- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
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Date lodged: Friday, 28 September 2001
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Current Status:
Answered by Jim Wallace on 12 October 2001
To ask the Scottish Executive what calls were made upon retired judges for sittings of the supreme courts in the year up to 31 August 2001 and the two previous years.
Answer
Retired judges sat on the following number of days:
Calendar Year 1999 | 299 days |
Calendar Year 2000 | 456 days |
01 January 2001 to 31 August 2001 | 215 days |
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
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Date lodged: Friday, 28 September 2001
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Current Status:
Answered by Jim Wallace on 12 October 2001
To ask the Scottish Executive how many civil proofs could not proceed for want of a judge per term week in the Outer House of the Court of Session in the year up to 31 August 2001 and the two previous years.
Answer
The information sought is not readily available in term weeks, and the collated statistics for 1999-2000 do not identify civil proofs, but show all civil hearings unallocated. The following table shows (a) for 1999-2000 all civil hearings which did not settle and could not proceed owing to lack of judicial time and (b) for 2000-01 all civil proofs which did not settle and which could not proceed owing to the lack of judicial time.
| | 1999-2000 (all Outer House hearings unallocated) | 2000-01 (civil proofs unallocated) |
April | 0 | 0 |
May | 0 | 0 |
June | 0 | 3 |
July | 0 | 0 |
August | 0 | 0 |
September | 2 | 3 |
October | 2 | 2 |
November | 10 | 0 |
December | 1 | 3 |
January | 0 | 0 |
February | 0 | 0 |
March | 0 | 0 |
Total | 15 (all types) | 11 (proofs) |
No civil proofs have fallen for want of available judicial time during the period 01.04.2001 and 31.08.2001
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
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Date lodged: Friday, 28 September 2001
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Current Status:
Answered by Jim Wallace on 12 October 2001
To ask the Scottish Executive what assessment has been made of the implications for the business and judicial resources of the supreme courts of Senators taking up public duties on UK bodies or outwith Scotland.
Answer
The loss of a judge or judges to public duties elsewhere in the UK or abroad is one of the factors which the Lord President will take into account in planning the supreme court programme. In the case of lengthy absences additional resources may be provided, recent examples of this being the trial of the Lockerbie bombing suspects and the Ladbroke Grove Rail Disaster Inquiry. The absence of the judges concerned led directly to an increase in the complement from 27 to 32.
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
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Date lodged: Friday, 28 September 2001
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Current Status:
Answered by Jim Wallace on 12 October 2001
To ask the Scottish Executive what the average waiting period was for (a) a civil appeal, other than those sent for early disposal and (b) a solemn conviction appeal in the year up to 31 August 2001 and the two previous years.
Answer
| Civil Appeal |
1999-2000 | 31 term weeks |
2000-2001 | 33 term weeks |
01.04.2001 to 31.08.2001 | 32 term weeks |
Solemn Conviction |
1999-2000 | 18 term weeks |
2000-2001 | 20 term weeks |
01.04.2001 to 31.08.2001 | 22 term weeks |
Term weeks do not include periods when the Court is not in session.
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
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Date lodged: Friday, 28 September 2001
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Current Status:
Answered by Jim Wallace on 12 October 2001
To ask the Scottish Executive what progress is being made in establishing a College of Justice which is more "reflective of the diversity of society" as set out in Judicial Appointments: An Inclusive Approach and, in particular, in ensuring that there is an increase in the appointment of women and others from non-traditional backgrounds to Senators of the College.
Answer
In March I announced the Executive's plans to establish an independent Judicial Appointments Board to advise the First Minister on the appointment of Judges of the Court of Session, Sheriffs Principal and Sheriffs. The board's remit will include an invitation to encourage more applications from female and ethnic minority candidates at all levels. Public advertisements for the Chairman and the lay membership of the board are being placed this month and the board should start operations early next year.
