- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 04 July 2003
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Current Status:
Answered by Cathy Jamieson on 29 July 2003
To ask the Scottish Executive what performance points were accrued by the operating company of HM Prison Kilmarnock, broken down for each heading and subsection in Schedule F to the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Limited for the Design, Construction, Management and Financing of a Prison at Kilmarnock, for the quarter April to June 2003.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:Performance Points:
| 2.1 (e) | Failure to input basic details into prisoner records | 25 |
| 2.1 (f) | Failure to process accurate warrant details | 10 |
| 2.1 (g) | Discovery within prison of smuggled in items | 100 |
| 2.1 (i ) | Failure of security procedures | 170 |
| 2.2(a) | Staff assault - serious injury | 0 |
| | Minor injury | 20 |
| | No injury | 20 |
| 2.2(b) | Prisoner assault - serious injury | 0 |
| | Minor injury | 40 |
| | No injury | 55 |
| 2.2(c) | Incident of concerted indiscipline | 60 |
| 2.2(f) | Incident of self harm | 5 |
| 2.2 (g) | Incident of class A drugs | 350 |
| 2.2(h) | Incident of drugs other than class A | 70 |
| 2.2(m) | Tool/implement loss (not recovered) | 12 |
| 2.4(b) | Failure to deliver work hours (Sentenced Prisoners)Provision of 76 - 95% of hoursProvision of 66 -75% of hoursProvision of 56 - 65% of hoursProvision of equal or less than 55% | 5000 |
| 2.4(d) | Failure to provide structured activity hours (sentenced prisoners)Provision of 76 - 95% of hoursProvision of 66 - 75% of hoursProvision of 56 - 54% of hoursProvision of Equal or less than 55% | 10000 |
| 2.5(b) | Failure to start visits within 20 minutes | 5 |
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 04 July 2003
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Current Status:
Answered by Tavish Scott on 29 July 2003
To ask the Scottish Executive in which of its projects Partnerships UK has been involved since the foundation of Partnerships UK.
Answer
Partnerships UK has been directly involved in the Scottish Executive M74 Public Private Partnership project.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 04 July 2003
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Current Status:
Answered by Hugh Henry on 29 July 2003
To ask the Scottish Executive, further to the answer to question S2W-972 by Cathy Jamieson on 5 June 2003, what the process would be if the Prime Minister did not accept one of the First Minister's nominations to fill the vacant office of (a) Lord President of the Court of Session and (b) Lord Justice Clerk.
Answer
The Statute envisages that the First Minister and Prime Minister will come to an agreement on these matters and there is no precedent for their not doing so.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 03 September 1999
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Current Status:
Answered by Hugh Henry on 29 July 2003
To ask the Scottish Executive, further to the answer to question S2W-972 by Cathy Jamieson on 5 June 2003, by what process the First Minister arrives at decision on nominations for the Lord President of the Court of Session and Lord Justice Clerk.
Answer
By Statute, the First Minister must consult the current Lord President and Lord Justice Clerk before making his nomination. He would also consult cabinet colleagues with knowledge of the field of candidates for consideration.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 13 May 2003
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Current Status:
Answered by Elish Angiolini on 21 July 2003
To ask the Scottish Executive how many cases of drink-driving were reported to the procurator fiscal in each year since 1997, broken down by sheriff court district.
