- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Friday, 06 December 2002
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Current Status:
Answered by Jim Wallace on 20 January 2003
To ask the Scottish Executive what representations it has received concerning the protection afforded by the 110-day rule, or its equivalent, for suspects arrested under a European arrest warrant.
Answer
Whilst some members have raised in questions and debate the issue of the 110-day rule for suspects arrested under the European arrest warrant, no specific representations have been received on this issue.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Friday, 06 December 2002
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Current Status:
Answered by Jim Wallace on 20 January 2003
To ask the Scottish Executive whether any representations have been made to it on the European Union Council Framework Decision 2002/584/JHA on the European arrest warrant and, if so, what representations it has received and from whom.
Answer
No such representations have been received. I refer the member to the answer given to question S1W-32404 today. 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.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Tuesday, 07 January 2003
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Current Status:
Answered by Jim Wallace on 20 January 2003
To ask the Scottish Executive, further to the answer to question S1W-30468 by Mr Jim Wallace on 10 October 2002, what stage the discussions between Scottish Borders Council and the Scottish Court Service have reached and when it expects (a) those discussions to be concluded and (b) the consultation paper on the future of sheriff court facilities at Peebles to be issued.
Answer
I have asked John Ewing, Chief Executive of the Scottish Court Service to respond. His response is as follows.The discussions between the Scottish Court Service and Scottish Borders Council on the possible use of the court buildings in Rosetta Road for court purposes are continuing. The Scottish Court Service believes that with appropriate modifications the council buildings could be used for the sheriff court. However, agreement has still to be reached with the council on the modifications required. Alternative options are under examination but it is not possible to say when the discussions will be concluded. Agreement on certain key issues has yet to be reached. Since it is hoped that court services can be retained in Peebles, the consultation exercise envisaged previously would only commence if the outstanding issues between the Scottish Court Service and Scottish Borders Council cannot be agreed. If agreement can be reached the means by which the administrative services of the sheriff court would be delivered in Peebles will be subject to discussion with interested parties.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Tuesday, 07 January 2003
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Current Status:
Answered by Jim Wallace on 20 January 2003
To ask the Scottish Executive what additional costs have been incurred to the public purse since the closure of Peebles Sheriff Court.
Answer
No information is held centrally on any additional costs arising since the closure of Peebles Sheriff Court. Given the low level of business transacted in the sheriff court any additional costs are unlikely to be significant.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Thursday, 09 January 2003
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Current Status:
Answered by Margaret Curran on 20 January 2003
To ask the Scottish Executive what assessment it has made of the impact on poverty of paragraph 20342, "Averaging the hours", of amendment 5 of February 2002 to the Department for Work and Pensions' Decision Makers' Guide, whereby many seasonal workers will not be able to claim jobseeker's allowance, and what representations it will make to Her Majesty's Government on this matter.
Answer
Amendments to the Decision Makers' Guide are the responsibility of the Department for Work and Pensions (DWP). The DWP has informed me that no amendment was made to paragraph 20342 of this guide in February 2002.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Friday, 06 December 2002
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Current Status:
Answered by Jim Wallace on 9 January 2003
To ask the Scottish Executive what information it has concerning the application of minimum procedural standards throughout the European Union in relation to the European arrest warrant in order to inform its own practice.
Answer
None. We understand that the European Commission is undertaking a review of procedural safeguards for suspects and defendants in criminal proceedings, that the review is continuing, and that it is the intention of the Commission to issue a green paper on the subject sometime in the new year.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Friday, 06 December 2002
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Current Status:
Answered by Jim Wallace on 9 January 2003
To ask the Scottish Executive what legal advice it has received on the European Union Council Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between member states with regard to its implementation in Scots law and the powers it has with regard to the implementation of the decision.
Answer
We have been advised that the subject matter of the framework decision is reserved. Its implementation is therefore a matter entirely for the UK Government.I refer the member to the answer given to question S1W-32291 on 16 December 2002. 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.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Tuesday, 10 December 2002
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Current Status:
Answered by Hugh Henry on 23 December 2002
To ask the Scottish Executive, further to the answer to question S1W-30691 by Dr Richard Simpson on 8 November 2002, what consideration it has given, in drafting amendments to the Extradition Bill in respect of the European arrest warrant, to the decision of the English High Court of Justice in R ex parte Ramda v Secretary of State for the Home Department (27 June 2002) in which the court stated that since the European Court of Human Rights is not a court of appeal and there is no recourse to it as of right, the Home Secretary was not justified in relying on the European court to correct any eventual failure on the part of a foreign country to accord a fair trial to a person extradited to that country.
Answer
Clause 21 of the bill makes it clear that before the sheriff can make a decision ordering the person's extradition, he must be satisfied that the extradition would be compatible the person's Convention rights, including the article 6 right to a fair trial.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Tuesday, 10 December 2002
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Current Status:
Answered by Hugh Henry on 19 December 2002
To ask the Scottish Executive what information it has received about the procedure by which a publisher in Scotland would be able to seek to contest an order made under clause 59(3) or 69(3) of the Criminal Justice Bill on the grounds of too great a restriction on reporting.
Answer
The legislation does not specify who may make an application contesting the extent of the restriction and so it will be open to the media as well as a party to the case to submit an application to the court.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 11 December 2002
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Current Status:
Answered by Allan Wilson on 19 December 2002
To ask the Scottish Executive what contingency plans it has to support fishing communities in the event of a ban on cod fishing.
Answer
The Executive remains committed to ensuring a viable future for the communities that depend on the Scottish fishing industry and we will not agree to a ban on cod fishing. In the context of the cuts that are being proposed, the Executive would have a key role in dealing with their wider economic impact. For example, each local enterprise company has a remit to support business and skills development in order to strengthen local economies.
