- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Thursday, 09 September 1999
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Current Status:
Answered by Jack McConnell on 16 September 1999
To ask the Scottish Executive whether it believes that it would be of benefit to business in Scotland if it exercised the tax varying power for the years 2000-01 and 2001-02.
Answer
The Scottish Executive will not be using the tax varying power during the lifetime of this Parliament. This has been widely welcomed by the business community in Scotland.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Thursday, 02 September 1999
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Current Status:
Answered by Henry McLeish on 16 September 1999
To ask the Scottish Executive whether it will make representations to Her Majesty's Government requesting that Post Office sub-post masters in Scotland be entitled to be remunerated for their work in accordance with the principals of the National Minimum Wage Act 1998.
Answer
This is a matter for The Employment Tribunal and Courts to determine.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Wednesday, 08 September 1999
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Current Status:
Answered by Jack McConnell on 16 September 1999
To ask the Scottish Executive whether it believes that it would be of benefit to business in Scotland if it exercised the tax varying power for the years 2000-2001 and 2001-2002.
Answer
The Scottish Executive will not be using the tax varying power during the lifetime of this Parliament. This has been widely welcomed by the business community in Scotland.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Wednesday, 01 September 1999
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Current Status:
Answered by Sarah Boyack on 15 September 1999
To ask the Scottish Executive whether it will reform the law to require Scottish Enterprise (SE) and Highlands and Islands Enterprise (HIE) to be consulted, prior to the designation of an area as Site of Special Scientific Interest, as to the effects of such a designation on the economy and the Parliament to be consulted where SE and HIE consider that such a designation would be harmful.
Answer
I refer the member to the answer to question S1W-1274.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Wednesday, 01 September 1999
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Current Status:
Answered by Sarah Boyack on 15 September 1999
To ask the Scottish Executive, further to the answer to question S1W-622 by Sarah Boyack on 10 August, what account it takes of the effects which the designation of areas as Sites of Special Scientific Interest (SSSI) has had or may have on the economy of the Highlands and Islands in considering an area's current or future status as an SSSI.
Answer
The designation of SSSIs is the responsibility of Scottish Natural Heritage, which has a statutory duty under section 28 of the Wildlife and Countryside Act 1981 to notify land which, in its opinion, is of special scientific interest.
While the relevant considerations in relation to SSSI notification are primarily scientific, SNH, in discharging its balancing duty to have regard to the need for social and economic development in Scotland, considers comments from a wide range of consultees at the time of notification, including local authorities, local communities and owners and occupiers, where the designation of SSSIs might potentially have economic consequences at local level.We are currently developing proposals for a new system for nature conservation consistent with our commitments in the Programme for Government and the Partnership for Scotland agreement. The question of consultation on SSSI designation will be covered by these proposals, which will be subject to further consultation and pre-legislative scrutiny as appropriate.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Wednesday, 01 September 1999
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Current Status:
Answered by Andrew Hardie on 15 September 1999
To ask the Scottish Executive, further to the answer to question S1W-113 by Lord Hardie on 6 July, whether it will publish all or any of the legal advice it has received in relation to the right of a victim of crime to be afforded a full explanation of the reasons for a decision not to go ahead with criminal proceedings.
Answer
It is a rule of long standing that for the proper working of Government all legal advice obtained by it is confidential, a position adopted by the Scottish Executive.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Wednesday, 01 September 1999
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Current Status:
Answered by Andrew Hardie on 15 September 1999
To ask the Scottish Executive, further to the answer to question S1W-113 by Lord Hardie on 6 July, whether it will make a statement on the relevance of the European Convention on Human Rights to the refusal to advise victims of crime of the reason why no criminal proceedings have been raised in respect of such crime.
Answer
In certain circumstances to disclose reasons for not raising criminal proceedings could constitute a breach of the Convention rights of a victim, witness or accused. Rights secured under the Convention include the presumption of innocence and the right to privacy, both of which must be given due cognisance.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Wednesday, 01 September 1999
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Current Status:
Answered by Andrew Hardie on 15 September 1999
To ask the Scottish Executive, further to the answer to question S1W-113 by Lord Hardie on 6 July, whether it will define, describe and elucidate the circumstances in which a form of restricted disclosure of the reasons for not proceeding against an accused may be made and why such disclosure must be restricted.
Answer
Decisions regarding disclosure of reasons for not raising criminal proceedings require to be made on a case by case basis. As with all prosecution policy, Procurators Fiscal are subject to confidential guidance approved by the Lord Advocate. Procurators Fiscal exercise discretion as to whether there can be any degree of disclosure within the terms of that guidance.Decisions will be based on reports and statements which are confidential. In addition, to disclose reasons may be tantamount to exposing the persons involved to a form of public trial without their having been given an opportunity to defend themselves or explain their position.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Wednesday, 01 September 1999
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Current Status:
Answered by Rhona Brankin on 15 September 1999
To ask the Scottish Executive whether it considers that the role of Historic Scotland in relation to applications for building consent or planning permission, particularly as regards Grade C listed buildings, should be reviewed in the light of the length of time such processes take and the expense involved for owners and, if so, whether it will conduct such a review.
Answer
Historic Scotland takes an average of only nine working days to clear listed building consent cases referred to it and no fee is charged. Historic Scotland is already discussing with local authorities whether any further improvements could be made to the operation of the system.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 24 August 1999
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Current Status:
Answered by Jim Wallace on 14 September 1999
To ask the Scottish Executive when the "appointed day" in terms of clause 1 of the Scottish Law Commission's draft Bill on the abolition of the feudal tenure will be.
Answer
The "appointed day", which will be the actual date of abolition of the feudal system, will be fixed by a commencement order made by a Scottish Minister. No decision has yet been taken on the actual date.