Answer
The following tables give the number of charges of drink driving related offences that were reported to the Procurator Fiscal throughout Scotland in each of the financial years from 1999 to 2003, broken down by Procurator Fiscal Office. The charges shown relate to the following sections of the Road Traffic Act 1988:s.4(1) driving, or attempting to drive, while under unfit through drink or drugss.4(2) being in charge of a vehicle while unfit through drink or drugss.5(1)(a) driving, or attempting to drive, while over the legal limits.5(1)(b) being in charge of a vehicle while over the legal limit
s.6(1) failing to provide a breath test while suspected of being under the influence of alcohol or to have committed a traffic offences.6(2) failing to provide a breath test after being involved in an accidents.7(6) failing to provide a specimen for analysisInformation for the period before 1 April 1999 is not available. The answer given to question S1W-34889 on 31 March 2003 included data in relation to year 2001-02 - please note that the following includes additional data unavailable at the time of the answer to question S1W-34889. The data previously provided did not include data in relation to the Glasgow area, which was unavailable at the time due to upgrading of the computer system in Glasgow. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/search_wa.1. FY 1999-2000
| | Section | Grand Total |
| Sect: 4(1) | Sect: 4(2) | Sect: 5(1)(a) | Sect: 5(1)(b) | Sect: 6(1) | Sect: 6(2) | Sect: 7(6) |
| Aberdeen | 52 | 7 | 419 | 23 | 46 | 4 | 78 | 629 |
| Airdrie | 13 | 2 | 214 | 21 | 38 | 5 | 75 | 368 |
| Alloa | 3 | | 51 | 2 | 7 | 2 | 14 | 79 |
| Arbroath | 6 | | 108 | 7 | 10 | | 18 | 149 |
| Ayr | 22 | 2 | 212 | 16 | 22 | | 31 | 305 |
| Banff | 3 | 1 | 47 | 1 | 3 | 1 | 4 | 60 |
| Campbeltown | 2 | 1 | 14 | 1 | 2 | | 3 | 23 |
| Cupar | 13 | | 56 | 2 | 5 | | 12 | 88 |
| Dingwall | 5 | | 74 | 2 | 9 | | 11 | 101 |
| Dornoch | | | 29 | | 4 | | 2 | 35 |
| Dumbarton | 28 | 2 | 189 | 18 | 18 | 3 | 40 | 298 |
| Dumfries | 6 | 2 | 108 | 6 | 11 | 1 | 20 | 154 |
| Dundee | 60 | 5 | 255 | 9 | 39 | 5 | 54 | 427 |
| Dunfermline | 20 | 1 | 150 | 6 | 14 | 3 | 32 | 226 |
| Dunoon | 2 | | 27 | 1 | 4 | | 7 | 41 |
| Duns | | | 24 | | 1 | | 1 | 26 |
| Edinburgh | 91 | 6 | 802 | 25 | 124 | 4 | 178 | 1,230 |
| Elgin | 5 | | 132 | 12 | 9 | 1 | 10 | 169 |
| Falkirk | 9 | 2 | 198 | 9 | 21 | 2 | 36 | 277 |
| Forfar | 2 | | 53 | 3 | 1 | | 6 | 65 |
| Fort William | | | 50 | 1 | 6 | 1 | 4 | 62 |
| Glasgow | 213 | 25 | 1,013 | 67 | 151 | 15 | 299 | 1,783 |
| Greenock | 16 | 3 | 86 | 6 | 14 | | 17 | 142 |
| Haddington | 8 | | 94 | 6 | 12 | 1 | 22 | 143 |
| Hamilton | 23 | 4 | 447 | 35 | 76 | 6 | 93 | 684 |
| Jedburgh | 13 | 4 | 259 | 10 | 31 | 4 | 40 | 361 |
| Kilmarnock | 30 | 3 | 274 | 20 | 33 | 5 | 46 | 411 |
| Kirkcaldy | 32 | 4 | 186 | 10 | 27 | 3 | 37 | 299 |
| Kirkcudbright | 1 | | 31 | 2 | 2 | 1 | 4 | 41 |
