- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Thursday, 05 December 2002
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Current Status:
Answered by Jim Wallace on 17 December 2002
To ask the Scottish Executive how it will enforce clauses 59 and 69 of the Criminal Justice Bill on restrictions on reporting for publications on the internet where the server on which the publication was originally made is located outside the UK.
Answer
The proposed restrictions are for the purpose of preventing jurors or potential jurors in England and Wales from becoming prejudiced. As internet material could be viewed in England and Wales, the prime responsibility for dealing with the matter would lie with the authorities in England and Wales. In Scotland, the police, and the Crown Office and Procurator Fiscal Service would be responsible for dealing with any suspected offences.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Thursday, 05 December 2002
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Current Status:
Answered by Jim Wallace on 17 December 2002
To ask the Scottish Executive whether clauses 59 and 69 of the Criminal Justice Bill can be enforced against print publications imported from other states in the European Union.
Answer
The enforcement of the reporting restrictions set out in clauses 59 and 69 of the bill are subject to the offence provisions in clauses 60 and 70 respectively. Clause 60(2) and 70(2) both provide that where the publication which includes the report in contravention of the restriction is a newspaper or periodical the proprietor, editor or publisher is guilty of an offence. A proprietor, editor or publisher who is within the reach of the UK courts and who includes a report in contravention of the restrictions is liable to be prosecuted in the appropriate UK jurisdiction. In normal circumstances it is to be expected that that would be in a court in England or Wales.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Thursday, 05 December 2002
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Current Status:
Answered by Jim Wallace on 17 December 2002
To ask the Scottish Executive, further to the answer to questions S1W-29277 and S1W-31448 by Mr Jim Wallace on 29 October and 3 December 2002 respectively, why the response to S1W-31448 was given by the Chief Executive of the Prison Service.
Answer
The response to question S1W-31448 was given by the Chief Executive of the Scottish Prison Service because it explained the nature of the operational and contractual matter to which question S1W-29277 referred and for which the agency is responsible.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Thursday, 31 October 2002
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Current Status:
Answered by Hugh Henry on 16 December 2002
To ask the Scottish Executive what the available capacity was of each Scottish Prison Service prison in each of the last five years.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:The available capacity for each of the SPS establishments, as at the end of each of the last five financial years, is listed in the following table:
| Establishment | 1997-98 | 1998-99 | 1999-2000 | 2000-01 | 2001-02 |
| Aberdeen | 128 | 163 | 163 | 155 | 155 |
| Barlinnie | 872 | 843 | 759 | 759 | 818 |
| Castle Huntly | 150 | 150 | 150 | 141 | 151 |
| Cornton Vale | 217 | 217 | 178 | 230 | 230 |
| Dumfries | 150 | 131 | 101 | 150 | 122 |
| Dungavel | 122 | 135 | 126 | - | - |
| Edinburgh | 472 | 637 | 597 | 533 | 578 |
| Glenochil | 667 | 668 | 656 | 663 | 630 |
| Greenock | 233 | 233 | 236 | 248 | 254 |
| Inverness | 107 | 107 | 108 | 108 | 108 |
| Kilmarnock | - | 20 | 500 | 548 | 548 |
| Longriggend | 157 | 171 | 176 | - | - |
| Low Moss | 396 | 396 | 396 | 399 | 345 |
| Noranside | 135 | 135 | 135 | 135 | 135 |
| Penninghame | 98 | 98 | - | - | - |
| Perth | 534 | 521 | 478 | 538 | 593 |
| Peterhead | 286 | 305 | 295 | 295 | 296 |
| Polmont | 420 | 422 | 422 | 422 | 422 |
| Shotts | 526 | 526 | 527 | 527 | 528 |
| Zeist | - | - | 6 | 6 | 6 |
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Thursday, 05 December 2002
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Current Status:
Answered by Jim Wallace on 13 December 2002
To ask the Scottish Executive, with regard to the division of responsibilities between the Deputy First Minister and Minister for Justice and the Chief Executive of the Scottish Prison Service, where it is unclear whether a parliamentary question refers to an operational or policy matter, what procedure is used to determine who should answer the question and who determines whether the question is on an operational or a policy matter.
