- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Monday, 22 July 2002
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Current Status:
Answered by Jim Wallace on 19 August 2002
To ask the Scottish Executive what powers it or the Lord Advocate has to discipline any sheriff found to be incompetent to perform the functions of the office.
Answer
Under Section 12 of the Sheriff Courts (Scotland) Act 1971 the First Minister may establish an investigation into the fitness for office of any sheriff. During such an investigation the sheriff may be suspended from office. If the First Minister receives a report to the effect that a sheriff is unfit he may make an order removing the sheriff from office. The order would be subject to the approval of the Scottish Parliament.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 1 July 2002
To ask the Scottish Executive whether it has undertaken or commissioned any research into the likely effect on salmon fishings of the existence of the provisions to acquire salmon fishings compulsorily in Part 3 of the Land Reform (Scotland) Bill and, if so, whether it will publish this research.
Answer
No such research has been undertaken or commissioned by the Scottish Executive nor do we believe such research is needed. We are satisfied that any temporary uncertainties created by those who oppose the legislation will be resolved once the legislation is enacted. Once the minimal risks to owners are properly understood, the market will ensure that there is no long-term impact.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 05 June 2002
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Current Status:
Answered by Ross Finnie on 19 June 2002
To ask the Scottish Executive what compensation will be paid to the owners of salmon fishings, sporting rights and mineral rights for any immediate losses in the market value of their holdings as a consequence of the absolute right to buy under Part 3 of the Land Reform (Scotland) Bill.
Answer
The Scottish Executive does not accept that the implementation of legislative provisions for a crofting community right to buy as proposed in Part 3 of the Land Reform (Scotland) Bill will have an adverse impact on the market value of salmon fishings, sporting rights and mineral rights. Consequently we have no plans to pay compensation to owners of such holdings.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 28 May 2002
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Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what account it took of the views expressed by its public inquiry reporter on the creation of a parallel link road for local traffic between Middlebank and Inchture to connect with the flyover at the Inchture Junction on the A90 when it took the decision not to proceed with the construction of the link road at the same time as the flyover is constructed.
Answer
In their decision letter following the Public Inquiry, Scottish ministers accepted the reporter's recommendation to give early consideration to funding the option of extending the link road through to Inchture Interchange. Due to higher priorities on the A90 and elsewhere on the trunk road network it has, to date, not proved possible to accommodate the link road in the current programme.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 28 May 2002
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Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what the cost of constructing a parallel link road between Middlebank and Inchture with the flyover under construction at the Inchture Junction of the A90 will be and whether the cost will be higher than the cost would be if the link road were constructed at the same time as the flyover is constructed.
Answer
This situation did not arise as the additional statutory road and compulsory purchase orders required for a link road to Inchture are not in place.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 28 May 2002
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Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what representations it has received in relation to the creation of a parallel link road for local traffic between Middlebank and Inchture to connect with the flyover under construction at the Inchture Junction on the A90.
Answer
Six expressions of support for the link road have been received.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 10 June 2002
To ask the Scottish Executive how many responses to its consultation paper, Draft Land Reform (Scotland) Bill expressed (a) support for, and (b) opposition to, the provisions in Part 3 of the Land Reform (Scotland) Bill for the compulsory purchase of salmon fishings, and which bodies expressed such support or opposition.
Answer
All the non-confidential responses to the consultation on the draft Land Reform (Scotland) Bill are available in the Parliament's Reference Centre. The consultation was not a referendum on any particular bill provision but rather sought views on the bill as a whole. Most considered responses were qualitative in nature and did not express outright support or opposition to any particular proposals.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive which provision in the Land Reform (Scotland) Bill leaves tenancies, time shares and syndication arrangements of salmon fishings unaffected by the exercise of the provisions to acquire salmon fishings compulsorily in Part 3 of the Bill.
Answer
The right to buy extends only to land which consists of salmon fishings as defined in section 65(2)(d). Where existing arrangements such as leases, timeshare or syndications are binding on the present owner, these arrangements will be binding on the new owner. Timeshare or syndication arrangements which constitute joint or common ownership would in theory be susceptible to purchase through the provisions of section 70(4). However, it may prove difficult to demonstrate that the purchase of fishings held under such arrangements would lead to sustainable development or be in the public interest. Furthermore, in many cases affordability is likely to be an issue for crofting community bodies. There is also a specific protection for tenancies in section 67(5).
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive whether the expression "inland waters" is to have the same meaning in Part 3 of the Land Reform (Scotland) Bill as it does in part 1 of the bill.
Answer
The definition of "inland waters" in part 1 of the Land Reform (Scotland) Bill does not apply to part 3.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive how it will ensure investor confidence in salmon fishings in the light of any concerns expressed in response to the proposals for the compulsory purchase of salmon fishings contained in Part 3 of the Land Reform (Scotland) Bill.
Answer
If there has been any damage done to the confidence of prospective investors in salmon fishings it has been done by those people who have, in contesting our proposals, sought to suggest that there will be massive adverse effects on the quality of the fishing that will be available in the future as a result of this legislation. Any problems which exist will be resolved when opponents stop talking up the problems and start making realistic and sober assessments of the effects of these proposals. From that perspective the most useful way in which the Executive can ensure investor confidence would be to make sure that this bill is enacted as quickly as possible.