- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 06 November 2001
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Current Status:
Answered by Iain Gray on 20 November 2001
To ask the Scottish Executive what shrieval appointments have been made in each year since l997 of any individuals known to have been members of (a) the Scottish National Party, (b) the Labour Party, (c) the Conservative and Unionist Party (d) the Liberal Democrats or (e) any other political party.
Answer
This information is not collected from candidates for judicial appointments.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Friday, 02 November 2001
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Current Status:
Answered by Ross Finnie on 16 November 2001
To ask the Scottish Executive whether it will make representations to the European Commission in opposition to the draft Physical Agents Directive on vibration and place copies of any such representations in the Scottish Parliament Information Centre or, if it will not make direct representations, whether it will make such representations to Her Majesty's Government and place copies of these in the Scottish Parliament Information Centre.
Answer
The Scottish Executive has no functions in relation to the Health and Safety implications in the proposed European Commission's Physical Agents Directive. Therefore representations to the European Commission will be a matter for the UK Government.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Monday, 12 November 2001
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Current Status:
Answered by Jim Wallace on 15 November 2001
To ask the First Minister whether the Scottish Executive has confidence in the ability of BEAR Scotland Ltd to fulfil its obligations in maintaining and keeping clear roads in the north of Scotland.
Answer
All the private sector companies responsible for trunk road maintenance need to demonstrate that their arrangements meet the detailed and exacting requirements set out in their contracts.Contractors' performance is reviewed and monitored continuously by the Performance Audit Group who report to the Scottish Executive. If the contractors fail to perform there are a range of sanctions that the Scottish Executive could take.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Wednesday, 07 November 2001
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Current Status:
Answered by Neil Davidson on 15 November 2001
To ask the Scottish Executive whether it will re-consider its decision that the local Procurator Fiscal carry out a re-investigation into the death of Neil Gillies on 24 December 1999, and instruct that the investigation be carried out by a Procurator Fiscal from another area.
Answer
Decisions as to the investigation of deaths are taken independently by the Lord Advocate. It is for the Lord Advocate to determine which of his officials carries out an investigation.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 30 October 2001
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Current Status:
Answered by Rhona Brankin on 13 November 2001
To ask the Scottish Executive how much it has cost Scottish Natural Heritage to manage Rum in each year since April 1992.
Answer
This is a matter for Scottish Natural Heritage. The information requested is not held centrally.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 30 October 2001
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Current Status:
Answered by Rhona Brankin on 13 November 2001
To ask the Scottish Executive whether its policy on community ownership extends to property owned by Scottish Natural Heritage and, in particular, to the communities on Rum.
Answer
The Scottish Executive's proposals, contained in the draft Land Reform Bill which provides for a community right to buy, extend to the whole of rural Scotland, including property owned by Scottish Natural Heritage.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 30 October 2001
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Current Status:
Answered by Alasdair Morrison on 13 November 2001
To ask the Scottish Executive whether it has received any representations from Mallaig Community Council supporting the appointment of a Minister for Tourism.
Answer
Yes.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 30 October 2001
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Current Status:
Answered by Rhona Brankin on 13 November 2001
To ask the Scottish Executive what the total cost has been of the survey and research work carried out in relation to Rum by, or on behalf of, Scottish Natural Heritage from April 1992 to date.
Answer
I refer the member to the answer given to question S1W-19505.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 30 October 2001
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Current Status:
Answered by Rhona Brankin on 13 November 2001
To ask the Scottish Executive, further to the answer to question S1W-16955 by Rhona Brankin on 8 August 2001, how many residential units have been built on the Isle of Rum in each year from 1957 compared with the total annual population of the island in each year from 1957 for which figures are available.
Answer
I refer the member to the answer given to question S1W-19505.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Monday, 29 October 2001
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Current Status:
Answered by Iain Gray on 12 November 2001
To ask the Scottish Executive what plans it has to reform the law in relation to rights of servitude and whether the power of feudal superiors and landowners in relation to the law of servitude and, in particular, on denial of rights of access should be reformed.
Answer
The Executive has no plans to introduce a fundamental reform of the law relating to servitude rights, but the proposed Title Conditions (Scotland) Bill contains a number of consequential changes to the law on servitudes as a result of the reform of the law on real burdens. As drafted, the Bill will prevent the future creation of negative servitudes (which are usually restrictions on building for the protection of light or prospect), and will convert the few existing negative servitudes into real burdens. Servitudes which are expressly created by title deeds will have to be registered against both the burdened and the benefited properties. These servitudes which are constituted by registration will also no longer be restricted in type to the list of servitudes currently set out in a rule of law. The Bill will also make it clear that it is possible for a right to lead a pipe, cable or wire over land to be constituted as a positive servitude.The use of servitudes is not directly linked to feudal superiorities since a servitude is created for the benefit of a proprietor of land to exercise certain rights on or over adjoining land: it is not possible for a bare superiority to be the dominant tenement, or benefited property, in respect of a servitude. After the appointed day for feudal abolition, servitudes will remain an obligation enjoyed by one property in respect of another.Servitudes are separate from public rights of way. The law of servitudes is used to create rights for limited purposes, for example rights of access, not to deny rights of access.The Land Reform (Scotland) Bill will provide a right of responsible access to land and inland water for recreation and passage. The Scottish Outdoor Access Code provides guidance on the rights and responsibilities of public access. It is intended that the Bill will be introduced in Parliament shortly.
