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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-30083

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Tuesday, 15 December 2009
Current Status: Answered by Michael Russell on 14 January 2010

To ask the Scottish Executive what the criteria are for ministers calling in a decision to close a school by a local authority, as set out in the Schools (Consultation) (Scotland) Bill as passed by the Scottish Parliament on 19 November 2009.

Section 17 of the Schools (Consultation) (Scotland) Act, as passed by the Scottish Parliament on 19 November 2009, sets out the grounds for which Scottish ministers may call in a local authority decision to close a school. In summary, ministers will only call in a decision if there is evidence of the local authority failing to comply in a significant way with the requirements set out in the act, or failing to take proper account of a material consideration relevant to its decision, http://www.scottish.parliament.uk/s3/bills/23-Schools/b23bs3-aspassed.pdf.

Question reference: S3W-30085

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Tuesday, 15 December 2009
Current Status: Answered by Michael Russell on 14 January 2010

To ask the Scottish Executive how the Schools (Consultation) (Scotland) Bill as passed by the Scottish Parliament on 19 November 2009 changes the consultation process that a local authority must undertake for proposed school closures compared with prior legislative requirements.

The Schools (Consultation) (Scotland) Act, as passed by the Scottish Parliament on 19 November, supersedes the Education (Publication and Consultation Etc.)(Scotland) Regulations 1981, and establishes an updated and strengthened consultation process that local authorities must apply to all proposals for closures and other major changes to schools.

Amongst the changes to the process are: increasing the statutory consultation period (from 28 days to six weeks); extending the list of statutory consultees to include pupils, teachers, community planning partnerships and community councils; introducing a transparent mechanism for dealing with allegations of inaccuracies or omissions in the local authority''s proposal paper; setting out a formal role for Her Majesty''s Inspectorate of Education in every consultation, and allowing additional time to enable the community to respond to the authority''s report before the final decision is taken.

Question reference: S3W-30183

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 17 December 2009
Current Status: Answered by Michael Russell on 14 January 2010

To ask the Scottish Executive what scope it has to intervene in a local authority consultation in relation to a proposed school closure if the Scottish Government believes that the consultation is flawed, is based on an incorrect premise or if it receives a report to that effect.

Under the Education (Publication and Consultation Etc.) (Scotland) Regulations 1981, Scottish ministers involvement in local authority consultations on school closures is restricted to the following arbitrary circumstances:

Where primary pupils are involved and the alternative schools is five or more miles distant from the school to be closed;

Where secondary pupils are involved and the alternative school is 10 or more miles distant from the school to be closed;

Where the school to be closed is 80% or more full to capacity, at the time the proposal to close is made, and

Where the closure would mean a reduction in denominational education provision in the area, or that there might be significant deterioration in the denominational provision.

In such circumstances, the local authority must refer its decision to close a school to Scottish ministers for consent. These are the only circumstances in which the Scottish Government can become involved in local authority closure proposals.

The Schools (Consultation) (Scotland) Act, which was passed unanimously by Parliament on 19 November 2009, will repeal the 1981 Regulations and introduce a new ministerial power to call in any school closure decision where there is evidence of the local authority failing to comply in a significant way with the requirements set out in the act, or failing to take proper account of a material consideration relevant to its decision.

Question reference: S3W-29801

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Tuesday, 08 December 2009
Current Status: Answered by Stewart Stevenson on 8 January 2010

To ask the Scottish Executive what requirements there are for consultation in advance of the promulgation of a traffic regulation order.

Question reference: S3W-29798

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Tuesday, 08 December 2009
Current Status: Answered by Stewart Stevenson on 8 January 2010

To ask the Scottish Executive whether a traffic regulation order promulgated by a local authority can legally affect more than one locality or whether an individual order must be issued for each specific locality.

Question reference: S3W-29800

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Tuesday, 08 December 2009
Current Status: Answered by Stewart Stevenson on 8 January 2010

To ask the Scottish Executive what bodies are entitled to place an obstruction on a public highway without prior permission of the relevant local authority.

Question reference: S3W-29799

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Tuesday, 08 December 2009
Current Status: Answered by Stewart Stevenson on 8 January 2010

To ask the Scottish Executive what requirements there are for traffic regulation orders to comply with disability discrimination legislation.

Question reference: S3W-29589

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Thursday, 03 December 2009
Current Status: Answered by Alex Neil on 14 December 2009

To ask the Scottish Executive what shared equity schemes for prospective homeowners it is involved with in each of the local area partnership areas in North Lanarkshire; what further schemes are planned, and whether it is aware of any other shared equity schemes operated or planned by other bodies in each of these areas.

The Scottish Government does not hold this information at North Lanarkshire Council''s local area partnership areas. However, through the existing range of Low-cost Initiative for First Time Buyers (LIFT) schemes operated by the government, prospective homeowners across North Lanarkshire have access to the following:

- The New Supply Shared Equity Scheme (NSSE) which allows first time buyers to buy a new build property. A list of shared equity developments receiving government funding is available from the Scottish Government''s website at www.scotland.gov.uk.

- Open Market Shared Equity Pilot (OMSEP) “ a pilot scheme to allow first time buyers to buy a property on the open market.

Regarding further planned schemes, we intend to carry out an independent evaluation of the LIFT shared equity schemes next year, in the meantime, we are reviewing the relative balance of support for the LIFT schemes in the planning of the 2010-11 Affordable Housing Investment Programme.

While we are aware that a number of developers have introduced their own shared equity schemes to assist prospective homeowners, we do not hold information on these initiatives.

Question reference: S3W-29478

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 30 November 2009
Current Status: Answered by Shona Robison on 11 December 2009

To ask the Scottish Executive what legislation or directive prohibits general practitioners and other appropriately qualified medical staff from routinely prescribing heroin.

The Misuse of Drugs (Supply to Addicts) Regulations 1997 require that only medical practitioners who hold a special licence issued by the Home Secretary may prescribe, administer or supply diamorphine (heroin) in the treatment of drug addiction.

General practitioners and other doctors do not require a special licence for prescribing diamorphine for patients for relieving pain form organic disease or injury.

Question reference: S3W-29477

Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
Date lodged: Monday, 30 November 2009
Current Status: Answered by Shona Robison on 11 December 2009

To ask the Scottish Executive since what year general practitioners and other appropriately qualified medical staff have not been allowed to routinely prescribe heroin.