Answer
Any such determination would be agreed between me and the Chief Executive on a case-by-case basis.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Thursday, 05 December 2002
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Current Status:
Answered by Jim Wallace on 13 December 2002
To ask the Scottish Executive, with regard to the division of responsibilities between the Deputy First Minister and Minister for Justice and the Chief Executive of the Scottish Prison Service (SPS), what definition is given to matters of (a) policy and (b) operation.
Answer
There are no formal definitions set out in the SPS Framework document; the normal sense of the terms "policy" and "operational and contractual" therefore apply. In general terms policy matters which, are for me, include setting key performance measures and deciding the allocation of funds to the SPS and operational and contractual matters, which are for the agency, include decisions on the management of its affairs and contractual relationships with other bodies.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Thursday, 17 October 2002
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Current Status:
Answered by Jim Wallace on 11 December 2002
To ask the Scottish Executive whether it will list each parcel of land that it owns whose value is currently included in the balance sheet of the Scottish Prison Service.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:
| Location | Number | Description |
| Angus | 1 | Feuhold plot |
| Clackmannanshire | 1 | Feuhold plot |
| Dumfries and Galloway | 1 | Feuhold plot |
| East Dunbartonshire | 1 | Grassland |
| Edinburgh | 1 | Grassland |
| Falkirk | 3 | Feuhold plots |
| Glasgow | 5 | Feuhold plots |
| North Lanarkshire | 4 | Feuhold plots |
| Perth and Kinross | 8 | Feuhold plots |
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 11 November 2002
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Current Status:
Answered by Jim Wallace on 11 December 2002
To ask the Scottish Executive, further to the answers to questions S1W-29901 and S1W-31083 by Mr Jim Wallace on 23 October and 8 November 2002 respectively, whether it will provide a table showing for each transfer of land from the Scottish Prison Service in the last five years (a) the location of each parcel of land transferred, (b) the date on which the land was transferred, (c) the value of the land transferred and (d) the price obtained where the land was transferred by sale
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:As stated in the previous answers, no land was transferred from the SPS in the last five years. Surplus land sold by the SPS is as follows.
| Location | Financial Year | Sale Price |
| Angus | 1997-98 | £500 |
| Aberdeenshire | 1997-98 | £32,000 |
| Inverclyde | 1998-99 | £21,000 |
| Aberdeenshire | 1998-99 | £2,000 |
| Aberdeenshire | 1998-99 | £42,000 |
| Falkirk | 1998-99 | £425,000 |
| Falkirk | 1998-99 | £205,000 |
| Falkirk | 2001-02 | £1,000 |
| Falkirk | 2001-02 | £7,000 |
In addition, land with buildings was sold by SPS as follows.
| Location | Land with Buildings | Financial Year | Sale Price |
| Various | Staff Quarters | 1997-98 | £360,210.50 |
| Various | Staff Quarters | 1998-99 | £186,477.50 |
| Various | Staff Quarters | 1999-2000 | £93,017.50 |
| Various | Garages | 1997-98 | £35,869.99 |
| Various | Garages | 1998-99 | £7,810 |
| Various | Garages | 1999-2000 | £38,060 |
| South Lanarkshire | Former HM Prison Dungavel | 2000-01 | £450,000 |
| Dumfries and Galloway | Former HM Prison Penninghame | 2000-01 | £275,000 |
| Various | Garages | 2000-01 | £4,850 |
| Various | Staff Quarters | 2001-02 | £32,465 |
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 26 November 2002
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Current Status:
Answered by Jim Wallace on 10 December 2002
To ask the Scottish Executive how many cases resulted in a sentence of three years or less for causing death by dangerous driving in each of the last five years.
Answer
In the years 1996-2000 a total of 11, 11, eight, 10 and three persons respectively received a custodial sentence of three years or less where the main charge was causing death by dangerous driving. Data for 2001 are expected to be available in December.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 26 November 2002
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Current Status:
Answered by Jim Wallace on 10 December 2002
To ask the Scottish Executive, further to the answer to question S1W-31454 by Mr Jim Wallace on 21 November 2002, when it expects its (a) detailed project plan and (b) timetable for the procurement of the new private-build, private-operate prison to be completed.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:The intention is that the new private-build, private-operate prison will become operational as quickly as possible. However, a timescale for completion of the detailed project plan and timetable for procurement of that prison has not been set, since the timing will depend on a decision yet to be taken on the site for that prison and thereafter on the obtaining of planning permission. The SPS do not anticipate publishing the detailed project plan and timetable.
