- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Wednesday, 18 December 2002
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Current Status:
Answered by Jim Wallace on 13 January 2003
To ask the Scottish Executive, further to the answer to question S1W-32365 by Mr Jim Wallace on 17 December 2002, whether it will be an offence in Scotland under clauses 59 and 69 of the Criminal Justice Bill for an internet service provider providing a service in Scotland to allow for the downloading of material from a foreign server that breaches the reporting restrictions contained in those clauses.
Answer
In Scotland, the police, the Crown Office and the Procurator Fiscal Service are responsible for dealing with suspected offences. If the provisions on reporting restrictions in the Criminal Justice Bill are enacted it would be for the Crown Office and Procurator Fiscal Service, where the police report alleged offences, to determine whether prosecution was appropriate, taking into account all relevant factors.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Wednesday, 18 December 2002
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Current Status:
Answered by Jim Wallace on 13 January 2003
To ask the Scottish Executive, further to the answer to question S1W-32366 by Mr Jim Wallace on 17 December 2002, whether courts have any power to prevent the importation of a print publication from the European Union or its distribution where it includes a report in contravention of the reporting restrictions in clauses 59 or 69 of the Criminal Justice Bill.
Answer
The Criminal Justice Bill does not include powers to prohibit the importation of material containing a prohibited report contrary to the reporting restrictions in clauses 59 and 69. As indicated in the answer to question S1W-32366, it is the proprietor, editor or publisher of the print publication who would be liable for any breach of the restrictions.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Wednesday, 18 December 2002
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Current Status:
Answered by Jim Wallace on 13 January 2003
To ask the Scottish Executive, further to the answer to question S1W-32366 by Mr Jim Wallace on 17 December 2002, what is meant by "normal circumstances" in addition to prosecutions under clauses 59 and 69 of the Criminal Justice Bill.
Answer
It is anticipated that print publications from other states of the European Union would be imported on a UK-wide basis. As any breach of reporting restrictions would relate to criminal proceedings in England and Wales, it would normally be that enforcement would be through courts in that jurisdiction.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Thursday, 19 December 2002
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Current Status:
Answered by Hugh Henry on 13 January 2003
To ask the Scottish Executive, further to the answer to questions S1W-25983 and S1W-32018 by Mr Jim Wallace on 29 May and 10 December 2002 respectively and with regard to document Bib. number 25435 in the Scottish Parliament Information Centre, why no serious injury assault on a staff member at HM Prison Kilmarnock is recorded for the first quarter of performance year 4.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:The incident to which the answer to question S1W-25983 referred is being investigated by the police. Should that investigation result in a prosecution and conviction, the relevant number of performance points will be recorded Schedule F to the Contract defines that, for Performance points purposes, all assaults must be proven on adjudication or by criminal conviction for violence against the person.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Thursday, 19 December 2002
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Current Status:
Answered by Hugh Henry on 13 January 2003
To ask the Scottish Executive, further to the answer to question S1W-25983 by Mr Jim Wallace on 29 May 2002, whether the assault reported in the Metro of 15 May 2002 will be counted towards the key performance indicators of the Scottish Prison Service relating to serious assaults on staff in the year 2002-03 and what the reasons are for the position on the matter.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:Yes. The incident met the criteria.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 17 December 2002
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Current Status:
Answered by Ross Finnie on 10 January 2003
To ask the Scottish Executive on what date it plans to bring the provisions of the Land Reform (Scotland) Bill into force.
Answer
We are on track to implement most of the provisions of the Land Reform Bill in 2003, provided it completes its remaining parliamentary stages before the end of the session. Secondary legislation is required before the bill provisions can be fully implemented. Decisions about implementation after the election will be a matter for the new administration.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 13 December 2002
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Current Status:
Answered by Jim Wallace on 10 January 2003
To ask the Scottish Executive, further to the answer to question S1W-31637 by Mr Jim Wallace on 2 December 2002, whether there is any difference in the fixed fees, as defined in Ga and Gb in paragraph 6 of schedule E to the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Limited for the Design, Construction, Management and Financing of a Prison at Kilmarnock, between a single additional prisoner place in band A being occupied and all additional prisoner places in band A being occupied.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:No.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 13 December 2002
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Current Status:
Answered by Hugh Henry on 10 January 2003
To ask the Scottish Executive, further to the answer to question S1W-32017 by Mr Jim Wallace on 10 December 2002, what projections it has of the number of unfit places in the prisons estate in (a) 2006-07, (b) 2007-08, (c) 2008-09 and (d) 2009-10.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:As I indicated in the answer given to question S1W-32017, and previously in response to question S1W-29749 on 7 October 2002, the number of prisoner places available in future years, with and without access to night sanitation, will depend on when new places become available and when it is possible to make temporary closures for upgrading other places. These decisions depend on a number of factors outside SPS's direct control including future trends in the prisoner population and the timing and outcome of planning applications for new places. It is therefore not possible to make accurate projections beyond those given in the answer given to question S1W-32017.All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/search_wa.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 13 December 2002
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Current Status:
Answered by Hugh Henry on 3 January 2003
To ask the Scottish Executive on what dates a written notice has been given under section 34.1 of the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Limited for the Design, Construction, Management and Financing of a Prison at Kilmarnock requiring the contractor to provide additional prisoner places; how many such places have been required, and what period of notice was given in each case.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:
| Date of Notice | Number of Additional Prisoner Places | Period of Notice |
| 21 June 2000 | 48 | 4.5 months |
| 13 November 2000 | 48 | 3 months |
| 26 February 2001 | 48 | 3 months |
| 31 May 2001 | 48 | 3 months |
| 7 September 2001 | 48 | 3 months |
| 5 December 2001 | 48 | 6 months |
| 29 May 2002 | 48 | 6 months |
| 1 November 2002 | 192 | 12 months |
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 13 December 2002
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Current Status:
Answered by Hugh Henry on 3 January 2003
To ask the Scottish Executive how many additional prisoner places, as defined in section 34 of the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Limited for the Design, Construction, Management and Financing of a Prison at Kilmarnock, have been recorded in the daily report for every day of the operation of the prison.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:Fotry-eight additional prisoner places have been available each day since July 2000.
