Scottish Executive

2014 Commonwealth Games

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive, if it is successful in its bid to host the 2014 Commonwealth Games, whether Scotland, as the host nation, can nominate sports for inclusion in the Games and, if so, whether it will nominate rugby union for inclusion and locate the competition in the Scottish Borders.

Patricia Ferguson: The information requested on the Commonwealth Games Sports Programme can be found at the following URL as at 26 January 2006 http://www.thecgf.com/faq/faq12.asp

Men’s rugby 7’s is one of the compulsory sports in the Commonwealth Games Sports Programme.

The Scottish Executive and Glasgow City Council have received advice from the Commonwealth Games Council for Scotland indicating that the prospects for Scotland’s bid to be successful are maximised if the events venues are as close together as possible and if the use of these facilities is maximised where possible.

Therefore it is likely that, should Scotland be successful in its bid to host the 2014 Commonwealth Games, the majority of sporting events would be based within or close to Glasgow and this includes the rugby 7’s event. All of the bid partners are committed to ensuring the games, if awarded to Glasgow, involve and benefit the whole of Scotland. Benefits will accrue not just from the particular location of an event but also from the siting of training camps and holding camps.

Air Services

Mr Jim Wallace (Orkney) (LD): To ask the Scottish Executive, further to the answer to question S2W-21090 by Tavish Scott on 20 December 2005, whether Highlands and Islands Airports Ltd records the passenger/crew details of chartered or private flights arriving from outwith EC countries, notwithstanding the absence of any requirement to do so.

Tavish Scott: Highlands and Islands Airports Ltd may in certain circumstances, for example in the event of a health and safety incident or disorderly behaviour on the part of a disembarking or embarking passenger, record information on passengers/crew of chartered or private flights arriving from outwith EC countries.

Mr Jim Wallace (Orkney) (LD): To ask the Scottish Executive, further to the answer to question S2W-21090 by Tavish Scott on 20 December 2005, whether Highlands and Islands Airports Ltd has any record of planes with aircraft registration numbers N187D, N168BF, N1HC, N8183J, N2189M, N221SG, N33NJ, N315CR, N470JF, N212AZ, N1016M, N581GA, N822US, N379P, N8068V, N44982, N4476S or N313P arriving from outwith EC countries since 2000 and, where it has any such record, what the (a) date of arrival, (b) point of original departure, (c) onward destination and (d) date and time of departure was of each aircraft.

Tavish Scott: Highlands and Islands Airports Ltd has no record of these aircraft having used its airports since 2000.

Bridges

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive whether it has identified a route, or routes, for a possible replacement Forth Road Bridge and, if so, whether any such routes have been safeguarded for future development.

Tavish Scott: No proposals or routes for a possible replacement crossing have been identified. The Scottish Executive owns land in North and South Queensferry which was purchased in the 1990s when proposals for a second Forth Road Bridge were being considered at that time.

Energy

Mr Andrew Arbuckle (Mid Scotland and Fife) (LD): To ask the Scottish Executive how it intends to achieve the EU 2% target of energy creation from biofuel by 2010.

The Executive have supplied the following corrected answer:

Nicol Stephen: This issue is devolved to the Scottish Executive. However, given the single UK fuel market in which we operate, we have agreed to a UK-wide target for the uptake of biofuels. EU Directive 2003/30/EC on the promotion of the use of biofuels or other renewable transport fuels requires member states to set targets for biofuel sales in 2005 and 2010. The Directive also set non-binding "reference" values for member states to take into account in setting their own sale targets; they are respectively 2% for 2005 and 5.75% for 2010. The UK Government has set a UK-wide renewable transport fuel target for 2005 of 0.3% of total fuel sales.

The Scottish Executive is involved, through my membership of the Ministerial Low Carbon Group (MLCG), in work at a UK level looking into ways to promote the development, introduction and take-up of low carbon vehicles and fuels. The MLCG published its second annual report in October 2004 and a copy is available from the Scottish Parliament Information Centre (Bib number 35679).