| Kirkwall | 1 | | 35 | 1 | 2 | 1 | 3 | 43 |
| Lanark | 6 | | 91 | 5 | 14 | 3 | 11 | 130 |
| Lerwick | | | 41 | 1 | 2 | 1 | 3 | 48 |
| Linlithgow | 32 | 1 | 255 | 17 | 32 | 2 | 33 | 372 |
| Lochmaddy | 2 | | 14 | 1 | 2 | | 2 | 21 |
| Oban | 9 | | 50 | 1 | 7 | 1 | 9 | 77 |
| Paisley | 43 | 4 | 294 | 16 | 36 | 9 | 53 | 455 |
| Peebles | | | 6 | | | | | 6 |
| Perth | 14 | | 212 | 13 | 14 | 3 | 27 | 283 |
| Peterhead | 3 | 1 | 68 | 6 | 10 | | 12 | 100 |
| Portree | 1 | | 19 | 1 | 3 | 1 | 7 | 32 |
| Rothesay | | | 7 | | 1 | | 2 | 10 |
| Selkirk | 2 | | 67 | 5 | 10 | | 10 | 94 |
| Stirling | 8 | | 133 | 14 | 14 | 3 | 16 | 188 |
| Stonehaven | 5 | | 84 | 6 | 6 | 1 | 11 | 113 |
| Stornoway | 2 | | 45 | 1 | 3 | 1 | 5 | 57 |
| Stranraer | 2 | | 40 | 5 | 3 | | 5 | 55 |
| Tain | 3 | 1 | 56 | 3 | 4 | 1 | 10 | 78 |
| Wick | 1 | | 36 | 1 | 2 | 1 | 5 | 46 |
| Grand Total | 812 | 81 | 7,155 | 418 | 905 | 95 | 1,418 | 10,884 |
2. FY 2000-01
| | Sect: 4(1) | Sect: 4(2) | Sect: 5(1)(a) | Sect: 5(1)(b) | Sect: 6(1) | Sect: 6(2) | Sect: 7(6) | Grand Total |
| Aberdeen | 34 | 11 | 434 | 32 | 32 | 4 | 49 | 596 |
| Airdrie | 18 | 4 | 271 | 17 | 28 | 2 | 66 | 406 |
| Alloa | 1 | | 68 | 1 | 9 | 2 | 12 | 93 |
| Arbroath | 3 | 2 | 90 | 4 | 6 | | 14 | 119 |
| Ayr | 18 | 4 | 188 | 16 | 28 | 1 | 46 | 301 |
| Banff | 7 | 3 | 49 | 3 | 7 | 2 | 11 | 82 |
| Campbeltown | | | 15 | 1 | | | | 16 |
| Cupar | 14 | | 97 | 4 | 8 | | 18 | 141 |
| Dingwall | 4 | | 54 | 7 | 7 | 4 | 12 | 88 |
| Dornoch | 3 | | 24 | | 4 | | 2 | 33 |
| Dumbarton | 34 | 4 | 182 | 22 | 21 | 3 | 52 | 318 |
| Dumfries | 10 | 2 | 110 | 11 | 15 | 4 | 26 | 178 |
| Dundee | 52 | 5 | 219 | 17 | 26 | 3 | 43 | 365 |
| Dunfermline | 28 | 1 | 188 | 9 | 14 | 1 | 26 | 267 |
| Dunoon | 3 | | 39 | 2 | 5 | 1 | 8 | 58 |
| Duns | | | 29 | | 1 | | 2 | 32 |
| Edinburgh | 49 | 5 | 768 | 46 | 90 | 4 | 132 | 1,094 |
| Elgin | 16 | | 136 | 12 | 11 | 1 | 11 | 187 |
| Falkirk | 16 | 1 | 191 | 7 | 29 | 2 | 35 | 281 |
| Forfar | 6 | | 54 | 3 | 4 | | 9 | 76 |
| Fort William | 2 | | 46 | 3 | 4 | | 4 | 59 |
| Glasgow | 214 | 42 | 994 | 70 | 170 | 20 | 323 | 1,833 |
| Greenock | 24 | 2 | 88 | 4 | 11 | | 19 | 148 |
| Haddington | 5 | 1 | 74 | 11 | 12 | 1 | 16 | 120 |
| Hamilton | 16 | 8 | 431 | 40 | 66 | 6 | 105 | 672 |
| Inverness | | | 1 | | | | | 1 |
| Jedburgh | 11 | | 262 | 21 | 26 | 5 | 41 | 366 |
| Kilmarnock | 25 | 4 | 217 | 27 | 28 | 3 | 54 | 358 |
| Kirkcaldy | 30 | 3 | 182 | 12 | 13 | 3 | 35 | 278 |
| Kirkcudbright | 2 | | 17 | 1 | 1 | | 2 | 23 |
| Kirkwall | | | 29 | 3 | 3 | 3 | 4 | 42 |
| Lanark | 5 | 3 | 69 | 2 | 16 | 1 | 21 | 117 |
| Lerwick | 1 | | 50 | 4 | 4 | | 2 | 61 |
| Linlithgow | 37 | 5 | 279 | 12 | 26 | 2 | 35 | 396 |
| Lochmaddy | | | 22 | 1 | 5 | | 5 | 33 |
| Oban | 4 | | 44 | 1 | 3 | | 5 | 57 |
| Paisley | 39 | 4 | 259 | 23 | 34 | 2 | 50 | 411 |
| Peebles | 1 | | 8 | | | | | 9 |
| Perth | 20 | | 209 | 11 | 32 | 3 | 44 | 318 |
