- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 14 September 1999
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Current Status:
Answered by Jim Wallace on 28 September 1999
To ask the Scottish Executive whether the Code of Practice on Access to Scottish Executive Information has any application to any draft concordats and, if so, whether it will state, for each draft concordat, its justification, including the relevant provision in Part II of the Code, for the draft concordats being kept secret.
Answer
The Code of Practice applies to all documents held or received by the Scottish Executive. All concordats will be published. However the provisions in the Code dealing with 'Internal discussion and advice' and 'Information received in confidence' cover the present drafts.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 14 September 1999
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Current Status:
Answered by Jim Wallace on 28 September 1999
To ask the Scottish Executive whether it will provide a definition of those communications referred to as "confidential" in the section headed "Internal discussion and advice" in Part II of the Code of Practice on Access to Scottish Executive Information and, in particular, whether this definition includes only those communications which are stamped, marked or otherwise explicitly said to be "confidential"; and, if so, whether it will confirm that it will not seek to keep secret information which is not so marked or otherwise further restrict the information which may be disclosed according to the Code by reference to this provision.
Answer
I refer the member to the answer given to S1W-1533.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 14 September 1999
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Current Status:
Answered by Jim Wallace on 28 September 1999
To ask the Scottish Executive whether the Code of Practice on Access to Scottish Executive Information applies to public authorities which deal with devolved and other matters, as listed in Annex E of "The Scotland Act: A Guide".
Answer
The Code of Practice on Access to Scottish Executive Information applies to those Scottish public bodies within the jurisdiction of the Scottish Commissioner as listed in Schedule 1 to the Code. Cross Border Public Authorities, as listed in Annex E of "The Scotland Act: A Guide" are not subject to the Code of Practice on Access to Scottish Executive Information. This arrangement reflects the legislative competence of the Scottish Parliament with regard to freedom of information.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 14 September 1999
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Current Status:
Answered by Jim Wallace on 28 September 1999
To ask the Scottish Executive whether it will list the (a) enactments (b) regulations (c) European Community laws and (d) international agreements referred to in the section headed "Statutory and other restrictions" in Part II of the Code of Practice on Access to Scottish Executive Information which allow information to be kept secret.
Answer
No comprehensive list of statutory bars exists. The White Paper on Open Government (Cm 2290) published in July 1993 identified some 200 Acts which prohibited disclosure of information. If information requested under the Code of Practice on Access to Scottish Executive Information fell under a statutory bar the public authority would be expected to detail which Act or regulation prevented its disclosure.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 14 September 1999
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Current Status:
Answered by Jim Wallace on 28 September 1999
To ask the Scottish Executive whether it will list who it regards as members of the Royal Household for the purposes of the section headed "Communications with the Royal Household" in Part II of the Code of Practice on Access to Scottish Executive Information and, if not, why not.
Answer
No. The purpose of this exemption is to ensure that confidential communications between Her Majesty and the Scottish Ministers are given adequate protection. It would not be appropriate to list members of the Royal Household.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Tuesday, 14 September 1999
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Current Status:
Answered by Jim Wallace on 28 September 1999
To ask the Scottish Executive whether it considers that the Code of Practice on Access to Scottish Executive Information allows the Scottish public sufficient access to information about its actions and decisions and, if not, what further proposals it intends to make in this regard.
Answer
For reasons of practicality and continuity and to ensure that openness arrangements were in place from 1 July, the Code of Practice on Access to Scottish Executive Information is based closely on the UK Government's Code of Practice on Access to Government Information. The Code is underpinned by a strong and explicit presumption of openness. As an interim measure pending the introduction of a statutory regime, the Code is considered to provide a satisfactory openness regime.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Wednesday, 01 September 1999
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Current Status:
Answered by Jack McConnell on 27 September 1999
To ask the Scottish Executive, further to the answer to question S1W-637 by Donald Dewar on 4 August, what the current market value of Bute House is.
Answer
This information is not held by the Scottish Executive. The building is owned by the National Trust for Scotland and the Department occupies it on a sub lease.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Thursday, 05 August 1999
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Current Status:
Answered by Sarah Boyack on 20 September 1999
To ask the Scottish Executive whether it has examined the impact on the Scottish economy of the current level of taxation on hauliers and motorists, and if so, whether it will provide information on its findings.
Answer
The Scottish Executive undertakes regular analysis of the current and future prospects for the Scottish economy. However, decisions on levels of taxation of motoring and haulage are reserved under Schedule 5 of the Scotland Act and are therefore a matter for the Chancellor of the Exchequer.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Friday, 06 August 1999
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Current Status:
Answered by John Home Robertson on 20 September 1999
To ask the Scottish Executive how many fishing boats are currently licensed solely to fish for scallops, and of those, how many are affected by the current ban on scallop fishing, and how many people's incomes have been affected as a result of the ban.
Answer
There are no vessels currently licensed to fish solely for scallops. At present there are 214 over 10 metre vessels, administered by the Scottish Executive, which are licensed to fish for scallops by mechanical dredge in addition to other species appropriate to the terms of their licence. All vessels of 10 metres and under may fish for scallops.
Since vessels may fish for other species and in other areas, depending on the conditions of the licence, it is not possible to determine definitively how many fishermen's incomes may have been affected by the ban on scallop fishing which began on 9th July in certain sea areas in the west of Scotland. Local assessments suggest that many of the larger vessels have targeted other species or re-located; so far, the total value of landings recorded centrally for the first seven months of this year by those over 10 metre vessels licensed to fish for scallops by mechanical dredge is about 3 per cent higher than the same period last year. It is not possible accurately to assess the effect on smaller vessels. We recognise the importance of the scallop fishery, and we will lift the restriction as soon as it is safe to do so. The safety of consumers is the overriding priority.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Friday, 06 August 1999
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Current Status:
Answered by Susan Deacon on 20 September 1999
To ask the Scottish Executive whether it has received representations, dated 4 August 1999, from the Western Isles Fisherman's Association asking it to take steps to alleviate the severe financial difficulties faced by some of its members and, if so, what response it will make to these representations.
Answer
Yes. A letter has been received from the Western Isles Fisherman's Association requesting the early opening of specific grid boxes within the scallop grounds which are currently closed due to high levels of Amnesic Shellfish Poisoning. The letter also expressed concern over the activities of scallop divers.
A reply to the Association was sent on 6 August 1999 providing them with a copy of the results from the grid boxes mentioned. Further results from the latest round of sampling which took place last week are awaited and these results will be considered as soon as they become available.The comments regarding scallop divers have been passed to the Scottish Fisheries Protection Agency and Western Isles Council who are responsible for the monitoring and enforcement of the Emergency Closure Orders.
