment and wrapping derogations.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 14 December 1999
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Current Status:
Answered by Susan Deacon on 11 January 2000
To ask the Scottish Executive whether it will place in the Parliament's Information Centre evidence in writing from the Commission of the European Monetary Union for the proposition that EU Law does not permit the continuation of the derogations that are available under the 1995 Dairy Products (Hygiene) Regulations for Milk Based Products with Traditional Characteristics and, if not, whether the granting of such derogations remains strictly within the discretionary power of member states.
Answer
Article 8(2) of Council Directive 92/46 provides that Member States may, in so far as certain requirements of this Directive are likely to affect the manufacture of milk-based products with traditional characteristics, be authorised by the Commission to grant individual or general derogations from Article 7A(1) to (4), which includes certain standards for processing establishments, certain standards for wrapping and packing, and the microbiological criteria.
Article 1 of the Commission Decision 96/536 established the criteria for milk based products with traditional characteristics and granted derogations from certain structural, equipment and packing requirements, but not from the microbiological criteria, for products listed in the Annex to the Decision. A second Commission Decision 97/284, replaced 96/536 in its entirety. This Decision authorises Member States to grant derogations to establishments, which manufacture traditional products from structural, equipment and packing requirements as in Decision 96/536, but again, not from the microbiologcal criteria. The position is therefore that the UK is not authorised by the Commission to maintain the derogation given in Regulation 9(11) of the Dairy Products (Hygiene) (Scotland) Regulations 1995 for microbiological criteria under European law.Arrangements are being made for Council Directive 92/46/EEC and Commission Decision 96/536 to be placed in the Parliament's Information Centre.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 21 December 1999
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Current Status:
Answered by Donald Dewar on 11 January 2000
To ask the Scottish Executive whether it has considered the report by the Commissioner for Public Appointments as to the appointment of Dr Harold Mills as Chairman of Caledonian MacBrayne; if so, what action it proposes to take; in particular, whether it plans to invite Dr Mills to step down and conduct a new appointment process in line with the revised guidelines recommended by the Commissioner, and whether it will place a copy of the report in the Scottish Parliament Information Centre.
Answer
The Scottish Executive welcomes the report prepared by the Commissioner for Public Appointments in response to complaints she had received concerning the appointment of Dr Harold Mills as Chairman of Caledonian MacBrayne.
The Executive will be acting on the constructive criticism Dame Rennie Fritchie has made and the Minister for Finance announced on 13 December that a consultation paper on future public appointments in Scotland will be issued. This is aimed both at widening the range of people who are selected for public appointment and ensuring that the process used commands the confidence of the public.
The Commissioner concluded that Dr Mills was appointed on merit; that there was no suggestion of improper conduct; and that the appointment process was generally conducted with diligence and fairness. In these circumstances there is no case for the process to be reopened and I understand that the Commissioner is of the same opinion. I have full confidence in Dr Mills' abilities to provide the strong Chairmanship which the company needs.I have arranged for a copy of the Commissioner's report to be placed in the Scottish Parliament Information Centre.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 21 December 1999
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Current Status:
Answered by Sarah Boyack on 11 January 2000
To ask the Scottish Executive whether it supports the aims of the steering group being headed by Scottish Enterprise to look into the possibilty of setting up freight ferry services between Scotland and the continent and what effect it would expect such a service to have on the Scottish economy as a whole.
Answer
The Executive welcomes the establishment by Scottish Enterprise of a Project Steering Group to promote the opportunity to operate a direct ferry service from Scotland to the Continent. The Executive would expect the Steering Group to examine the potential costs and benefits of establishing a viable service, including the effects it might have on the Scottish economy as a whole.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Wednesday, 15 December 1999
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Current Status:
Answered by Donald Dewar on 11 January 2000
To ask the Scottish Executive what the estimated total annual costs to the Executive are of each and all of the proposed joint committees between it and Her Majesty's Government and whether it will provide a detailed computation of such expenses showing the estimated costs of (a) any expenses, including travel, subsistence and accommodation, paid to ministers, civil servants and special advisers attending such meetings (b) civil servants' time in serving on or otherwise supporting such meetings (c) the hire of accommodation (d) the provision of meals and refreshments (e) any receptions or other functions, social or otherwise (f) any other associated costs; whether it will indicate the number of civil servants attending such meetings, and, if it will not detail the above costs and figures, why not.
Answer
The precise costs to the Executive cannot be known in advance, nor in such detail. They will be met from the overall administration budget.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Wednesday, 15 December 1999
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Current Status:
Answered by Donald Dewar on 11 January 2000
To ask the Scottish Executive whether there has been or will be any payment made to the former Special Adviser Mr John Rafferty arising from the termination of his employment and, if so, to provide full details of such payment.
Answer
Mr Rafferty will receive what he is due under the terms of his contract of employment. A copy of the model contract for Special Advisers is available in the Scottish Parliament Information Centre (SPICE).
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 14 December 1999
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Current Status:
Answered by Henry McLeish on 28 December 1999
To ask the Scottish Executive what its estimates are as to how many jobs have (a) been lost and (b) not been created as a result of regulations, and what steps have been taken by it to assess any impact regulations have on the economy.
Answer
The Scottish Executive has not made any estimates of the impact of regulatory factors on either job loss or job creation decisions but it recognises that regulations can have implications for the competitiveness of business and the economy and is committed to minimising the burden on business. Any new Scottish legislation or regulation, and any consultation papers on regulatory proposals that have an impact on business, are required to be accompanied by a Regulatory Impact Assessment. This structured document shows the expected compliance cost to business, particularly small firms, set alongside the benefits of non-regulatory alternatives. No legislative or regulatory proposal that has an impact on business will proceed without a Regulatory Impact Assessment that clearly demonstrates the worth of the proposed regulation.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 14 December 1999
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Current Status:
Answered by Andrew Hardie on 28 December 1999
To ask the Scottish Executive what the total cost was of the prosecution of Jim Sutherland of Carfraemill Lodge in respect of offences under the Beef Bones Regulations 1997 including all costs incurred until conclusion of the case on 7 December 1999.
Answer
It is not possible to calculate the total cost of this prosecution.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 14 December 1999
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Current Status:
Answered by Henry McLeish on 28 December 1999
To ask the Scottish Executive, further to the answer to question S1W-1912 by Henry McLeish on 25 October 1999, why a copy of the Executive summary of the report by Deloitte & Touche on the Ossian project has still not been placed in the Scottish Parliament Information Centre and whether it will provide a full explanation as to the delay.
Answer
The report has taken longer to complete than the Scottish Tourist Board expected. They now believe that it will be available during the week beginning 20 December. As it will not now contain commercially sensitive information, I have asked the Chairman of the STB to place a copy of the full report in the Parliament's Information Centre as soon as it becomes available.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 14 December 1999
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Current Status:
Answered by Frank McAveety on 28 December 1999
To ask the Scottish Executive, further to the answer to question S1W-2640 by Mr Frank McAveety on 2 December 1999, whether, given its responsibility for local government, it will seek from North Lanarkshire Council the details relating to the points raised in that question and, if not, why not and whether it will state by what mechanism members should seek such information.
Answer
No. Local authorities are autonomous corporate bodies; and they have powers to appoint officers on such reasonable terms and conditions as they think fit and similarly to terminate contracts of employment. In doing so they are, of course, required to comply with employment law; and their accounts are subject to audit by the Accounts Commission; but they are not answerable to the Scottish Executive, except where statute specifically provides so.
