- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Thursday, 10 January 2002
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Current Status:
Answered by Lewis Macdonald on 24 January 2002
To ask the Scottish Executive whether it has inspected the vehicles used by BEAR Scotland Ltd to fulfil their obligations under the trunk roads maintenance contract in order to monitor whether the vehicles are fit for their purpose and whether the gritters used by them are able to, and do in practice, disperse sufficient quantities of grit.
Answer
The Trunk Road Maintenance Contracts require all gritters to be calibrated to ensure that they disperse the necessary quantities of salt. The Performance Audit Group has carried out audits on BEAR's winter operations, including winter maintenance vehicles, and these audits have confirmed that their vehicles have been calibrated to disperse the required quantities of salt.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Wednesday, 09 January 2002
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Current Status:
Answered by Jim Wallace on 23 January 2002
To ask the Scottish Executive, further to the answer to question S1W-15191 by Mr Jim Wallace on 23 April 2001, whether it has received a report from the Law Commission in respect of title to sue for non-patrimonial loss under the Damages (Scotland) Act 1976 and when it will bring forward proposals to the Parliament for reform of the Act.
Answer
The Executive expects to receive the Scottish Law Commission's report by the end of March. We will then consider whether any legislation is necessary in the light of the commission's recommendations.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Wednesday, 09 January 2002
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Current Status:
Answered by David Steel on 22 January 2002
To ask the Presiding Officer whether the Scottish Parliamentary Corporate Body will request that an Official Report be taken of the proceedings in any future Holyrood Progress Group question and answer sessions.
Answer
The Standing Orders stipulate that an Official Report shall be provided for all meetings of the Parliament. The question and answer sessions held by the Holyrood Progress Group are not formal meetings of the Parliament and it would not be appropriate, therefore, for an Official Report to be published.A summary of these sessions is provided in the Progress Group's Newsletters, which are issued to all Members and are available on the web. The next Newsletter is due to be published in February. I am also advised by the Convener of the Holyrood Progress Group that it is the Group's intention to provide a live webcast of future events.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Wednesday, 09 January 2002
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Current Status:
Answered by David Steel on 22 January 2002
To ask the Presiding Officer, further to his answer to question S1W-21034 on 3 January 2002, whether the Scottish Parliamentary Corporate Body will provide a list of the sub-contractors of Flour City Architectural Metals (UK) Ltd and a list of the sums of money claimed by each sub-contractor as due to them by Flour City.
Answer
The Scottish Parliamentary Corporate Body is not party to sub-contracts let by Flour City Architectural Metals (UK) Ltd and does not hold the information requested. This type of information is held by the official receiver.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Wednesday, 09 January 2002
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Current Status:
Answered by David Steel on 22 January 2002
To ask the Presiding Officer whether any losses to the Scottish Parliamentary Corporate Body following the insolvency of Flour City Architectural Metals (UK) Limited are considered to have arisen as a result of force majeure.
Answer
There have been no losses to the Scottish Parliamentary Corporate Body as a result of "force majeure", following the insolvency of Flour City Architectural Metals (UK) Limited.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Wednesday, 09 January 2002
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Current Status:
Answered by David Steel on 22 January 2002
To ask the Presiding Officer, further to his answer to question S1W-21035 on 3 January 2002, whether Flour City Architectural Metals (UK) Ltd used the Holyrood site as its business address.
Answer
As with all other trade package contractors taking occupation of the accommodation at the Holyrood site, Flour City Architectural Metals (UK) Ltd used the site address for business relating to the Holyrood Project.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Thursday, 23 August 2001
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Current Status:
Answered by Lewis Macdonald on 21 January 2002
To ask the Scottish Executive what the justification is for the proposed distribution of the surplus of #250 million from the Scottish Transport Group Pension Schemes and whether part of the distributed surplus is to be used for a contingency fund in respect of indemnities against the risk of legal action based on the actions of trustees and, if so, whether in the event that there are no successful claims against that contingency fund, it will be the subject of a subsequent distribution to Scottish Transport Group pensioners.
