Questions and answers

Question reference: S4W-18336

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Wednesday, 13 November 2013
Current Status: Answered by Liam McArthur on 22 November 2013

To ask the Scottish Parliamentary Corporate Body, further to the answer to question S4W-17869 by Liam McArthur on 8 November 2013, whether notes or a record were taken of the oral legal advice and, if so, whether they will be published.

Question reference: S4O-02656

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Thursday, 21 November 2013
Current Status: Taken in the Chamber on 28 November 2013

To ask the Scottish Parliamentary Corporate Body whether it plans to use committee rooms for exhibitions on a regular basis.

Question reference: S4W-17915

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Monday, 21 October 2013
Current Status: Answered by Kenny MacAskill on 14 November 2013

To ask the Scottish Government what research it has (a) carried out and (b) commissioned on jury deliberations and subsequent verdicts.

The Government commissioned research into jury composition and verdicts in summer 2012. The results of that research were summarised in Appendix B of the Government’s consultation paper entitled “Reforming Scots Criminal Law and Practice: Additional Safeguards Following the Removal of the Requirement for Corroboration”.

The consultation exercise for this paper ran between 19 December 2012 and 15 March 2013. The consultation paper, the non-confidential responses, and an analysis of the responses received can be obtained at:

http://www.scotland.gov.uk/Topics/Justice/legal/criminalprocedure/CarlowayReportConsultation

Question reference: S4W-17869

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Wednesday, 16 October 2013
Current Status: Answered by Liam McArthur (on behalf of the Scottish Parliamentary Corporate Body): on 8 November 2013

To ask the Scottish Parliamentary Corporate Body, further to the answer to question S4W-17337 by Liam McArthur on 2 October 2013, whether it has received legal advice on possible civil proceedings being raised by the member held on remand because of the loss of (a) pay or pension and (b) personal reputation should there be an acquittal or not proven verdict and, if so, whether it will publish this.

Appropriate legal advice was taken on this matter and consideration was given to all the relevant issues before we reached the decision to bring the motion before Parliament.

That advice included oral legal advice on the possibility of civil proceedings for loss of pay in the event of a deduction made under the salary scheme in respect of a member on remand. The SPCB has already published the paper it considered in relation to this matter.

As the SPCB stated in moving the motion on this matter on 10 September 2013 it is examining consequential pension and salary issues in order to identify any adjustments that should be made

Question reference: S4W-17868

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Wednesday, 16 October 2013
Current Status: Answered by Liam McArthur (on behalf of the Scottish Parliamentary Corporate Body): on 8 November 2013

To ask the Scottish Parliamentary Corporate Body, further to the answer to question S4W-17337 by Liam McArthur on 2 October 2013, whether it has received legal advice on pension entitlement for the member held on remand should there be an acquittal or not proven verdict and, if so, whether it will publish this.

Question reference: S4F-01655

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Monday, 04 November 2013
Current Status: Taken in the Chamber on 7 November 2013

To ask the First Minister what the Scottish Government’s position is on Shelter Scotland's statement that around 5,000 children will be housed in temporary accommodation over Christmas and that the law must be changed to enable families to challenge inadequate temporary accommodation.

Question reference: S4F-01616

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Monday, 07 October 2013
Current Status: Taken in the Chamber on 10 October 2013

To ask the First Minister, in light of the Specialist Crime Division's responsibilities for organised crime, counter terrorism and intelligence, what its role will be in relation to the National Crime Agency, which sets the UK's overall operational agenda for tackling these matters.

Question reference: S4W-17337

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Friday, 20 September 2013
Current Status: Answered by Liam McArthur on 2 October 2013

To ask the Scottish Parliamentary Corporate Body whether the amendment to the Parliament’s salary scheme to include the deduction of a member’s salary by 90% if on remand is ECHR compliant and whether the salary deducted plus any notional interest accruing together with pensionable service and entitlement will be payable if the member is not subsequently given a prison sentence or convicted.

Appropriate legal advice was taken on this matter and consideration was given to all the relevant issues before we reached the decision to bring the motion before Parliament.

The core principle behind the motion remains the availability of a Member, whilst in prison, to carry out the clear majority of the tasks for which he or she is paid. This applies equally to any such person on remand as it does to others imprisoned.

The SPCB is examining consequential pension and salary issues in order to identify any adjustments that should be made.

Question reference: S4W-17160

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Thursday, 12 September 2013
Current Status: Answered by Kenny MacAskill on 25 September 2013

To ask the Scottish Government, further to the answer to question S4W-05956 by Kenny MacAskill on 8 March 2013, how many (a) investigations have been carried out and (b) control notices have been issued by each local authority in each year since 5 March 2012.

Based on the most recent information provided to the Scottish Government by individual local authorities, the following table provides a breakdown of the number of investigations carried out and the number of Dog Control Notices served by each local authority during the period 27 February 2012 to 26 February 2013. The Control of Dogs (Scotland) Act 2010 came into force on 26 February 2011 and so the period covered in the table below represents the second full year of operation of the 2010 Act.

Local Authority	Number of Dog Control Notices served during period 27 February 2012 to 26 February 2013	Number of investigations conducted during period 27 February 2012 to 26 February 2013
Aberdeen City Council	4	317
Aberdeenshire Council	14	198
Angus Council	0	80
Argyll and Bute Council	5	43
Clackmannanshire Council	0	51
Dumfries and Galloway Council	4	17
Dundee City Council	0	136
East Ayrshire Council	9	17
East Dunbartonshire Council	0	20
East Lothian Council	4	5
East Renfrewshire Council	0	1
Edinburgh City Council	4	164
Falkirk Council	4	82
Fife Council	37	159
Glasgow City Council	1	5
Highland Council	8	38
Inverclyde Council	1	3
Midlothian Council	1	39
Moray Council	0	99
North Ayrshire Council	1	24
North Lanarkshire Council	0	13
Orkney Council	0	1
Perth and Kinross Council	1	36
Renfrewshire Council	9	89
Scottish Borders Council	8	35
Shetland Islands Council	2	9
South Ayrshire Council	0	21
South Lanarkshire Council	4	48
Stirling Council	1	8
West Dunbartonshire Council	7	55
West Lothian Council	18	214
Western Isles Council	0	53
Total	147	2,080

Question reference: S4W-17063

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Tuesday, 10 September 2013
Current Status: Answered by Richard Lochhead on 19 September 2013

To ask the Scottish Government, further to the answers to questions S4W-03974, S4W-10157 and S4W-11225 by Richard Lochhead on 21 November 2011, 12 November 2012 and 28 November 2012 respectively, whether it plans to introduce secondary legislation under the Animal Health and Welfare (Scotland) Act 2006 regarding the (a) sale of pets, including internet sales, (b) use of animal sanctuaries, (c) use of wild animals in circuses, (d) regulation of equine establishments, (e) use of electronic shock collars for dog training and (f) breeding and sale of dogs and, if so what the timetable is.

The Scottish Government met with stakeholders on 22 March to discuss the sale of pets, including internet sales, and we are currently considering what further action might be taken.

A consultation regarding a possible ban on the use of wild animals in circuses has been drafted; we are currently awaiting clarification of the legal position of any ban before issuing.

An informal survey on the matter of equine establishments was carried out in 2012. A number of options are currently under consideration.

The latest Defra-funded research into the effect of electronic shock collars found no evidence of long-term or significant harm to dog welfare. Based on this evidence the Scottish Government do not believe that there are sufficient grounds for a ban.

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