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Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S3W-04272

Asked by: Tavish Scott, MSP for Shetland, Scottish Liberal Democrats
Date lodged: Wednesday, 12 September 2007
Current Status: Answered by Shona Robison on 20 September 2007

To ask the Scottish Executive what funding support it provided for advocacy services in Shetland in 2006-07; which bodies received such funding, and how its use was monitored.

There is a duty onNHS boards and local authorities under the Mental Health (Care and Treatment)(Scotland) Act 2003 to secure the availability of independent advocacyservices for people who have a mental health condition. These services may be securedby the NHS board or local authority through funding from their own allocations orby obtaining support from other sources.

The Scottish Governmentactively monitors the provision of advocacy services. We also fund the ScottishIndependent Advocacy Alliance, which promotes and supports advocacy services throughoutScotland.

Question reference: S3W-04064

Asked by: Tavish Scott, MSP for Shetland, Scottish Liberal Democrats
Date lodged: Thursday, 06 September 2007
Current Status: Answered by John Swinney on 18 September 2007

To ask the Scottish Executive whether it has the legal power to stop a local authority from increasing council tax in its area from its 2007-08 level.

Question reference: S3W-04063

Asked by: Tavish Scott, MSP for Shetland, Scottish Liberal Democrats
Date lodged: Thursday, 06 September 2007
Current Status: Answered by John Swinney on 18 September 2007

To ask the Scottish Executive whether it has the legal power to require every local authority to freeze council tax at 2007-08 levels.

There are existinglegislative powers to enable Scottish ministers to propose a reduction in counciltax levels in certain circumstances but I believe that a council tax freeze at 2007-08levels can best be achieved through negotiation and agreement with local government.I am currently in constructive discussions with local government to determine howbest a council tax freeze can be achieved in 2008-09.

Question reference: S3W-04065

Asked by: Tavish Scott, MSP for Shetland, Scottish Liberal Democrats
Date lodged: Thursday, 06 September 2007
Current Status: Answered by John Swinney on 18 September 2007

To ask the Scottish Executive who is responsible for setting the level of council tax in each local authority area.

Question reference: S3W-03939

Asked by: Tavish Scott, MSP for Shetland, Scottish Liberal Democrats
Date lodged: Monday, 03 September 2007
Current Status: Answered by Kenny MacAskill on 14 September 2007

To ask the Scottish Executive how many solicitors’ practices currently undertake legal aid work under the Scottish legal aid scheme and how many undertook such work in each of the last five years, broken down into firms offering (a) only civil legal aid work, (b) only criminal legal aid work and (c) both civil and criminal legal aid work.

The information onthe number of solicitors’ practices who undertake legal aid work is collected centrallyby the Scottish Legal Aid Board.

The following tableprovides information on the number of firms receiving payment from the ScottishLegal Aid Board in each of the financial years shown.

Firms Receiving Payment in Respect of:	2002-03	2003-04	2004-05	2005-06	2006-07
Civil legal assistance	951	918	876	829	778
Criminal legal assistance	796	794	757	733	723
Civil legal assistance only	213	196	191	181	165
Criminal legal assistance only	58	72	72	85	110
Both civil and criminal legal assistance	738	722	685	648	613
Total (any form of legal assistance)	1,009	990	948	914	888

Question reference: S3W-03938

Asked by: Tavish Scott, MSP for Shetland, Scottish Liberal Democrats
Date lodged: Monday, 03 September 2007
Current Status: Answered by Kenny MacAskill on 14 September 2007

To ask the Scottish Executive what changes have been made in 2007 to the administration of the Scottish legal aid scheme and what further changes are envisaged.

A number of improvementshave been made to the Scottish legal aid scheme to deliver government policy oras part of the Scottish Legal Aid Board’s (SLAB) programme of continuous improvement.

A new simplified system of Civil Advice and Assistancewas introduced from 1 May 2007. The previous minimum fee was replaced bya diagnostic interview which allows solicitors to determine whether the subjectmatter is one of the distinct categories of cases covered by Advice and Assistance.The list of distinct categories was agreed with the Law Society of Scotland.

SLAB is currently piloting an online application facilityfor civil legal aid with a number of firms. It intends to develop the system furtherover the next six months and extend it to other types of legal assistance. Thiswill be done in tandem with other improvements to computer systems which shouldhelp reduce processing times and unnecessary bureaucracy.

In October 2006 SLAB launched a major project within theboard to consider and develop ways of simplifying the Civil Legal Aid System. Sincethen it has introduced several changes to the application form, removing the requirementto answer several questions and provide statements in certain types of simplifieddivorce proceedings. SLAB has also amended the information leaflets and revisedthe Civil Legal Aid handbook and has piloted a scheme enabling financial eligibilityto be assessed by telephone with the applicant directly.

