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While legislation relating tointellectual property is reserved, the Scottish Executive does provide ScottishSMEs with advice relating to the protection of intellectual property. The IntellectualAssets Centre, funded by the Scottish Executive, helps SMEs recognise, protect andexploit all of their intellectual assets, including intellectual property. The Executivealso provides impartial, confidential and free specialist advice to inventors andinnovative companies by funding the Innovator’s Counselling and Advisory Servicefor Scotland (ICASS). ICASS offers early stage advice on the commercial potentialof ideas.

I refer the member to the answer to question S2W-28986 on 7 November 2006. All answers to written parliamentary questions are available on the Parliament’swebsite, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

An evaluation of existing YouthCourts in Hamilton and Airdrie has now been completed. The Executive will publishthis, and announce a decision on the future of Youth Courts in the near future.

Patient confidentiality precludesthe disclosure of the risk management plan which contains clinical information.

A risk management plan is normallyprepared by the multi-disciplinary team which may include a Responsible MedicalOfficer, psychologist, social worker, nursing, and occupational therapist. The ScottishExecutive, housing officials and the police may be invited to contribute to therisk assessment process if appropriate

The Critical Incident Reviewbeing carried out by NHS Ayrshire and Arran will consider whether the plan was followed. Separately,we have appointed an inquiry panel to lookat the robustness of the risk management plan, the lessons learned from the CIRfollowing the abscond in May, and the decisions and events that led to the abscondand report to the Executive.

No.

Following the patient’s absconcionin May 2006 from Ailsa Hospital, an investigation into the circumstances were undertaken.As a consequence a number of recommendations were made covering areas such as: theward function, environment, and policies and procedures. The recommendations arebeing implemented and monitored through a supporting action plan.

Separately, we have appointed an inquiry panel to look at the robustnessof the risk management plan, the lessons learnt from the CIR following the abscondin May, the decisions and events that led to the abscond and report to the Executive.

Before taking any action, theProcurator Fiscal must be satisfied that the circumstances reported to him or herdisclose a crime known to the law of Scotland and that there is sufficient admissible and reliableevidence. The Procurator Fiscal cannot raise proceedings if there is insufficientevidence.

If there is sufficient evidence,the Procurator Fiscal will consider what, if any, action is required in the publicinterest. Decisions are based on the facts and circumstances of each case. Assessmentof the public interest will include consideration of such matters as the seriousnessof the offence, the lapse of time since its commission, the interests of the victimand other witnesses, factors relating to the accused and any relevant local communityissues. Regard must be had to the whole circumstances of the case as known to theProcurator Fiscal.

More generally, an Equality AdvisoryGroup providesindependent expert advice to the Crown Office and Procurator Fiscal Service onthe impact orlikely impact of its existing and future policies on equality issues, includingracial, religiousand cultural issues.

This is a matter for NHS Ayrshire and Arran.

The number of restricted patient absconds from Ailsa Hospital in the last five years is as follows:

2002 - 0

2003 - 0

2004 - 0

2005 - 0

2006 - 3.

The number of non-restricted absconds is not available centrally.

We have instructed Ayrshire andArran Health Board to conduct a Critical Incident Review, and report to us thismonth.

In addition, we will shortlyappoint an inquiry team which will consider the decisions and events that led tothe abscond and report to us on completion of their inquiry.