- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 22 February 2000
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Current Status:
Answered by Jim Wallace on 2 March 2000
To ask the Scottish Executive whether the powers currently exercised by police officers to search persons and property and to detain and arrest persons are compatible with the European Convention on Human Rights within the meaning of section 1 of the Human Rights Act 1998 and, if not, what plans it has to amend the law covering such powers.
Answer
We are systematically reviewing all of our activities to identify issues where there is a risk of ECHR challenge. If we believe it is necessary to amend existing legislation in order to comply with the Convention, then we will bring forward proposals for that purpose at the appropriate time.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 22 February 2000
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Current Status:
Answered by Jim Wallace on 2 March 2000
To ask the Scottish Executive whether it has any plans to carry out a review as to whether the legislation currently in force relating to the education of children is compatible with the European Convention on Human Rights within the meaning of section 1 of the Human Rights Act 1998 and, if so, whether it will publicise the findings of any such review.
Answer
We are systematically reviewing all of our activities to identify issues where there is a risk of ECHR challenge. If we believe it is necessary to amend existing legislation in order to comply with the Convention, then we will bring forward proposals for that purpose at the appropriate time.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 22 February 2000
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Current Status:
Answered by Jim Wallace on 2 March 2000
To ask the Scottish Executive whether the provisions of Part VIII of the Civic Government (Scotland) Act 1982 (as amended), relating to the repair and maintenance of buildings, powers of entry to buildings, the execution of works on buildings and the recovery of expense incurred executing works on buildings are compatible with the European Convention on Human Rights within the meaning of section 1 of the Human Rights Act 1998 and, if not, what plans it has to amend the 1982 Act.
Answer
We are systematically reviewing all of our activities to identify issues where there is a risk of ECHR challenge. If we believe it is necessary to amend existing legislation in order to comply with the Convention, then we will bring forward proposals for that purpose at the appropriate time.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 22 February 2000
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Current Status:
Answered by Jim Wallace on 2 March 2000
To ask the Scottish Executive whether it has carried out or intends to carry out a review of the legislation relating to the operation of the prison system to determine whether (a) the procedures relating to the detention of prisoners in young offenders institutions and prisons, (b) the rights and privileges accorded to such prisoners, (c) the disciplinary procedures relating to such prisoners and (d) the procedure for dealing with applications for releasing such prisoners on parole and licence, are compatible with the European Convention on Human Rights within the meaning of section 1 of the Human Rights Act 1998 and, if so, whether it will publicise the findings of any such review.
Answer
We are systematically reviewing all of our activities to identify issues where there is a risk of ECHR challenge. If we believe it is necessary to amend existing legislation in order to comply with the Convention, then we will bring forward proposals for that purpose at the appropriate time.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 22 February 2000
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Current Status:
Answered by Jim Wallace on 2 March 2000
To ask the Scottish Executive whether the provisions of the Civic Government (Scotland) Act 1982 (as amended), relating to the licensing and regulation of taxis and private hire cars are compatible with the European Convention on Human Rights within the meaning of section 1 of the Human Rights Act 1998 and, if not, what plans it has to amend the 1982 Act.
Answer
We are systematically reviewing all of our activities to identify issues where there is a risk of ECHR challenge. If we believe it is necessary to amend existing legislation in order to comply with the Convention, then we will bring forward proposals for that purpose at the appropriate time.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 17 February 2000
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Current Status:
Answered by Sarah Boyack on 2 March 2000
To ask the Scottish Executive whether details of alternatives to the proposed upgrading of the A701 and details of the cost benefit analysis of the project were made available during public consultation.
Answer
The Scottish Executive does not have this information. These are matters for Midlothian Council.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 17 February 2000
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Current Status:
Answered by Sarah Boyack on 2 March 2000
To ask the Scottish Executive why it did not require Midlothian Council to undertake a full multi-modal corridor study prior to allowing the council to proceed with the A701 project.
Answer
The Scottish Ministers took the view that the proposals, which were in accord with the statutory development plan, did not merit call-in.The letter intimating this decision to Midlothian Council emphasised that the Scottish Ministers were aware that the Council is committed to pursuing other initiatives as part of a package of measures to improve transportation within and outwith Midlothian. The Scottish Ministers encouraged the Council to pursue these initiatives with a view to delivering a comprehensive and sustainable package of transport improvements as soon as possible.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 17 February 2000
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Current Status:
Answered by Sarah Boyack on 2 March 2000
To ask the Scottish Executive whether there is any statutory obligation for Midlothian Council to put in place each of the public transport elements, including extra bus services, real time information and bus priority measures that formed a part of Midlothian Council's original Private Finance Initiative based proposals to upgrade the A701.
Answer
There are no statutory obligations on the Council to implement the original Private Finance Initiative based proposals. However, the Notice of Intention to Develop in respect of improvements to the A701, which was submitted to the Scottish Ministers, was accompanied by a statement by the Council which detailed measures to improve public transport and enhance bus services.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 17 February 2000
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Current Status:
Answered by Sarah Boyack on 2 March 2000
To ask the Scottish Executive whether the outline business case for the A701 and details of the cost/benefit analysis of the multi-modal corridor will be made available in the Scottish Parliament Information Centre.
Answer
It is for Midlothian Council to decide which documents are made available to the Scottish Parliament Information Centre.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 17 February 2000
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Current Status:
Answered by Sarah Boyack on 2 March 2000
To ask the Scottish Executive whether all documents submitted by Midlothian Council in its application to the Executive for permission to construct the A701 through the Edinburgh greenbelt are made available to the public and, if so, where, and whether it will outline the reasons for any restrictions in access.
Answer
Relevant documents in relation to the Notice of Intention to Develop for the construction of the A701 are available at the public libraries in Roslin, Penicuik and Loanhead and at the Council offices at Fairfield House, Dalkeith. There is no restriction on access to these documents.
