Seòmar agus comataidhean

The draft Land Reform (Scotland) Bill was the subject of extensive consultation with a wide range of interests in the course of 2001. I refer the member to the answer given to question S1W-21336 on 17 January 2002, concerning the purpose of Section 9 (2)(a) of the Land Reform (Scotland) Bill.

The contract with Flour City Architectural Metals (UK) Ltd specified that a Performance Bond should be provided within 10 working days of the contract being completed as a deed. The contract was signed on 1 August 2001 and the Performance Bond was therefore requested by 15 August 2001.The Performance Bond should have covered 10% of the full contract value in the event that Flour City Architectural Metals (UK) Ltd were unable to fulfil their contract obligations.Verbal requests to the contractor for provision of a Performance Bond were made, initially, by the Construction Managers, Bovis Lend Lease (Scotland) Limited, by telephone and at package meetings. This was followed by the issue of a Notice Of Failure, specifically referring to the failure to provide a Performance Bond, on 30 August 2001 by the Holyrood Project Team. Ultimately, stipulations were also made at meetings with the President and Chairman of Flour City International Inc. by the Holyrood Project Team. This activity all took place between June and October 2001.

Publication and timing of publication of the Report and Accounts for both Scottish Transport Group pension schemes, which detail the scheme balances, are matters for the Trustees. The Scottish Transport Group Accounts for the year ended 31 March 2001, which will include a reference to the net surplus in the pension schemes, were presented to the Scottish Parliament on 14 December 2001. No estimates have been made by the Executive of the funds as at 31 March 2002.Under the rules of the schemes the sums remaining in the pension schemes on wind-up fall to the UK Exchequer. As I announced in the Parliament on 29 November, Scottish ministers have secured for distribution the full amount of the estimated increase in the net surplus between 31 March 2000 and 31 March 2001, an additional £18 million, by agreement with Treasury Ministers.

The criteria used by the Scottish Executive in determining speed limits on trunk roads are set out in Scottish Office Industry Department Circular 1/93, copies of which are available in the Parliament's Reference Centre (Bib. number 17782). Requests and representations for reductions in speed limits are considered in accordance with the criteria. The Executive commends the use of the criteria to local roads authorities for application to decisions concerning speed limits on local roads. It is, however, for each authority to decide whether or not to apply the criteria in any particular case.On 17 August 2001 the Executive issued revised guidance to local authorities on 20 mph speed limits. Scottish Executive Development Department Circular 6/2001, copies of which are available in the Parliament's Reference Centre (Bib. number 17781), provides advice on the setting of mandatory and advisory 20 mph speed limits.

Under the terms of the Civil Service Order in Council 1995 as amended by the Civil Service (Amendment) Order in Council 1999, which is still in force, up to 12 special advisers can be appointed by the First Minister. There are no current plans to change that order.

In accordance with the terms of their employment, special advisers are entitled to a severance payment in the event of termination of employment without notice. The amount of entitlement is currently calculated as follows:Advisers whose appointment is terminated within six months of appointment receive one month's salary regardless of age.Advisers under age 34 when appointment terminates receive three months salary.Advisers aged 34 on termination of appointment receive a severance payment at a rate half-way between three months' pay and the appropriate over 35 rate.Advisers aged 35 or over receive three months pay if appointment terminates during the first year of service and thereafter an extra one month's pay for each completed year of service after the first, subject to a maximum of six months' pay.

The contract of employment for special advisers states that in certain circumstances Advisers should obtain the agreement of the Crown before accepting any offer of employment outside the civil service which would start within two years of leaving Crown employment. In common with other members of the public, there is nothing to prohibit former special advisers from applying for an appointment to a public body. All such appointments are made on merit after a fair, open and transparent process, which is subject to independent scrutiny.

I understand that the Report and Accounts of the Scottish Transport Group pension schemes for the year ended 31 March 2000 were published by the trustees prior to 18 December 2000. Publication and timing of publication is a matter for the trustees.It would be inappropriate to provide information which would harm the frankness and candour of discussion and advice, including the proceedings of Scottish Cabinet.

The additional £18 million secured by Scottish ministers for distribution to former members of the Scottish Transport Group pension schemes represents the estimated increase in the surplus of the schemes to 31 March 2001 of some £8 million; the remainder of the additional distribution of some £10 million is as a result of tax changes.

We have put in place an independent committee, led by Sheriff Principal Nicholson, to carry out a fundamental review of Scotland's liquor licensing law and practice. The committee has received submissions on this issue. The committee is expected to report early in 2003 and we await its recommendations.