| Peterhead | 4 | | 75 | 7 | 9 | | 18 | 114 |
| Portree | | 1 | 19 | 2 | 6 | | 8 | 36 |
| Rothesay | | | 3 | 1 | | | | 4 |
| Selkirk | 3 | | 70 | 7 | 4 | | 11 | 95 |
| Stirling | 8 | 2 | 174 | 3 | 20 | 1 | 28 | 236 |
| Stonehaven | 9 | 1 | 65 | 5 | 6 | | 9 | 95 |
| Stornoway | | | 36 | 1 | 3 | 1 | 9 | 50 |
| Stranraer | 5 | 1 | 42 | 7 | 4 | 2 | 12 | 73 |
| Tain | 8 | | 33 | 1 | 5 | 3 | 13 | 63 |
| Wick | 3 | | 27 | 2 | | | 6 | 38 |
| Grand Total | 792 | 119 | 7,031 | 496 | 856 | 90 | 1,453 | 10,837 |
3. FY 2001-02
| | Sect: 4(1) | Sect: 4(2) | Sect: 5(1)(a) | Sect: 5(1)(b) | Sect: 6(1) | Sect: 6(2) | Sect: 7(6) | Grand Total |
| Aberdeen | 51 | 3 | 447 | 53 | 34 | 5 | 54 | 647 |
| Airdrie | 16 | 6 | 222 | 21 | 26 | 6 | 59 | 356 |
| Alloa | 3 | | 51 | 3 | 7 | | 7 | 71 |
| Arbroath | 7 | 2 | 125 | 9 | 11 | 3 | 17 | 174 |
| Ayr | 15 | 5 | 207 | 9 | 27 | 4 | 38 | 305 |
| Banff | 12 | 1 | 43 | 3 | 5 | 1 | 6 | 71 |
| Campbeltown | 1 | 1 | 20 | 1 | 2 | | 3 | 28 |
| Cupar | 15 | 1 | 101 | 8 | 10 | 2 | 11 | 148 |
| Dingwall | 9 | 1 | 71 | 2 | 7 | 1 | 8 | 99 |
| Dornoch | 1 | | 21 | | 3 | 1 | 2 | 28 |
| Dumbarton | 36 | 6 | 194 | 8 | 23 | 4 | 37 | 308 |
| Dumfries | 12 | | 115 | 9 | 5 | 3 | 11 | 155 |
| Dundee | 72 | 14 | 267 | 14 | 28 | 5 | 54 | 454 |
| Dunfermline | 26 | 2 | 183 | 6 | 8 | 4 | 19 | 248 |
| Dunoon | 2 | | 41 | 5 | 5 | | 8 | 61 |
| Duns | 2 | | 35 | 2 | 2 | | 2 | 43 |
| Edinburgh | 73 | 7 | 797 | 38 | 89 | 9 | 125 | 1,138 |
| Elgin | 19 | 1 | 184 | 14 | 14 | 2 | 14 | 248 |
| Falkirk | 34 | 6 | 233 | 16 | 38 | 1 | 53 | 381 |
| Forfar | 10 | 2 | 48 | 7 | 6 | | 11 | 84 |
| Fort William | 9 | | 67 | 3 | 4 | 3 | 9 | 95 |
| Glasgow | 195 | 20 | 1,045 | 85 | 141 | 12 | 281 | 1,779 |
| Greenock | 35 | 4 | 97 | 10 | 6 | 3 | 25 | 180 |
| Haddington | 8 | 3 | 102 | 9 | 9 | 1 | 12 | 144 |
| Hamilton | 48 | 2 | 425 | 59 | 61 | 6 | 86 | 687 |
| Jedburgh | 18 | | 314 | 24 | 41 | 2 | 40 | 439 |
| Kilmarnock | 28 | 5 | 251 | 20 | 27 | 3 | 56 | 390 |
| Kirkcaldy | 46 | 3 | 207 | 18 | 17 | 3 | 30 | 324 |
| Kirkcudbright | 3 | 1 | 31 | 4 | 4 | | 3 | 46 |
| Kirkwall | 1 | | 30 | | 3 | | 4 | 38 |
| Lanark | 8 | 1 | 75 | 6 | 13 | 1 | 16 | 120 |
| Lerwick | | | 42 | 2 | | | 1 | 45 |
| Linlithgow | 40 | 3 | 296 | 19 | 36 | | 59 | 453 |
| Lochmaddy | | | 22 | | 1 | | | 23 |
| Oban | 9 | | 44 | 4 | 3 | 1 | 7 | 68 |
| Paisley | 51 | 7 | 313 | 15 | 32 | 6 | 56 | 480 |
| Peebles | | | 11 | 1 | 1 | | 2 | 15 |
| Perth | 31 | 4 | 206 | 11 | 18 | 7 | 38 | 315 |
| Peterhead | 4 | | 80 | 5 | 6 | | 9 | 104 |
| Portree | | | 20 | | | | 1 | 21 |
| Rothesay | | | 6 | 1 | | | | 7 |
| Selkirk | 1 | | 64 | 10 | 6 | | 6 | 87 |
| Stirling | 19 | 1 | 172 | 3 | 13 | 2 | 35 | 245 |
| Stonehaven | 7 | | 57 | 4 | 9 | 2 | 18 | 97 |
| Stornoway | | | 55 | 5 | 9 | 1 | 7 | 77 |
| Stranraer | 7 | 1 | 41 | 6 | 2 | 3 | 7 | 67 |
| Tain | 5 | | 52 | 5 | 13 | 3 | 20 | 98 |
| Wick | 6 | | 48 | 4 | 5 | 2 | 8 | 73 |