The Department for Transport has recently commissioned a feasibility study on the possible introduction of a Renewable Transport Fuel Obligation (RTFO) for biofuels and other renewable transport fuels, and is currently consulting with stakeholders at UK level. The Scottish Executive is closely following this work and considering its implications for Scotland.

In Scotland, the Executive is supporting Scotland’s first large-scale biodiesel plant by the Argent Group. The plant is likely to increase biofuel sales in Scotland.

Firearms

Jeremy Purvis (Tweeddale, Ettrick and Lauderdale) (LD): To ask the Scottish Executive how many incidents of possession of a firearm were considered by summary trial in (a) 2004 and (b) 2005, broken down by sheriffdom.

Cathy Jamieson: The available information is given in the table. Figures for 2004-05 are planned for publication in April 2006.

Persons Proceeded Against for Possession of a Firearm¹, by Summary Trial in Scottish Courts, 2003²

Notes:

1. Where main offence.

2. Includes estimated data.

Jeremy Purvis (Tweeddale, Ettrick and Lauderdale) (LD): To ask the Scottish Executive how many incidents of possession of a firearm were considered by trial on indictment in (a) 2004 and (b) 2005, broken down by sheriffdom.

Cathy Jamieson: The available information is given in the table. Figures for 2004-05 are planned for publication in April 2006.

Persons Proceeded Against for Possession of a Firearm¹, by Trial on Indictment in Scottish Courts, 2003²

Notes:

1. Where main offence.

2. Includes estimated data.

Jeremy Purvis (Tweeddale, Ettrick and Lauderdale) (LD): To ask the Scottish Executive how many convictions there were for possession of a firearm in (a) 2004 and (b) 2005, broken down by sheriffdom.

Cathy Jamieson: The available information is given in the table. Figures for 2004-05 are planned for publication in April 2006.

Persons with a Charge Proved for Possession of a Firearm¹ in Scottish Courts, 2003²

Notes:

1. Where main offence.

2. Includes estimated data.

G8 Summit

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S2W-21829 by Mr Tom McCabe on 24 January 2006, whether the £70,866 cost of engaging the services of SQW Economic Consultants to investigate the economic impact of hosting the 2005 G8 summit at Gleneagles includes the cost of employing TNS Media Intelligence to analyse media coverage of the same event.

Mr Tom McCabe: The £70,866 figure given in the answer to question S2W-21829 includes the cost of employing TNS Media Intelligence to analyse media coverage.

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it commissioned TNS Media Intelligence to analyse media coverage of the 2005 G8 summit at Gleneagles and, if not, who engaged TNS for this purpose.

Mr Tom McCabe: TNS Media Intelligence were engaged by SQW Economic Consultants to analyse media coverage of the 2005 G8 summit at Gleneagles. The Scottish Executive subsequently contracted TNS Media Intelligence directly for this analysis to be extended to some additional countries.

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive how much TNS Media Intelligence was paid to analyse media coverage of the 2005 G8 summit at Gleneagles.

Mr Tom McCabe: TNS Media Intelligence were paid £10,845.25 by SQW Economic Consultants to analyse media coverage of the 2005 G8 summit at Gleneagles. The Scottish Executive subsequently contracted TNS directly for this analysis to be extended to some additional countries and paid them £12,116.48. Both these figures include VAT.

Mental Health

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive how many people were detained under the (a) Mental Health (Scotland) Act 1984 and (b) Criminal Procedure (Scotland) Act 1995 in 2004-05, broken down by local authority area.

Lewis Macdonald: Details on detention numbers for Mental Health (Scotland) Act 1984 and Criminal Procedures (Scotland) Act 1995 in 2004-05, broken down by Health Board area and local authority can be found in the tables entitled Mental Health Detentions 2004-2005, copies of which are available in the Scottish Parliament Information Centre (Bib. number 38771).

Parliamentary Questions

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive when it will provide a substantive answer to parliamentary question S2W-21186 which received a holding reply on 13 December 2005.

Ms Margaret Curran: The parliamentary question was answered on 27 January 2006.

People with Learning Disabilities

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what assistance is available for young people with learning disabilities to help them to transfer from further education to employment.

Allan Wilson: Careers Scotland, in partnership with further education (FE) college guidance and support services, provides a range of employability services including key worker support for those young people who need additional help. This helps prepare young people, including those with learning disabilities, to move from further education into employment.