Answer
Upon wind-up the two Scottish Transport Group pension fund schemes are liable to taxation which is payable to the Inland Revenue. As I announced in Parliament on 29 November agreement has been reached between the Scottish Executive and UK Government that up to £118 million of any sums remaining should now be paid out to members of the Scottish Transport Group Pension Schemes by means of ex-gratia payments. These are sums, payable as a lump sum rather than as an addition to pensions, which members of the schemes would not have otherwise been due under the rules which govern the pension schemes. Scottish ministers will distribute the ex-gratia payments as soon as possible after the pension schemes' trustees have discharged their obligation to wind-up the pension schemes. There is no intention that any part of sums paid to the Inland Revenue or HM Treasury, or retained by Scottish ministers to be used in making ex-gratia payments, will be used for a contingency fund against potential legal action.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Thursday, 06 December 2001
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Current Status:
Answered by Allan Wilson on 21 January 2002
To ask the Scottish Executive whether it will not afford any assistance to MSPs, in particular with the drafting of amendments, in respect of Stage 3 of the Protection of Wild Mammals (Scotland) Bill.
Answer
Generally, the Executive does not provide assistance to MSPs in respect of the drafting of amendments on Private Members Bills. In this instance, the Executive is providing limited assistance on technical matters. All MSPs are free to seek assistance from the Committee Clerk in preparing amendments to the Bill.In response to a question from the Convenor of the Rural Development Committee, (Official Report, 4 December, Col 2576) I said that the Executive would work with you to agree an amendment which defined pest species covered by the Bill. That offer remains available to you.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Thursday, 20 December 2001
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Current Status:
Answered by Ross Finnie on 17 January 2002
To ask the Scottish Executive what investigations it has made into the importance to the rural economy of the continuation of commercial businesses that depend and rely on access to land, such as instructors and guides for rambling, mountaineering or other outdoor pursuits; whether exclusion from access rights under the Land Reform (Scotland) Bill in respect of the activities of such businesses would be damaging to the economy, and whether the drafting of the bill, and in particular of section 9 (2) (a), is intended to result in such exclusion.
Answer
We recognise the important contribution made by commercial businesses based on outdoor activities to the Scottish economy as a whole and the rural economy in particular. There is no reason why such businesses should not continue to operate as at present following enactment of the Land Reform (Scotland) Bill. The bill will not diminish any existing rights nor will the fact that an activity is not included within the new access rights mean that it cannot continue as at present. In principle we do not consider it appropriate to provide commercial businesses with a statutory right to use another persons land for their own profit. It is for that reason that we have included section 9 (2)(a) in the bill. The effect of this provision is that the position of commercial businesses in relation to access is unchanged by the bill. In other words, they can continue to have access to land for the purpose of their business, as now, with the consent of the landowner (whether express or implied).Guidance on access by commercial businesses will be set out in the Scottish Outdoor Access Code following consultation with all interested parties.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Thursday, 20 December 2001
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Current Status:
Answered by Lewis Macdonald on 17 January 2002
To ask the Scottish Executive, further to the answer to question S1W-19934 by Lewis MacDonald on 19 December 2001, whether any default notices have been issued to BEAR (Scotland) Ltd; if so, whether it will give details of each such notice and place copies of them in the Scottish Parliament Information Centre, and whether any default notices have been or will be issued in respect of any failure of BEAR (Scotland) Ltd to maintain the A9 in a safe condition on the evening of 4 December and early morning of 5 December 2001.
Answer
Default notices have been issued to BEAR Scotland Ltd in respect of management and operational issues relating to trunk roads. Default notices may impinge on contractual and commercial obligations. Consequently it would not be appropriate to place them in the Parliament's Reference Centre.BEAR's winter maintenance operations on the A9 on the evening of 4 December and early morning of 5 December 2001 have been investigated. There is nothing to suggest that the Operating Company did not meet its contractual obligations and consequently there are no plans to issue a default notice in this regard.