| Grand Total | 995 | 113 | 7,578 | 561 | 830 | 112 | 1,375 | 11,564* |
Note:*This data differs from that provided in answer to S1W-34889.4. FY 2002-03
| | Sect: 4(1) | Sect: 4(2) | Sect: 5(1)(a) | Sect: 5(1)(b) | Sect: 6(1) | Sect: 6(2) | Sect: 7(6) | Grand Total |
| Aberdeen | 50 | 11 | 506 | 43 | 51 | 6 | 68 | 735 |
| Airdrie | 34 | 4 | 252 | 27 | 35 | 8 | 55 | 415 |
| Alloa | 7 | | 65 | 8 | 8 | | 11 | 99 |
| Arbroath | 9 | 1 | 103 | 6 | 3 | 3 | 18 | 143 |
| Ayr | 25 | 6 | 235 | 13 | 27 | 3 | 44 | 353 |
| Banff | 8 | 2 | 50 | 3 | 6 | | 8 | 77 |
| Campbeltown | | | 21 | 2 | | | 2 | 25 |
| Cupar | 13 | 2 | 129 | 3 | 9 | 1 | 14 | 171 |
| Dingwall | 4 | | 63 | 2 | 13 | 1 | 10 | 93 |
| Dornoch | | | 26 | 2 | 3 | | | 31 |
| Dumbarton | 36 | 7 | 221 | 13 | 28 | 4 | 49 | 358 |
| Dumfries | 17 | 1 | 126 | 7 | 13 | 3 | 23 | 190 |
| Dundee | 70 | 8 | 279 | 27 | 34 | 2 | 51 | 471 |
| Dunfermline | 41 | 2 | 212 | 13 | 28 | | 35 | 331 |
| Dunoon | 3 | | 59 | 3 | 13 | 1 | 11 | 90 |
| Duns | 6 | | 35 | 2 | 2 | | 1 | 46 |
| Edinburgh | 67 | 8 | 790 | 44 | 109 | 12 | 110 | 1,140 |
| Elgin | 23 | | 164 | 15 | 12 | 2 | 14 | 230 |
| Falkirk | 23 | 3 | 216 | 22 | 37 | 2 | 47 | 350 |
| Forfar | 6 | 2 | 72 | 3 | 4 | | 5 | 92 |
| Fort William | 3 | | 59 | 2 | 8 | 1 | 10 | 83 |
| Glasgow | 283 | 40 | 1,142 | 96 | 173 | 21 | 313 | 2,061 |
| Greenock | 37 | 5 | 85 | 10 | 16 | 3 | 26 | 182 |
| Haddington | 5 | | 110 | 9 | 15 | 1 | 22 | 162 |
| Hamilton | 30 | 4 | 408 | 49 | 71 | 5 | 103 | 670 |
| Jedburgh | 20 | 2 | 273 | 19 | 38 | 6 | 59 | 417 |
| Kilmarnock | 38 | 4 | 286 | 11 | 25 | 8 | 46 | 418 |
| Kirkcaldy | 34 | 1 | 265 | 14 | 20 | 1 | 35 | 370 |
| Kirkcudbright | | 2 | 29 | 1 | 5 | | 4 | 41 |
| Kirkwall | 1 | | 33 | 4 | 1 | | 4 | 43 |
| Lanark | 14 | 3 | 88 | 8 | 13 | 1 | 7 | 134 |
| Lerwick | 1 | | 59 | 2 | 6 | | 5 | 71 |
| Linlithgow | 27 | 8 | 267 | 13 | 36 | 4 | 49 | 404 |
| Lochmaddy | | | 27 | 2 | 1 | | | 30 |
| Oban | 6 | | 40 | 4 | 1 | 2 | 11 | 64 |
| Paisley | 57 | 4 | 309 | 18 | 29 | 6 | 57 | 480 |
| Peebles | | | 20 | 4 | 2 | | | 26 |
| Perth | 22 | 4 | 245 | 14 | 26 | 5 | 41 | 357 |
| Peterhead | 6 | | 79 | 5 | 6 | 4 | 13 | 111 |
| Portree | | | 23 | | 3 | 1 | 2 | 29 |
| Rothesay | 3 | 1 | 12 | | 2 | | 4 | 22 |
| Selkirk | 1 | | 62 | 6 | 7 | 1 | 7 | 84 |
| Stirling | 22 | 1 | 218 | 7 | 29 | 1 | 28 | 306 |
| Stonehaven | 4 | 1 | 85 | 4 | 9 | | 8 | 111 |
| Stornoway | | | 35 | 4 | 7 | | 9 | 55 |
| Stranraer | 3 | 3 | 47 | 8 | 8 | 2 | 9 | 80 |
| Tain | 2 | | 46 | 1 | 9 | | 7 | 65 |
| Wick | 9 | | 59 | 1 | 8 | 1 | 8 | 86 |
| Grand Total | 1,070 | 140 | 8,035 | 574 | 1,009 | 122 | 1,463 | 12,413 |
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 27 May 2003
-
Current Status:
Answered by Elish Angiolini on 19 June 2003
