- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 19 May 2003
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Current Status:
Answered by Cathy Jamieson on 4 June 2003
To ask the Scottish Executive whether including HM Prison Kilmarnock in schedule 1A of the Race Relations Act 1976 by an order under section 71(5) of the act would constitute prison legislation altering the costs incurred by the contractor in fulfilling its obligations under the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Ltd for the Design, Construction, Managing and Financing of a Prison at Kilmarnock and therefore require a variation of price under section 33 of the minute of agreement.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:No.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 19 May 2003
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Current Status:
Answered by Andy Kerr on 4 June 2003
To ask the Scottish Executive what steps it will take to ensure that the contracts for all existing public private partnerships projects, including those made by public authorities other than by it, are available to the Parliament subject to deletion of matters that are commercially confidential.
Answer
All public authorities should comply with best practice on openness. The majority of PPP projects are with public authorities other than the Scottish Executive. It is the responsibility of individual public authorities to develop their own proposals for making relevant documents to their PPP projects publicly available. Information should only be withheld where disclosure would cause real harm to the legitimate commercial or legal interests of suppliers, contractors, the public sector client or any other relevant party.In due course ministers will issue a code of practice under section 60 of the Freedom of Information (Scotland) Act 2002. This will provide guidance to authorities on discharging their responsibilities under the act.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 19 May 2003
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Current Status:
Answered by Margaret Curran on 4 June 2003
To ask the Scottish Executive whether including existing public private partnership schools in schedule 1A of the Race Relations Act 1976 by an order under section 71(5) of the act would constitute either a discriminatory change of law or a specific change of law, as defined in the Scottish Schools Standard PPP Contract
Answer
Only the Secretary of State has the power to make an order under 71(5) and therefore, any question of extending Schedule 1A is a matter for the UK Parliament.It is for the courts to interpret the Scottish Schools Standard PPP Contract (SSSC), as with any other contract, if and when an issue is presented. Although the SSSC is a standardised contract, there are project specific issues and the SSSC is completed and agreed individually for each Schools PPP project. Interpretation of one clause may depend upon other parts of the contract.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 19 May 2003
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Current Status:
Answered by Cathy Jamieson on 4 June 2003
To ask the Scottish Executive, further to the answer to question S1W-27403 by Mr Jim Wallace on 2 August 2002, whether it has received any further notices under paragraph 6.8 of the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Ltd for the Design, Construction, Management and Financing of a Prison at Kilmarnock and, if so, what the date was of any such notice.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:Yes. The notice was dated 30 January 2003.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 19 May 2003
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Current Status:
Answered by Tavish Scott on 4 June 2003
To ask the Scottish Executive what criteria it will use to determine which operators of private prisons will be designated as public authorities under section 5 of the Freedom of Information (Scotland) Act 2002.
Answer
I refer the member to the answer given to question S2W-278 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: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 19 May 2003
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Current Status:
Answered by Tavish Scott on 4 June 2003
To ask the Scottish Executive what criteria it will use to determine which operators of public private partnership hospitals will be designated as public authorities under section 5 of the Freedom of Information (Scotland) Act 2002.
Answer
I refer the member to the answer given to question S2W-278 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: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 19 May 2003
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Current Status:
Answered by Andy Kerr on 4 June 2003
To ask the Scottish Executive whether designation of operators of existing public private partnership schools as public authorities under section 5 of the Freedom of Information (Scotland) Act 2002 would constitute either a discriminatory change of law or a specific change of law, as defined in the Scottish Schools Standard PPP Contract.
Answer
Although the Scottish Schools Standard PPP Contract (SSSC) is a standardised contract, there are project specific issues and the SSSC is tailored into a contract which is agreed individually for each Schools PPP project. It is for the courts to interpret any contract if and when an issue is presented. Interpretation of one clause may depend upon other parts of the contract.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 19 May 2003
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Current Status:
Answered by Tavish Scott on 4 June 2003
To ask the Scottish Executive what criteria it will use to determine which operators of public private partnership schools will be designated as public authorities under section 5 of the Freedom of Information (Scotland) Act 2002.
Answer
No such criteria have yet been drawn up. As indicated to Parliament during the passage of the Freedom of Information (Scotland) Act 2002, the power to designate private companies exercising public functions as a public authority for the purpose of the act is one that we intend to exercise in due course.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 12 May 2003
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Current Status:
Answered by Cathy Jamieson on 3 June 2003
To ask the Scottish Executive, further to the answer to question S1W-33575 by Mr Jim Wallace on 24 March 2003, what information it receives regarding the performance of HM Prison Kilmarnock against the targets introduced by the Health and Safety Commission in Revitalising Health and Safety.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:None.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 12 May 2003
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Current Status:
Answered by Cathy Jamieson on 3 June 2003
To ask the Scottish Executive, further to the answer to question S1W-33812 by Mr Jim Wallace on 18 February 2003, whether any performance points will accrue directly or indirectly to the operators of HM Prison Kilmarnock in respect of the fire at the prison reported in the Sunday Mail on 19 January 2003 and what the reasons are for the position on the matter.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:No. Investigations have not identified any breach of discipline or of procedures which would justify application of performance points, as defined in schedule F of the contract.
