- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Thursday, 20 September 2001
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Current Status:
Answered by Rhona Brankin on 4 October 2001
To ask the Scottish Executive whether it has issued a consultation paper on the disbursement of funds to local authorities for the development of proposals designed to ensure compliance with the terms of the EU landfill directive; if so, to whom this paper has been issued, and, if this does not include local authorities, whether it intends to consult local authorities on this issue.
Answer
A guidance document for local authorities on the operation of the Strategic Waste Fund (SWF) is currently being prepared. The SWF is for local authorities to implement the findings of Area Waste Plans which are being developed as part of the National Waste Strategy: Scotland. The plans should include measures to comply with the EU landfill directive. An initial draft of the guidance document has been discussed with the Scottish Environment Protection Agency and Convention of Scottish Local Authorities Waste Advisers. It is intended that an amended draft be issued to all local authorities for comment.
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Monday, 20 August 2001
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Current Status:
Answered by Nicol Stephen on 25 September 2001
To ask the Scottish Executive what assessment it has made of the impact that the Disability Discrimination Act 1995 has had or will have in relation to parents' ability to choose which mainstream school they wish their disabled child to attend.
Answer
The application of the Disability Discrimination Act to education does not take effect until September 2002. The Act will increase the availability of educational opportunities and the choices for parents of school age children.
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Monday, 20 August 2001
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Current Status:
Answered by Nicol Stephen on 25 September 2001
To ask the Scottish Executive what guidance has been given to local authorities about the extent to which parents of a disabled child may choose the mainstream school that they wish their child to attend.
Answer
The Scottish Executive has not issued any specific guidance on the extent to which parents of a disabled child may choose the mainstream school that they wish their child to attend. Parents of any child are entitled to make a placing request to their education authority as regards the school to be attended by their child. Placing requests for disabled children, in common with all other children, have to be considered under the framework in the Education Act 1980 (as amended), and education authorities can turn down those requests only for reasons set out in the legislation.
However, section 15 of the Standards in Scotland's Schools Etc Act 2000 includes a requirement for education authorities to provide for all children in mainstream schools, except in certain specified circumstances. The Scottish Executive is currently preparing guidance for local authorities on this presumption in favour of mainstreaming.
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Friday, 07 September 2001
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Current Status:
Answered by Jim Wallace on 21 September 2001
To ask the Scottish Executive whether it intends to respond to the consultation paper Tribunals for Users published by the Lord Chancellor's Department on 16 August 2001.
Answer
The Executive does not plan to issue a formal response to the consultation paper. Officials will, however, continue to discuss with relevant officials in the Lord Chancellor's Department, arrangements for taking forward consideration of the policy options and issues arising from the Leggatt Report. The purpose of this contribution will be to ensure that whatever proposals for change ultimately emerge serve the needs of the people of Scotland and are consistent with the principles of the Scottish civil justice system.
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Friday, 07 September 2001
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Current Status:
Answered by Jim Wallace on 21 September 2001
To ask the Scottish Executive what plans it has to review the operation of civil legal aid.
Answer
The operation of civil legal aid and its interaction with other parts of the justice system are kept under constant review. Necessary changes to the scheme, whether by primary or subordinate legislation, are presented to the Scottish Parliament for consideration and approval. The financial limits are generally increased on an annual basis in line with benefits increases.I await with interest the forthcoming report of the Justice Committee 1 into legal aid and will consider any proposals for change that the committee may recommend.
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Friday, 07 September 2001
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Current Status:
Answered by Jim Wallace on 21 September 2001
To ask the Scottish Executive how many applications there were for civil legal aid in each of the last five years and how many applications were granted in each of these years.
Answer
A detailed analysis of the applications for civil legal aid in each year is set out in the Annual Report of the Scottish Legal Aid Board. The board's report for 2000-01 was laid before the Parliament on 18 July.
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Friday, 07 September 2001
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Current Status:
Answered by Jim Wallace on 21 September 2001
To ask the Scottish Executive whether it intends to carry out a review of Scottish tribunals which operate in devolved areas.
Answer
There are at present no plans to conduct such a review.
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Friday, 07 September 2001
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Current Status:
Answered by Jim Wallace on 21 September 2001
To ask the Scottish Executive what plans it has to review the eligibility rules for civil legal aid.
Answer
I have no plans to change the three tests set out in the Legal Aid (Scotland) Act 1986, namely probabilis causa, financial eligibility and reasonableness. The detailed financial tests are generally uprated annually in line with changes in social security benefits
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Friday, 07 September 2001
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Current Status:
Answered by Iain Gray on 21 September 2001
To ask the Scottish Executive what plans it has to review civil legal aid remuneration rates for solicitors.
Answer
My officials are presently in preliminary discussions with the Law Society of Scotland about civil legal aid remuneration.
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Friday, 07 September 2001
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Current Status:
Answered by Jim Wallace on 21 September 2001
To ask the Scottish Executive what input it had to the review of tribunals recently undertaken by Sir Andrew Leggett.
Answer
The review undertaken by Sir Andrew Leggatt dealt primarily with Tribunals operating in reserved areas. Officials of the Scottish Executive maintained contact with the Lord Chancellor's Department throughout the review process. They contributed information and advice to the review team about tribunals operating in reserved areas in Scotland, and the need to take account of the distinctive nature of the Scottish civil justice system.