FE colleges offer programmes and courses designed to develop the skills required to help disabled students progress into vocational training or employment.

Planning

Euan Robson (Roxburgh and Berwickshire) (LD): To ask the Scottish Executive what powers local authorities have to levy charges in respect of planning gain before a planning application has been approved or before legislation, such as a bill to reinstate a railway, has received Royal Assent.

Malcolm Chisholm: Under section 75 of the Town and Country Planning (Scotland) Act 1997, a planning authority may enter into an agreement for the purpose of regulating the development or use of a particular piece of land. The agreement is with anyone who has an interest in that land. Section 75 agreements may provide for financial payments by developers. These can contribute to the cost of providing necessary facilities required in the near future as a consequence of or in connection with the development.

Section 69 of the Local Government (Scotland) Act 1973 is a general power for local authorities to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of their functions. This enables local authorities to enter into a wide range of agreements, which can include agreements with developers to levy charges in relation to specific development. Such agreements must, however, be ancillary to some function of the local authority. In the context of development, they could be related to the specific development, or, more widely, to the general well-being of the area.

Police

Mr Stewart Maxwell (West of Scotland) (SNP): To ask the Scottish Executive whether it has any plans to allow the retention of DNA samples taken from people who voluntarily give samples for elimination purposes to assist in a police investigation.

Cathy Jamieson: The police can already retain DNA samples from people who voluntarily provide them to the police, provided they have the written consent of the person who provided the sample. That consent may be withdrawn in writing at any time.

The Executive has no plans to change this position.

Pre-School Education

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive how many nursery schools and early years centres do not have a qualified nursery teacher.

Robert Brown: At January 2005 there were 2,836 pre-school education centres, of which 1,222 did not have any General Teaching Council registered teachers.

The Executive has issued guidance on the involvement of teachers in pre-school education which recognises the distinctive contribution that teachers can make, but which provides for considerable flexibility at local level in the way they are deployed. Providers are not required to have a teacher to deliver pre-school education.

Prison Service

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S2W-21858 by Cathy Jamieson on 20 January 2006 and whilst question S2W-20863 did relate directly to the contract between the Scottish Prison Service (SPS) and Kilmarnock Prison Services Ltd, why questions S2W-21260 and S2W-21858, which did not, were answered by the Chief Executive of the SPS.

Cathy Jamieson: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

Question S2W-21858 asked why the Chief Executive of the Prison Service had replied to S2W-21260. It was appropriate therefore for me to respond.

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive, further to the answers to questions S2W-21863 and S2W-21858 by Cathy Jamieson on 20 January 2006, why the answers are identical, given that they were answered respectively by the Minister for Justice and by the Chief Executive of the Scottish Prison Service on the minister’s behalf.

Cathy Jamieson: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

The answer to S2W-21858 contained a typographical error in line three where "him" should have read "me".

Rendition Flights

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive what duty the Lord Advocate has, in his capacity as a member of the Executive, to investigate allegations that rendition flights may have landed at Wick and Inverness airports, given the Executive’s position as owner and sole shareholder of Highlands and Islands Airports Ltd.

Colin Boyd QC: The investigation and prosecution of crime is a matter for the police, the Procurator Fiscal and the Lord Advocate. Section 48 of the Scotland Act provides that any decision of the Lord Advocate in his capacity as head of the systems of criminal prosecution and investigation of deaths shall continue to be taken by him independently of any other person.

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive whether there is a conflict of interest between the Lord Advocate’s role as a member of the Executive and his legal capacity as Scotland’s senior law officer with responsibility for legal advice to the Executive, in view of the Executive’s position as owner and sole shareholder of Highlands and Islands Airports Ltd and the allegations that rendition flights may have landed at Wick and Inverness airports.

Colin Boyd QC: No. There is no conflict of interest. Law Officers have always been members of either the UK Government or, following devolution by virtue of s44 of the Scotland Act 1998, the Scottish Executive. Where consulted they give impartial and professional advice.

