- 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, further to the answer to question S1W-2285 by Sarah Boyack on 22 November 1999, which of the documents referred to are available to the public and which are restricted and for what reasons.
Answer
The documents relating to the outline bid for Transport Challenge Funding and the outline business case for upgrading of the A701 are not available to the public since these contain commercial in confidence information. Relevant documents in relation to the Notice of Intention to Develop are available at the public libraries in Roslin, Penicuik and Loanhead and at the Council offices at Fairfield House, Dalkeith.
- 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 details of the outline business case for the A701 improvements were made available to the public during consultation at the planning stage.
Answer
The Scottish Executive does not have details on the availability of documents to the public at stages prior to their submission to the Scottish Ministers.
- 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 it is satisfied that Midlothian Council met all statutory requirements in relation to public consultation on its proposals to construct the new A701 through the Edinburgh green belt.
Answer
The responsibility for meeting all the statutory requirements in relation to public consultations on these proposals rests with Midlothian Council.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Friday, 11 February 2000
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Current Status:
Answered by Jim Wallace on 29 February 2000
To ask the Scottish Executive how many appeals (a) from the sheriff court to the Court of Session; (b) from the sheriff court to the High Court; (c) from the High Court of Justiciary to the Scottish Court of Criminal Appeal and (d) from the Court of Session to the Inner House of the Court of Session have been postponed as a result of the decision to suspend all temporary Sheriffs and temporary Judges.
Answer
Adjustments to the programme in the Court of Session after 11 November 1999 have resulted in one appeal from the Court of Session to the Inner House being postponed to a later date.No appeals from the sheriff court to the Court of Session or the High Court, and no appeals from the High Court to the Court of Criminal Appeal have been postponed. However, adjustments to the Appeal Court programme have resulted in the loss of four days for criminal appeals and eight days for summary sentence appeals.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 15 February 2000
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Current Status:
Answered by Jim Wallace on 29 February 2000
To ask the Scottish Executive how many of the 12 new permanent Sheriffs appointed in December 1999 previously held temporary Sheriff commissions and, of these, how many had held commissions as temporary Sheriffs for more than two years.
Answer
Eight of the new appointees had held Commissions as temporary Sheriffs, of whom one had held his commission for more than two years.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 15 February 2000
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Current Status:
Answered by Jim Wallace on 29 February 2000
To ask the Scottish Executive whether it intends to appoint temporary Sheriffs and temporary Judges to fill the current judicial deficit; if so, what method of appointment will be used and what terms and conditions will apply to these appointments.
Answer
This is under active consideration. No final decision will be taken before a current case in the Court of Session has been concluded.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 15 February 2000
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Current Status:
Answered by Jim Wallace on 29 February 2000
To ask the Scottish Executive how many hearings in civil litigation have been postponed due to the unavailability of Sheriffs in each of Linlithgow, Stirling, Falkirk, Dundee, Hamilton, Lanark, Dunfermline, Haddington and Edinburgh Sheriff Courts.
Answer
The following table shows the number of civil hearings adjourned due to lack of temporary shrieval resources in the Sheriff Courts at Linlithgow, Stirling, Falkirk, Dundee, Hamilton, Lanark, Dunfermline, Haddington and Edinburgh for the period 1 November 1999 to 31 January 2000.
CIVIL CASES ADJOURNED DUE TO LACK OF TEMPORARY SHRIEVAL RESOURCES
1 Nov 1999 to 31 Jan 2000
| | Ordinary | Summary Cause | Small Claim | Other |
| | Proof | Debate | Proofs | Full Hearings | |
Dundee | 6 | 1 | 0 | 3 | 0 |
Dunfermline | 1 | 1 | 0 | 0 | 0 |
Edinburgh | 10 | 1 | 2 | 5 | 0 |
Falkirk | 2 | 0 | 0 | 0 | 1 |
Haddington | 0 | 0 | 0 | 0 | 0 |
Hamilton | 5 | 3 | 0 | 0 | 0 |
Lanark | 4 | 2 | 0 | 0 | 0 |
Linlithgow | 1 | 0 | 0 | 0 | 0 |
Stirling | 8 | 3 | 9 | 1 | 0 |
Total | 37 | 11 | 11 | 9 | 1 |
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 15 February 2000
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Current Status:
Answered by Jim Wallace on 29 February 2000
To ask the Scottish Executive whether the work of temporary Sheriffs accounted for in excess of 6,000 court days in the year prior to 11 November 1999; whether this is equivalent to the workload of not less than 37 full-time permanent Sheriffs and, if so, how it plans to fill the judicial deficit of the equivalent of at least 21 full-time Sheriffs.
Answer
Temporary Sheriffs contributed 5,518 days service in the year to 11 November 1999. Ministers have authorised the appointment of 16 permanent Sheriffs since then and are considering what further steps are necessary to replace the service given by temporary Sheriffs. In reaching decisions Ministers will wish to take account of relevant cases heard by the Supreme Courts, one of which is still in progress.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 15 February 2000
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Current Status:
Answered by Jim Wallace on 29 February 2000
To ask the Scottish Executive how many of the 12 new permanent Sheriffs appointed in December 1999 were previously (a) advocates depute or (b) procurators fiscal.
Answer
(a) two and (b) four, including two who had served in both capacities at different times.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 15 February 2000
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Current Status:
Answered by Jim Wallace on 29 February 2000
To ask the Scottish Executive how many hearings in civil litigation in the Court of Session have been postponed due to the unavailability of Judges following the suspension of temporary Judges.
Answer
Adjustments to the programme in the Court of Session after 11 November 1999 have resulted in six cases set down for proof being reallocated to later dates.
