- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Monday, 25 February 2002
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Current Status:
Answered by Ross Finnie on 11 March 2002
To ask the Scottish Executive whether it has received any research entitled "The Conflicting Government 1959 and 1967 Statements on Trespass" from Alan Blackshaw, OBE, VRD of Newtonmore, Inverness-shire, and what its position is on this research and Mr Blackshaw's conclusions and, in particular, on whether there is a law of trespass in Scotland.
Answer
I am aware of the research conducted by Mr Blackshaw relating to the current legal position in respect of access by the public to land. The conflicting evidence on this subject to the Justice 2 Committee from Mr Blackshaw and others, including the Law Society of Scotland, reinforces our view of the need for legislation to establish clear rights of responsible access as set out in Part 1 of the Land Reform (Scotland) Bill.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Monday, 11 February 2002
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Current Status:
Answered by Lewis Macdonald on 11 March 2002
To ask the Scottish Executive whether it will ensure that BEAR Scotland Ltd meets representatives of the community in Mallaig in relation to the complaints from Mallaig Community Council in regard to the condition of the A830, and whether it will require BEAR Scotland Ltd to produce an action plan for the community of Mallaig to deal with pot holes and repairs to the A830 trunk road.
Answer
BEAR Scotland Ltd. met with representatives of Mallaig Community Council on 20 February 2002 to discuss their concerns regarding the condition of the A830, in particular the section of the road east of Arisaig.To address those concerns, a structural maintenance scheme has been identified for implementation this autumn. An interim strategy to undertake urgent repairs and increase the frequency of safety inspections, has also been formulated to ensure road safety is maintained.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Thursday, 28 February 2002
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Current Status:
Answered by Elaine Murray on 7 March 2002
To ask the Scottish Executive what progress has been made on its commitment to promote an annual award for the best publicly-funded building; who is being asked to put forward nominations; when the first award will be made; what the award will be; whether buildings built under Public/Private Partnership schemes will be eligible; what consultation there has been as to the award and the process to be followed in relation to it, and whether the award will be judged by it or by an independent body or person and, if the latter, who that person or body will be.
Answer
The creation of an annual Scottish award for best publicly funded building is one of a number of initiatives to which the Executive is committed under the policy on architecture. How we take this forward is currently under consideration. At the moment, Scottish projects are eligible for the Prime Minister's Better Public Buildings Award, which is a UK-wide scheme.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Friday, 08 February 2002
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Current Status:
Answered by Lewis Macdonald on 7 March 2002
To ask the Scottish Executive when it will reply to my letter of 27 December 2001, to the Minister for Enterprise, Transport and Lifelong Learning in respect of the Scottish Transport Group.
Answer
A reply to your letter was issued on 6 March 2002.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Thursday, 13 December 2001
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Current Status:
Answered by David Steel on 6 March 2002
To ask the Presiding Officer, further to his answer to question S1W-20306 on 7 December 2001, whether copies of the invoices in respect of each of the five payments will be placed in the Scottish Parliament Information Centre.
Answer
The Parliament has received legal advice that the documents requested should not be placed in the Scottish Parliament Information Centre while the SPCB's rights and entitlements are still being evaluated, as they may form part of the productions in any litigation which may follow.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Friday, 23 November 2001
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Current Status:
Answered by David Steel on 6 March 2002
To ask the Presiding Officer whether a copy of the contract with Flour City Architectural Metals (UK) Ltd will be placed in the Scottish Parliament Information Centre.
Answer
The Parliament has received legal advice that the documents requested should not be placed in the Scottish Parliament Information Centre while the SPCB's rights and entitlements are still being evaluated, as they may form part of the productions in any litigation which may follow.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Friday, 23 November 2001
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Current Status:
Answered by David Steel on 6 March 2002
To ask the Presiding Officer who the receiver for Flour City Architectural Metals (UK) Ltd is and whether that receiver has also been appointed as receiver in respect of the parent company of Flour City Architectural Metals (UK) Ltd; what contact the Parliament or principal contractor for the Holyrood Project has had with the receiver for Flour City Architectural Metals (UK) Ltd; when any such contact was made, and whether copies of any correspondence relating to any such contact will be placed in the Scottish Parliament Information Centre.
Answer
The Parliament has received legal advice that the documents requested should not be placed in the Scottish Parliament Information Centre while the SPCB's rights and entitlements are still being evaluated, as they may form part of the productions in any litigation which may follow. The appointed receiver for Flour City Architectural Metals (UK) Ltd. is D. J. Manning. The appointment is only in respect of Flour City Architectural Metals (UK) Ltd and not the parent company, which was still trading as at 1 March 2002. The Convener of the Holyrood Progress Group has confirmed that the Holyrood Project Team and the Project Construction Managers, Bovis Lend Lease Scotland Ltd, were in contact with the appointed receiver to exchange relevant information, immediately following the demise of Flour City Architectural Metals (UK) Ltd.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Friday, 23 November 2001
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Current Status:
Answered by David Steel on 6 March 2002
To ask the Presiding Officer whether the tender document submitted by Flour City Architectural Metals (UK) Ltd will be placed in the Scottish Parliament Information Centre.
Answer
The Parliament has received legal advice that the documents requested should not be placed in the Scottish Parliament Information Centre while the SPCB's rights and entitlements are still being evaluated, as they may form part of the productions in any litigation which may follow.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Monday, 11 February 2002
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Current Status:
Answered by Allan Wilson on 5 March 2002
To ask the Scottish Executive whether it will require the Scottish Agricultural College to reconsider its proposals in regard to Auchincruive.
Answer
The Scottish Agricultural College is currently still developing its proposals. No decisions have been taken and their final plans have yet to be submitted to ministers. When they are we will give them full and careful consideration.
- Asked by: Fergus Ewing, MSP for Inverness East, Nairn and Lochaber, Scottish National Party
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Date lodged: Thursday, 13 December 2001
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Current Status:
Answered by David Steel on 5 March 2002
To ask the Presiding Officer, further to his answer to question S1W-19154 on 14 November 2001, on what date Flour City Architectural Metals (UK) Ltd was required to submit a performance bond; who was responsible for ensuring that Flour City fulfilled that obligation; what steps were taken to seek performance of that obligation and when any such steps were taken; whether the absence of the performance bond will result in sub-contractors of Flour City not receiving payments of their accounts, and whether the principal contractors have any liability towards these sub-contractors.
Answer
The Project's construction manager, Bovis Lend Lease Ltd, actively pursued a performance bond from Flour City Architectural Metals (FCAM) (UK) Ltd, during the period April-July 2001, in anticipation of the full Trade Contract being concluded. Once in place however, the Trade Contract required submission of an agreed performance bond by 17 August 2001. When this was not provided the relevant "notice of failure" was issued on 30 August 2001. Shortly after "notice of failure", a meeting was held with FCAM (International) senior management and a further deadline, of 14 September 2001, was set for provision of a performance bond. This deadline was not met and "notice of intention to terminate contract" was duly issued to FCAM (UK) Ltd on 26 September 2001. The performance bond was a requirement of the contract between the Scottish Parliamentary Corporate Body and FCAM (UK) Ltd, and has no bearing on contracts between FCAM (UK) Ltd and its subcontractors. The SPCB has no contractual liability to FCAM (UK) Ltd's subcontractors.