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S2W-22351 by Colin Boyd QC on 24 January 2006, who would find it unhelpful to speculate as to information which would constitute a credible allegation in respect of the on-going allegations that US agencies have been using the process of "extraordinary rendition", unlawfully facilitated through various Scottish airports.

Colin Boyd QC: I would reiterate that speculation, meaning as it does, reasoning based on inconclusive evidence, conjecture or supposition, is not helpful. As has been stated previously in my answer to S2W-22351, no specific, credible or reliable information has, to date, been brought to the attention of the police that the "extraordinary rendition" of any individual has been unlawfully facilitated through a Scottish airport. The police will carefully consider any information provided to them and will commence an investigation if there is specific information which justifies a criminal investigation.

Scottish Executive Procurement

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it or any of its agencies have signed any contracts with other individuals, agencies or organisations in which failure to meet a particular contractual commitment is not defined as a breach of contract.

Mr Tom McCabe: As information on particular contractual commitments relating to every contract signed by the Executive and its agencies is not held centrally by the Executive, the answer to the question could only be provided at disproportionate cost.

Transport

Rosie Kane (Glasgow) (SSP): To ask the Scottish Executive how many PPP or PFI transport projects it has funded since 1999; how many it intends to fund in future years, and whether it will provide details of the nature of each project, its capital cost and the expected annual payment to the provider of the infrastructure.

Mr Tom McCabe: Information on PPP projects in Scotland, including transport projects, can be found on the Scottish Executive Financial Partnerships Unit’s website at: http://www.scotland.gov.uk/ppp.

All Scottish Executive major infrastructure projects requiring significant long-term investment, including transport projects, will undergo a Value for Money assessment in order to identify those suitable for the PPP procurement route.

Information on the estimated annual unitary payment to the PPP consortium for each of the transport PPP projects from 1999-2000 to 2005-06 is given in the following table:

Estimated Annual Unitary Charge (£ Million)

Wildlife

Mr Mark Ruskell (Mid Scotland and Fife) (Green): To ask the Scottish Executive, further to the answer to question S2W-21559 by Rhona Brankin on 21 December 2005, whether it is aware of any killing of mountain hare, other than under the licences specified.

Rhona Brankin: It is known that the shooting of mountain hares takes place in Scotland. In terms of Article 15 of the Habitats Directive, it is only an offence to kill a mountain hare using an indiscriminate means of killing capable of causing the local disappearance of, or serious disturbance to, the species. Shooting mountain hares does not constitute such an indiscriminate means.

Mr Mark Ruskell (Mid Scotland and Fife) (Green): To ask the Scottish Executive, further to the answer to question S2W-21559 by Rhona Brankin on 21 December 2005, what duties are placed on it by virtue of these species being listed on Annexes IV and V of the Habitats Directive.

Rhona Brankin: Article 12 of the Habitats Directive requires that member states take the requisite measures to establish a system of strict protection for the animal species, in their natural range, that are listed in Annex IV (a) of the Directive. These measures must prohibit the capture, killing, disturbance and sale of those species.

Article 15 of the Habitats Directive requires that, with regard to those species of wild fauna listed in Annex V (a) of the Directive, member states shall prohibit the use of all indiscriminate means capable of causing local disappearance of, or serious disturbance to, populations of such species. It prohibits in particular the means of capture and killing and modes of transport listed in Annex VI (a) and Annex VI (b) of the Directive.

Mr Mark Ruskell (Mid Scotland and Fife) (Green): To ask the Scottish Executive, further to the answer to question S2W-21559 by Rhona Brankin on 21 December 2005, how its consideration of applications for licences, the issuing of licences for killing mountain hares and pine martens and any other measures it has in place meet the requirements of the Habitats Directive.

Rhona Brankin: In its consideration of such licence applications, and the issuing of any such licences, the Executive takes account of the three tests outlined in Article 16 of the Directive.

These tests are:

that any licence issued is for a purpose outlined in Article 16 of the Directive;

that there is no other satisfactory solution, and

that the granting of a licence will not be detrimental to maintaining the population of the species concerned at a favourable conservation status in their natural range.

The following questions were given holding answers:

S2W-22610

S2W-22611

S2W-22612

S2W-22613