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
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Date lodged: Friday, 28 September 2001
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Current Status:
Answered by Jim Wallace on 12 October 2001
To ask the Scottish Executive what the average availability of Outer House judges per term week was for (a) four day proofs and (b) business in the Outer House of the Court of Session in the year up to 31 August 2001 and the two previous years.
Answer
The information sought is not readily available. The average number of judges sitting each week in the Outer House during term is as follows:
1999-2000 | 8 |
2000-2001 | 8 |
01.04.2001 to 31.08.2001 | 9 |
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
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Date lodged: Thursday, 27 September 2001
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Current Status:
Answered by Wendy Alexander on 11 October 2001
To ask the Scottish Executive whether it will detail, for the period since November 1999, the numbers, grades, salaries and career experience of staff appointed to the Improving Regulation in Scotland unit and the annual running costs of the unit.
Answer
Since November 1999, the Improving Regulation in Scotland (IRIS) Unit has been overseen by one member of the senior civil service and run by one C1 and one B2, supported where necessary by further B2, B1 and administrative (Band A) staff. The running costs of the Unit are contained within those of the Enterprise and Industry Division, which for 2001-02 totals £881,921. Before being involved in the running of the Unit, staff must show they have the correct skills and experience for the task to which they are assigned.
Current pay ranges for these posts are:
SCS | £53,534 - £87,598 |
C1 | £34,000 - £43,699 |
B2 | £18,375 - £24,282 |
B1 | £14,178 - £20,647 |
A3 | £11,495 - £14,466 |
A2 | £10,735 - £12,813 |
A1 | £10,000 - £11,625 |
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
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Date lodged: Thursday, 27 September 2001
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Current Status:
Answered by Wendy Alexander on 11 October 2001
To ask the Scottish Executive what consultations have taken place since November 1999 between the Improving Regulation in Scotland unit and the Department of Trade and Industry on removing unnecessary burdens on business and what the results of any such consultations have been.
Answer
The Improving Regulation in Scotland unit has regular discussions with a number of Whitehall departments and in particular with Cabinet Office, which has responsibility for improving regulation at a UK level. Details of official level discussions within government are internal matters for the parties concerned.
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
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Date lodged: Thursday, 27 September 2001
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Current Status:
Answered by Wendy Alexander on 11 October 2001
To ask the Scottish Executive which regulations have been identified by the Improving Regulation in Scotland unit as either (a) being no longer necessary or (b) capable of simplification.
Answer
Further to the answer to S1W-18582, the Improving Regulation in Scotland unit has not identified any regulations as no longer necessary.
The review of planning procedures is one example of the Scottish Executive taking steps to improve and simplify an area of particular relevance to businesses. All regulations introduced since devolution will be subject to formal review within 10 years of introduction through a Review Regulatory Impact Assessment.
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
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Date lodged: Thursday, 27 September 2001
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Current Status:
Answered by Wendy Alexander on 11 October 2001
To ask the Scottish Executive which of its regulatory practices have been audited and evaluated by the Improving Regulation in Scotland unit since November 1999 and what the results were of any such audit and evaluation.
Answer
The Improving Regulation in Scotland unit can make the most telling contribution by ensuring that the Scottish Executive takes fully into account the need for all regulations to be proportionate and fit for purpose. With this aim, the unit has assisted Scottish Executive Departments in the development of over 70 regulations and the drafting of Regulatory Impact Assessments that have been produced for each. The most important evaluation of regulations and regulatory practices, so far as the IRIS Unit is concerned, is that done by businesses themselves. Over 170 enquiries and complaints have been referred to the Unit to date. Of these, 67 related to reserved matters, 40 to devolved matters and 65 did not refer to specific policy areas but rather to regulatory mechanisms and principles for attention by the Scottish Executive and the UK Government. The comments made to the Unit seldom refer to any individual regulation, but the areas which give rise to the greatest number of concerns are: that the development of policy should involve more consideration of the impact on business; and difficulties with employment regulations and trading standards and their application. These comments have been discussed with the departments responsible and progress on these and other issues will be pursued by the IRIS Unit.