To ask the Scottish Executive whether it will investigate the statement by Mr Colin Laverty in the April 2003 edition of the Journal of the Law Society of Scotland that, in a recent trial at Coatbridge District Court of a person charged with assault, the Procurator Fiscal failed to view videotape evidence before deciding in what court to try the case and before deciding to accept a guilty plea to a reduced charge
Answer
Procurators fiscal make decisions on proceedings on the basis of reports received from the police, which contain a summary of the evidence including the contents of any video evidence. It will not always be practicable to view a video prior to taking a decision to prosecute, although it would be open to the procurator fiscal to do so in the event that the report suggested that it would be useful to do so. In this case the police report contained an accurate description of the contents of the video, although the depute in court accepted pleas without viewing the tape. Procurators fiscal have been reminded that it is best practice to view video evidence before negotiating pleas.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 13 May 2003
-
Current Status:
Answered by Elish Angiolini on 19 June 2003
To ask the Scottish Executive how many reports procurators fiscal received from HM Customs and Excise in 2002-03 and, of these, how many (a) were marked "no proceedings" on account of delay on the part of HM Customs and Excise and (b) proceeded to trial
Answer
During the financial year April 2002 to March 2003 HM Customs and Excise submitted 22 reports to procurators fiscal. (a) None of these cases were marked "no proceedings" on account of delay on the part of HM Customs and Excise, and(b) nine cases proceeded to court, all of which resulted in a conviction. One case proceeded to a full trial and the remaining eight were dealt with by way of a guilty plea. Twelve cases are currently pending before the courts but proceedings have not yet concluded. One case was submitted to the Procurator Fiscal for an opinion only, and proceedings were not considered.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Thursday, 15 May 2003
-
Current Status:
Answered by Cathy Jamieson on 9 June 2003
To ask the Scottish Executive what control and restraint training the Scottish Prison Service has provided to the operator of Dungavel House immigration removal centre.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:None. The centre provides services to the Home Office and is therefore a reserved matter.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
-
Date lodged: Tuesday, 13 May 2003
-
Current Status:
Answered by Cathy Jamieson on 6 June 2003
To ask the Scottish Executive, further to the answer to question S1W-30310 by Mr Jim Wallace on 18 October 2002, how many offences of (a) illegal importation of drugs, (b) producing, manufacture or cultivation of drugs and (c) supply or possession with intent to supply of drugs under the Misuse of Drugs Act 1971 the police recorded in 2002, broken down by local authority area.
