- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Thursday, 21 August 2008
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Current Status:
Answered by Fiona Hyslop on 26 August 2008
To ask the Scottish Executive, with a view to encouraging people to become active citizens and to empower them through language skills, whether it plans to extend classes in English for speakers of other languages for refugees and women and long-term residents from abroad.
Answer
The adult english for speakers of other languages (ESOL) strategy for Scotland, launched in March 2007 is for all Scottish residents for whom English is not a first language. This includes migrant workers, asylum seekers and refugees as well as settled minority ethnic communities.
In 2007-08 additional funding of £5 million was made available to colleges and community learning and development partnerships which has provided over 5,000 new ESOL places. Further additional funding of £9 million over the three-year period from 2008-11 is expected to create a further 7,000 places. Providers have therefore extended classes to the aforementioned groups of residents.
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Thursday, 05 June 2008
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Current Status:
Answered by Shona Robison on 16 June 2008
To ask the Scottish Executive how many people have received direct payments for social care in each of the last five years, broken down by local authority area.
Answer
This information is available from the latest statistics release,
Direct Payments Scotland 2007, which was published on the Internet on 25 September 2007. The document can be found using the following link:
http://www.scotland.gov.uk/Topics/Statistics/Browse/Health/Publications.
A copy is also available in the Scottish Parliament Information Centre (Bib. number 43799).
The Scottish Government is committed to radically improving the uptake of self-directed support. I recently convened a roundtable on self-directed support to inform government strategy in this area which will consider practical tools to achieve this aim.
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Tuesday, 20 May 2008
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Current Status:
Answered by Kenny MacAskill on 29 May 2008
To ask the Scottish Executive when it intends to implement the recommendations on disclosure contained in Review of the Law and Practice of Disclosure in Criminal Proceedings in Scotland.
Answer
As the Scottish Government announced on 29 April 2008, we will in the near future bring forward legislation to deliver the review''s recommendations on disclosure.
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Tuesday, 20 May 2008
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Current Status:
Answered by Frank Mulholland on 28 May 2008
To ask the Scottish Executive what progress has been made in implementing recommendations 29 and 30 of The ACPOS and Crown Office and Procurator Fiscal Service working group formed to develop joint protocols, as recommended in the Bonomy Report.
Answer
Both recommendations relate to the disclosure of evidence in criminal proceedings by the Crown Office and Procurator Fiscal Service (COPFS) and the Scottish police.
Recommendation 29 suggested that the police and COPFS should commit to a process of full disclosure in all solemn cases in connection with the implementation of High Court Reform in 2005.
Recommendation 30 suggested that COPFS should consider a pilot for routine disclosure of a summary of the Crown case in summary cases.
I am pleased to confirm that both recommendations have been implemented in full, Recommendation 29 was implemented in November 2004 when the then Lord Advocate Lord Boyd issued a Crown Practice Statement in relation to the disclosure of evidence by the Crown in High Court Cases.
The Crown Practice Statement took full effect from 1 January 2005 and continues to apply to all High Court cases indicted on or after 1 April 2005 and was extended to all solemn cases from 1 September 2005.
In relation to Recommendation 30, a successful pilot was conducted in Dumfries and Galloway in 2007 and the new process was rolled out nationally in September 2007 to support the Summary Justice Reform programme. All summary complaints now include a summary of evidence against the accused.
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Wednesday, 30 April 2008
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Current Status:
Answered by Kenny MacAskill on 9 May 2008
To ask the Scottish Executive how many freedom of information requests received by the Scottish Criminal Cases Review Commission since the Freedom of Information (Scotland) Act 2002 came into force have been (a) disclosed in the first instance, (b) refused in the first instance, (c) disclosed after review and (d) refused after review.
Answer
Nineteen requests for information, made under the Freedom of Information (Scotland) Act 2002, have resulted in information being released, while eight have been refused. Two requests resulted in partial disclosure. To date, four requests for review have been received and, in each case, the original decision to withhold information was found to have been correct.
In addition, in one case the SCCRC did not hold the information requested and, in another, the information requested was obtained from another source.
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Wednesday, 30 April 2008
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Current Status:
Answered by Kenny MacAskill on 9 May 2008
To ask the Scottish Executive whether it considers it to be in the public interest to disclose the names of solicitors referred to the Scottish Criminal Cases Review Commission for defective representation.
Answer
Solicitors are not referred to the SCCRC. Once an application has been reviewed by the SCCRC it can be referred to the High Court.
When the court considers a case, the details of that case (including the names of any solicitors or other legal representatives involved) will be contained in any published opinion and will be a matter of public record.
Section 194J of the Criminal Procedure (Scotland) Act 1995 makes it an offence for any member or employee of the SCCRC to disclose information obtained by the SCCRC in the exercise of any of its functions. The possibility of information provided by applicants, witnesses and/or victims subsequently being disclosed, other than in court, could undermine public confidence in the criminal justice system, including the work of the SCCRC. Witnesses and/or people under investigation should not be inhibited or deterred from co-operating in investigations by the possibility that information provided may be disclosed or that their identity is revealed to the public, outwith the protection of the court. Accordingly, such information is not normally made available.
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Wednesday, 30 April 2008
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Current Status:
Answered by Kenny MacAskill on 9 May 2008
To ask the Scottish Executive whether the Scottish Criminal Cases Review Commission holds records of the names of individual solicitors referred to the commission on grounds of defective representation.
Answer
Individual applications from members of the public and/or their legal representatives will include the names of solicitors involved in a case, as will the Statement of Reasons that the Commission provides in relation to each application.
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Wednesday, 30 April 2008
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Current Status:
Answered by Kenny MacAskill on 9 May 2008
To ask the Scottish Executive what constitutes defective representation by solicitors.
Answer
The approach to be taken by the courts in cases in which there is an allegation of defective representation is defined in
Anderson vs H.M. Advocate (1996 SCCR 114). The then Lord Justice General stated that the conduct of the defence by the accused''s legal representative can only provide a ground for appeal if it deprives the accused of a fair trial. He further stated that this can only have occurred where the conduct was such that the accused''s defence was not presented to the court.
This may be because the accused was deprived of the opportunity to present his defence; or because his legal representative acted contrary to his instructions as to the defence he wished to be put forward; or because of other conduct which, because his defence had not been put, had the effect of denying him a fair trial.
In considering applications for review based on defective representation, the SCCRC applies the above approach.
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Wednesday, 30 April 2008
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Current Status:
Answered by Kenny MacAskill on 9 May 2008
To ask the Scottish Executive how many freedom of information requests received by the Scottish Criminal Cases Review Commission since the Freedom of Information (Scotland) Act 2002 came into force have been referred to the Scottish Information Commissioner.
Answer
One such request had been referred to the Scottish Information Commissioner by 31 March 2008.
- Asked by: Bill Kidd, MSP for Glasgow, Scottish National Party
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Date lodged: Wednesday, 30 April 2008
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Current Status:
Answered by Kenny MacAskill on 9 May 2008
To ask the Scottish Executive how many freedom of information requests have been received by the Scottish Criminal Cases Review Commission since the Freedom of Information (Scotland) Act 2002 came into force.
Answer
The Scottish Criminal Cases Review Commission had received a total of 32 such requests by 31 March 2008.