- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 25 October 2001
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Current Status:
Answered by Jim Wallace on 8 November 2001
To ask the Scottish Executive, with regard to paragraphs 5 and 8 of the First Report of the Law Reform Committee for Scotland (Cmnd 88, 1957), whether the position that a "trespasser" in Scots Law is "not necessarily versans in illicito" has changed since the publication of that report.
Answer
It is for the courts to interpret the law. The law of trespass continues to operate on the same basis as in 1957.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 26 September 2001
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Current Status:
Answered by Jim Wallace on 10 October 2001
To ask the Scottish Executive, further to the answer to question S1W-17373 by Mr Jim Wallace on 22 August 2001, whether the Land Reform (Scotland) Bill is likely to give rise to an increase in legal actions against land managers under the Occupiers' Liability (Scotland) Act 1960 and what advice or assurances it can give to land managers on this matter.
Answer
We have always made clear our intention that the Land Reform (Scotland) Bill should not increase the liability of landowners towards those exercising access rights. Following consultation on the draft Land Reform Bill we are considering the need to give effect to this on the face of the Bill.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 26 September 2001
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Current Status:
Answered by Jim Wallace on 10 October 2001
To ask the Scottish Executive, further to the answer to question S1W-17782 by Mr Jim Wallace on 21 September 2001, whether access agreements and management agreements will be abolished under the proposed Land Reform (Scotland) Bill and what the annual cost of such agreements has been in each of the last five years.
Answer
As stated in the answer given to question S1W-17782, the need for access agreements will disappear with the introduction of the right of responsible access. Management agreements will continue to be provided for under section 49A of the Countryside (Scotland) Act 1967.
With regard to the annual cost of access and management agreements as stated in the answer given to question S1W-17774, this is a matter for Scottish Natural Heritage.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 26 September 2001
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Current Status:
Answered by Ross Finnie on 10 October 2001
To ask the Scottish Executive whether a policy of encouraging crofters to purchase their crofts is being pursued.
Answer
The Scottish Executive neither encourages crofters to purchase their crofts nor discourages them from doing so. We believe the decision about buying is a matter for the individual crofter, who is best able to judge where the balance of advantage lies in his/her own case.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 25 September 2001
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Current Status:
Answered by Jim Wallace on 9 October 2001
To ask the Scottish Executive whether the draft Land Reform (Scotland) Bill will be published in October, November or December this year.
Answer
The draft Land Reform (Scotland) Bill issued for consultation on 22 February 2001. Over 3,500 responses have been received and, as indicated in my answer to question S1O-03734 on 13 September 2001, the Bill is now being prepared for introduction to the Scottish Parliament later this year. This is reflected in the latest Land Reform Action Plan Progress Report, which issued on 27 September 2001, copies of which have been sent to all MSPs and placed in the Parliament's Reference Centre (Bib. number 16399).
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 05 September 2001
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Current Status:
Answered by Jim Wallace on 1 October 2001
To ask the Scottish Executive, in the light of proposals for pilot projects in Manchester and London for night and weekend courts, whether it intends to introduce a similar scheme in Scotland.
Answer
Currently there are no plans to introduce night and weekend courts in Scotland. However, the Scottish Executive will note with interest any lessons to be learned from the pilot projects in England.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 17 September 2001
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Current Status:
Answered by Jim Wallace on 1 October 2001
To ask the Scottish Executive whether rehabilitation in open prisons will be made available to female prisoners prior to their release as is the case with male prisoners.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:
The SPS is currently evaluating the need for such a facility.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 17 September 2001
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Current Status:
Answered by Jim Wallace on 1 October 2001
To ask the Scottish Executive what resources allocated to the Scottish Prison Service for its capital building programme in the current financial year are expected to remain unspent.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:
SPS anticipate that £8-12 million of the capital building programme in 2001-02 will be incurred in the next financial year due to the profile of construction expenditure.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 17 September 2001
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Current Status:
Answered by Jim Wallace on 1 October 2001
To ask the Scottish Executive what the estimated underspend of the Scottish Prison Service is in 2001-02.
Answer
£8-12 million.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 17 September 2001
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Current Status:
Answered by Jim Wallace on 1 October 2001
To ask the Scottish Executive why the Scottish Prison Service did not spend its allocated budgets for 1999-2000 and 2000-01 and why resources available from the underspend were not reallocated to tackle any issues of overcrowding and staff morale.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:
The underspend in 1999-2000 and 2000-01 was primarily due to the timing of expenditure on committed capital projects, including investment in prisoner accommodation and improved staff facilities. In both years, the full underspend was carried forward into the following financial year as end-year flexibility funding and was therefore available for spending by SPS on the full range of its activities.