Any disputes between the board and a solicitor orcounsel about the amount of fees or outlays in cases before the Judicial Committeeof the Privy Council can now be referred to the registrar of the JCPC for taxation.Any party subsequently dissatisfied with the taxation now has the right to lodgea petition to the JCPC.

Regulations introduced in February 2007 amended the blockfee structure for civil legal aid, addressing several issues and increased the feespayable in a range of cases. We are currently undertaking an exercise to evaluatemore generally the effect of the block fee structure and proposals, developed bySLAB in conjunction with the profession, will be considered by ministers by theend of the year.

SLAB has also been liaising with the Law Society on theintroduction of a system of Quality Assurance for Criminal Practitioners. The ReviewCriteria have been agreed and a pilot review exercise is expected to begin soon.

During the remainder of the financial year 2007-08 SLABwill introduce new, simpler forms for civil legal aid; work towards the possibleintroduction of “model applications” intended to cut down on the work involved inputting together an application; introduce template style sanction applications,pilot a supplier support system to share administrative data on individual firmswith the firms to help them identify training needs or changes to their work practiceswhich could improve the efficiency and effectiveness of their civil legal assistance.SLAB will also be evaluating its procedures for stage reporting and special urgencywork and consider possible improvements to its financial assessment methodology.

In February 2007,the Law Society of Scotland undertook as consultation on reforms to legal aid forsolemn criminal cases. SLAB and the Scottish Government are considering amendmentsto solemn legal aid in the light of that consultation. SLAB will issue shortly aconsultation on reform to summary criminal legal assistance, to reflect the proposedchanges to the summary justice system contained in the “system model” publishedin September 2007. SLAB and the Scottish Government are developing new legal aidarrangements for criminal appeals.

Question reference: S3W-03940

Asked by: Tavish Scott, MSP for Shetland, Scottish Liberal Democrats
Date lodged: Monday, 03 September 2007
Current Status: Answered by Kenny MacAskill on 14 September 2007

To ask the Scottish Executive what monitoring is undertaken to measure the availability of solicitors’ practices undertaking legal aid work under the Scottish legal aid scheme in each local authority area.

Regular analysis isundertaken by the Scottish Legal Aid Board of the number of firms which submit applicationsfor civil legal aid and advice and assistance. This analysis provides a reasonablydetailed picture of patterns of provision at local authority level or by travelto work area where that is more appropriate. Where analysis suggests a particularlysignificant change in a specific area, the board can undertake more detailed examinationof the patterns of work dealt with by individual firms in the area.

The board also monitors correspondence or telephone enquiriesreceived where they suggest that there may be difficulties with provision in a particulararea.

In addition to itscurrent analysis, the board will also be undertaking a survey of the particulartypes of work which registered providers of civil legal assistance undertake. Thiswill help potential applicants to identify solicitors most likely to be able totake on their case. It will also help the board to identify areas where there arefew solicitors offering legal aid services, either in general or in particular typesof case.

Question reference: S3W-03727

Asked by: Tavish Scott, MSP for Shetland, Scottish Liberal Democrats
Date lodged: Wednesday, 29 August 2007
Current Status: Answered by Stewart Stevenson on 13 September 2007

To ask the Scottish Executive whether it will set out its programme for the study into the benefits of applying a road equivalent tariff (RET) to the fares on ferry routes and its subsequent plans to introduce RET, also indicating when (a) the review consultants are to report to ministers, (b) ministers intend to make public their plans for the introduction of RETs and (c) ministers plan to cut ferry fares to RET levels.

The study willcomprise three phases, an initial largely desk-based study to inform the pilotexercise, a subsequent pilot study in the Western Isles and a full evaluationof the impact and benefits of road equivalent tariff based on the evidencegathered during the pilot. The first phase of the study has begun and theconsultants will provide a draft report to the Scottish Government by the endof the year. The report will provide recommendations on the timing of the pilotexercise bearing in mind that lead time is required to prepare forimplementation. The pilot will begin as soon as practically possible.

Question reference: S3W-03935

Asked by: Tavish Scott, MSP for Shetland, Scottish Liberal Democrats
Date lodged: Monday, 03 September 2007
Current Status: Answered by Jim Mather on 13 September 2007

To ask the Scottish Executive what the aims are of the investment made by Highlands and Islands Enterprise in the UHI Millennium Institute and what terms and conditions apply to the investment.

Question reference: S3W-03934

Asked by: Tavish Scott, MSP for Shetland, Scottish Liberal Democrats
Date lodged: Monday, 03 September 2007
Current Status: Answered by Richard Lochhead on 13 September 2007

To ask the Scottish Executivewhether it intends to use Scottish Forestry Grant Scheme forage definitions or Integrated Administration and Control System land classifications in the assessment of applications to the Less Favoured Areas Support Scheme after 2010 and what the reasons are for the choice.