- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Monday, 22 July 2002
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Current Status:
Answered by Jim Wallace on 19 August 2002
To ask the Scottish Executive with what on-going training programmes sheriffs are required to comply.
Answer
Training is not compulsory although the practice is for all new members of the Judiciary to attend induction training at the time of their first appointment. Training programmes are organised and run by the independent Judicial Studies Committee which is funded by my department. The programme has been extended in recent years to include refresher training for experienced people and I am advised that substantial numbers of sheriffs attend training events.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Monday, 22 July 2002
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Current Status:
Answered by Jim Wallace on 19 August 2002
To ask the Scottish Executive how litigants may make representations in respect of the conduct of a sheriff who they feel has not competently handled the case.
Answer
It is open to parties in a case to appeal against a decision of a sheriff to a higher court. If litigants wish to register a complaint about the actings of a sheriff they may write to the Sheriff Principal of the relevant sheriffdom or to the Judicial Appointments Division of the Scottish Executive Justice Department, Hayweight House, 23 Lauriston Street, Edinburgh EH3 9DQ.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 1 July 2002
To ask the Scottish Executive whether it has undertaken or commissioned any research into the likely effect on salmon fishings of the existence of the provisions to acquire salmon fishings compulsorily in Part 3 of the Land Reform (Scotland) Bill and, if so, whether it will publish this research.
Answer
No such research has been undertaken or commissioned by the Scottish Executive nor do we believe such research is needed. We are satisfied that any temporary uncertainties created by those who oppose the legislation will be resolved once the legislation is enacted. Once the minimal risks to owners are properly understood, the market will ensure that there is no long-term impact.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 05 June 2002
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Current Status:
Answered by Ross Finnie on 19 June 2002
To ask the Scottish Executive what compensation will be paid to the owners of salmon fishings, sporting rights and mineral rights for any immediate losses in the market value of their holdings as a consequence of the absolute right to buy under Part 3 of the Land Reform (Scotland) Bill.
Answer
The Scottish Executive does not accept that the implementation of legislative provisions for a crofting community right to buy as proposed in Part 3 of the Land Reform (Scotland) Bill will have an adverse impact on the market value of salmon fishings, sporting rights and mineral rights. Consequently we have no plans to pay compensation to owners of such holdings.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 28 May 2002
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Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what representations it has received in relation to the creation of a parallel link road for local traffic between Middlebank and Inchture to connect with the flyover under construction at the Inchture Junction on the A90.
Answer
Six expressions of support for the link road have been received.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 28 May 2002
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Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what the cost of constructing a parallel link road between Middlebank and Inchture with the flyover under construction at the Inchture Junction of the A90 will be and whether the cost will be higher than the cost would be if the link road were constructed at the same time as the flyover is constructed.
Answer
This situation did not arise as the additional statutory road and compulsory purchase orders required for a link road to Inchture are not in place.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 28 May 2002
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Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what account it took of the views expressed by its public inquiry reporter on the creation of a parallel link road for local traffic between Middlebank and Inchture to connect with the flyover at the Inchture Junction on the A90 when it took the decision not to proceed with the construction of the link road at the same time as the flyover is constructed.
Answer
In their decision letter following the Public Inquiry, Scottish ministers accepted the reporter's recommendation to give early consideration to funding the option of extending the link road through to Inchture Interchange. Due to higher priorities on the A90 and elsewhere on the trunk road network it has, to date, not proved possible to accommodate the link road in the current programme.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 10 June 2002
To ask the Scottish Executive how many responses to its consultation paper, Draft Land Reform (Scotland) Bill expressed (a) support for, and (b) opposition to, the provisions in Part 3 of the Land Reform (Scotland) Bill for the compulsory purchase of salmon fishings, and which bodies expressed such support or opposition.
Answer
All the non-confidential responses to the consultation on the draft Land Reform (Scotland) Bill are available in the Parliament's Reference Centre. The consultation was not a referendum on any particular bill provision but rather sought views on the bill as a whole. Most considered responses were qualitative in nature and did not express outright support or opposition to any particular proposals.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive why it considers it necessary to include salmon fishings within the provisions of compulsory purchase in Part 3 of the Land Reform (Scotland) Bill when it believes that the provisions will rarely be exercised in relation to salmon fishings.
Answer
We believe that there are advantages to be derived from being able to manage all land-based activities on a property in a holistic fashion. We consider that crofting communities should have that opportunity if they want it. The very existence of this right to buy is also a significant factor in altering the balance of power between the crofting community and landowners, including proprietors of salmon fishings.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive why the Minister for Justice considered that the Land Reform (Scotland) Bill was within the legislative competence of the Parliament, and therefore compatible with European convention on human rights (ECHR), given that part 3 of the bill includes provisions to expropriate compulsorily salmon fishings.
Answer
The Scottish Executive has been aware from the outset that many of the provisions in the Land Reform (Scotland) Bill would require to be carefully formulated to comply with the European Convention on Human Rights. Ministers consider that the provisions in the bill, including those relating to the acquisition of salmon fishings, achieve that outcome, and there are no grounds on which it could successfully be argued that there is incompatibility with the convention.
