Questions and answers

Question reference: S4W-00528

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 08 June 2011
Current Status: Answered by Kenny MacAskill on 16 June 2011

To ask the Scottish Executive how challenges can be made to decisions by local licensing boards to use their powers under the Licensing (Scotland) Act 2005 to apply for restrictions based on age to licensing applications for off-trade sales.

Question reference: S4W-00525

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 08 June 2011
Current Status: Answered by Kenny MacAskill on 16 June 2011

To ask the Scottish Executive what criteria local licensing boards have to consider before using the powers laid out under the Licensing (Scotland) Act 2005 to apply for restrictions based on age to licensing applications for off-trade sales.

In applying any condition to a premises licence at application or following a review, a licensing board must judge whether the steps are necessary for the promotion of the licensing objectives of preventing crime and disorder; securing public safety; preventing public nuisance; protecting and improving public health; and protecting children from harm.

A board cannot impose any condition which is inconsistent with any condition to which the premises licence is subject by virtue of section 27(1) of the Licensing (Scotland) Act 2005, or prescribed in regulations. A board cannot impose any condition which would have the effect of making any such condition more onerous or more restrictive, or which relates to a matter (such as planning, building control or food hygiene) which is regulated under another enactment.

Statutory Guidance issued by the Government to which licensing boards must have regard also states that in applying other conditions a licensing board should do so in line with its licensing policy and the licensing objectives of the Act. It must also apply conditions fairly across the sector so as not to disadvantage one premises against another. This requirement does not however prevent a licensing board from seeking to tackle a problem particular to a certain premises.

Question reference: S4W-00527

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 08 June 2011
Current Status: Answered by Kenny MacAskill on 16 June 2011

To ask the Scottish Executive what consultation local licensing boards have to carry out before using their powers under the Licensing (Scotland) Act 2005 to apply for restrictions based on age to licensing applications for off-trade sales.

Under the terms of the Licensing (Scotland) Act 2005, before taking a decision on a licensing application a licensing board must invite representations from statutory consultees which include notifiable neighbours; community councils; the local authority; the chief constable; the fire master and, from 1 October 2011, the NHS board. Any other person may submit a representation within the required deadlines for an application hearing. All representations are made available to the applicant before the hearing.

Question reference: S4W-00415

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 01 June 2011
Current Status: Answered by Nicola Sturgeon on 16 June 2011

To ask the Scottish Executive what funding requests for treatments for ultra-orphan diseases it regards as being exceptional.

It is a matter for individual clinical decision in discussion with each patient as to the most appropriate treatment in each case.

Treatment(s) for people with rare diseases may be available locally, regionally, nationally and/or in some cases via UK specialised services through National Services Division of NHS National Services Scotland. Decisions regarding the provision of NHS services are a matter for NHS boards.

As far as medicines are concerned, the Scottish Medicines Consortium (SMC) appraises all newly licensed, prescription only branded medicines for clinical and cost-effectiveness and publishes advice for NHS boards. The SMC operates independently from the Scottish Government and NHS boards are expected to follow SMC advice.

Where a medicine has not been recommended for use within the NHS in Scotland by the SMC, NHS boards are not expected to make it routinely available. However, decisions regarding the provision of NHS services are a matter for NHS boards and all NHS boards have arrangements for clinically-led consideration of SMC “not recommended” medicines, including orphan medicines, for individual patients. The process for such consideration is known as Individual Patient Treatment Requests and clinicians are responsible for clinical decisions regarding the care of individual patients.

Question reference: S4W-00022

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Thursday, 12 May 2011
Current Status: Answered by Fergus Ewing on 15 June 2011

To ask the Scottish Executive whether it will instruct the developers of the Beauly to Denny power line to underground it in the Stirling area.

Scottish ministers have no power to instruct the developers of the Beauly to Denny power line to underground the line, but recognise the need to reduce the impact of the line in the Stirling area. This is why we chose to impose Condition 19 of the consent upon the developer, requiring a Stirling Visual Mitigation Scheme, specifically for the purpose of mitigating the visual impact at Stirling, in addition to a Stirling Rationalisation Scheme, condition 18, to deal with the cumulative impacts of wirescape in the area.

Following submission of formal proposals from Scottish Power Transmissions (SPT) for the Stirling Visual Mitigation Scheme in March 2011, Scottish Ministers issued a request to Scottish Power Transmission and Stirling Council to work together to re-examine all the options, because ministers are determined that all options, including undergrounding have been, or are fully considered before any subsequent proposals are considered.

Question reference: S4O-00057

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 15 June 2011
Current Status: Taken in the Chamber on 23 June 2011

To ask the Scottish Executive what recent discussions it has had with NHS Tayside regarding Ninewells Hospital.

Question reference: S4W-00676

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Friday, 10 June 2011
Current Status: Answered by Nicola Sturgeon on 15 June 2011

To ask the Scottish Executive how many 999 calls have been diverted away from the ambulance crew nearest to the incident in the last year.

Question reference: S4W-00443

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Thursday, 02 June 2011
Current Status: Answered by Nicola Sturgeon on 14 June 2011

To ask the Scottish Executive, in light of the comments of the Cabinet Secretary for Health, Wellbeing and Cities Strategy reported by the BBC on 30 May 2011 in relation to a further review of research on transcatheter aortic valve implantation, who will be involved in the review and what the (a) scope and (b) timescale will be.

There is emerging evidence on the use of transcatheter aortic valve implantation, and as agreed at the time of the original decision, I have asked for a further review to be carried out to assess whether this most up to date research provides more robust evidence about the clinical and cost effectiveness of the treatment.

NHS Scotland’s National Planning Forum (NPF) has asked the Scottish Health Technologies Group to provide support to this review. The scope of this review will be to consider the latest published research. This will enable further consideration of its current recommendation on the clinical and cost effectiveness of the treatment. Clinicians from Scottish cardiac centres will also be involved.

The NPF will agree a timescale for this work when it next meets on 1 July 2011.

Question reference: S4W-00396

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 31 May 2011
Current Status: Answered by Nicola Sturgeon on 13 June 2011

To ask the Scottish Executive how many NHS patients have received healthcare services through private arrangements under the guidance laid out in document CMO(2009)3 in each of the last three years, also broken down by NHS board.

Question reference: S4W-00233

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 25 May 2011
Current Status: Answered by Fergus Ewing on 13 June 2011

To ask the Scottish Executive what studies it has undertaken into the economic impact of RAF Lossiemouth on the Scottish economy.

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