Seòmar agus comataidhean

No further local authorities have adopted formal litter plans since my response to question S1W-30208. The decision on whether to adopt a litter plan is one for the individual local authority.

The Scottish Executive and the Home Office jointly reviewed the Sex Offenders Act in 2000 and published the results in July 2001. That review concluded that there was no viable way of extending the act to offenders convicted before the legislation came into force, beyond the limited retrospection with respect to those serving relevant sentences on 1 September 1997.There are measures, however, to protect the public from sex offenders who have completed their sentences prior to 1997 but who continue to display risky behaviour. Chief constables can, for example, apply for a Sex Offender Order, which triggers notification and can place prohibitions on the individual.A number of changes to strengthen the existing sex offenders' regime are contained in the Sexual Offences Bill currently before the UK Parliament. No further changes to the retrospective element of the legislation are planned.

The available information is given in the following table. The data for 2002 are not expected to be available until the autumn of 2003.Prosecutions and Fines Imposed for Offences Under the Environmental Protection Act 1990 (as Main Offence), Scotland, 1998-2001

	1998	1999	2000	2001
All Offences1
Number of Prosecutions	55	44	24	34
Number with Charge Proved	53	36	20	32
Total Amount of Fines Imposed (£)	18,705	6,740	16,480	12,080
Offences Classified as Litter Offences2
Number of Prosecutions	41	30	14	27
Number with Charge Proved	39	23	11	26
Total Amount of Fines Imposed (£)	1,940	1,190	7,990	3,680

Notes:1. Excludes a small number of cases where the charge information available is not sufficiently detailed to identify the offence as being under the 1990 act.2. Under the Scottish Executive Justice Department classification of crimes and offences.

In 2000 and 2001, 14 and 27 persons respectively were proceeded against in Scottish Courts where the main offence was categorised as a litter offence under the Scottish Executive Justice Department's classification of crimes and offences. The data for 2002 are not expected to be available until the autumn of 2003.

The Executive has had sight of the three independent reports commissioned by Scottish Borders Council in respect of the "Miss X" case. The latest of these is the report written by Ms Anne Black, which was received by the Executive on 29 May 2003. I have asked the Chief Social Work Inspector to examine the documents and report back to me.

The task of monitoring any individual who poses a threat to local communities is taken extremely seriously by the police and by other agencies which have a responsibility. The measures available to the police include, for example, applying to the sheriff court for a Sex Offender Order which would seek to place restrictions on the actions of the individual in question. While it would be a matter for the relevant Chief Constable to determine the measures to be taken in each individual case, Lothian and Borders Police has already given assurances that it will undertake a full assessment in respect of Mr Cronin, should he return to the East Lothian area.

The Litter (Fixed Penalty) (Scotland) Order 2003, which will increase fixed penalty fines for littering from £25 to £50, was laid before Parliament on 5 June and will come into force on 1 July 2003.

Funding for the police in Scotland is at record levels and Lothian and Borders Police has substantial resources at its disposal. This year Lothian and Borders Joint Police Board set a budget of £159.8 million, an increase of £10.7 million over the budget set by the Joint Police Board for 2002-03. It is for the chief constable to make decisions on how the resources made available to him are used to meet local needs and priorities.

The private bill promoting the re-opening of the Stirling to Alloa to Kincardine railway line was introduced to Parliament in March this year. Subject to its successful passage, the project could be authorised for construction by summer 2004, with a view to running services by winter 2005-06.For the proposed re-opening of the Airdrie to Bathgate line, the Scottish Executive has made available £500,000 to West Lothian Council in order to fund a detailed engineering study into the scheme. We expect to receive the study's findings by spring 2004.

It is for local authorities to decide on how they provide day care services for individuals, in consultation with the users of those services and their carers. While day care centres may be one form of appropriate provision, service users are entitled to choice and services tailored to their needs. Achieving this can result in a move away from the provision of fixed services in day care centres and it would therefore be a retrograde step to consider statutory provision for funding of a form of day care which may not be every user's choice.