Answer
The recorded crime statistics collected centrally can not identify individual sections of the Misuse of Drugs Act 1971. The most detailed crime categories available are shown in the following table. These contain crimes recorded under various statutes and several different sections of the Misuse of Drugs Act 1971.
Crimes Recorded by the Police by Council Area, Scotland, 2002| Council area | Illegal importation of drugs | Production, manufacture or cultivation of drugs | Supply, possession with intent to supply of drugs |
| Scotland | 3 | 185 | 10,139 |
| Aberdeen City | 0 | 4 | 615 |
| Aberdeenshire | 0 | 1 | 161 |
| Angus | 0 | 2 | 116 |
| Argyll and Bute | 0 | 1 | 80 |
| Clackmannanshire | 0 | 1 | 79 |
| Dumfries and Galloway | 0 | 6 | 342 |
| Dundee City | 0 | 5 | 296 |
| East Ayrshire | 0 | 6 | 299 |
| East Dunbartonshire | 0 | 0 | 122 |
| East Lothian | 0 | 5 | 147 |
| East Renfrewshire | 0 | 3 | 43 |
| Edinburgh, City of | 0 | 20 | 1,329 |
| Eilean Siar | 0 | 2 | 14 |
| Falkirk | 0 | 1 | 230 |
| Fife | 0 | 42 | 672 |
| Glasgow City | 0 | 21 | 2,002 |
| Highland | 1 | 11 | 271 |
| Inverclyde | 0 | 1 | 274 |
| Midlothian | 0 | 4 | 120 |
| Moray | 0 | 2 | 58 |
| North Ayrshire | 0 | 3 | 278 |
| North Lanarkshire | 1 | 9 | 553 |
| Orkney | 0 | 3 | 19 |
| Perth and Kinross | 0 | 4 | 374 |
| Renfrewshire | 1 | 7 | 259 |
| Scottish Borders | 0 | 8 | 178 |
| Shetland | 0 | 0 | 26 |
| South Ayrshire | 0 | 1 | 240 |
| South Lanarkshire | 0 | 4 | 273 |
| Stirling | 0 | 1 | 174 |
| West Dunbartonshire | 0 | 3 | 184 |
| West Lothian | 0 | 4 | 311 |
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
-
Date lodged: Tuesday, 20 May 2003
-
Current Status:
Answered by Tavish Scott on 5 June 2003
To ask the Scottish Executive whether the absolute exemption in section 36(2) of the Freedom of Information (Scotland) Act 2002 to the general entitlement to information in section 1 of that act would apply to the release of information other than permitted disclosures relating to a school public private partnership where that partnership had an information and confidentiality clause modelled on clause 59 of the Scottish Schools Standard PPP Contract and, if not, what the circumstances would be in which such a release of information would not be so exempt.
Answer
Clause 59 of the Scottish Schools Standard Contract is designed to ensure the co-operation of any contractor in supplying the information that a public authority may require in order to respond to a request made to them under the Freedom of Information legislation.The absolute exemption in section 36(2) of the Freedom of Information (Scotland) Act will only apply in circumstances where the disclosure of information by a public authority could constitute an actionable breach of confidence by a third party. In that event, authorities should discuss with the third party whether the information still needs to be classified as such. If these particular circumstances did not apply the public authority could not properly withhold information under that exemption. Any decision by a Scottish public authority to use this exemption would of course be subject to the appeal procedures set out in the act including a review by the Scottish Information Commissioner.