- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Monday, 02 December 2002
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Current Status:
Answered by Ross Finnie on 13 December 2002
To ask the Scottish Executive, further to the answer to question S1W-30836 by Ross Finnie on 18 November 2002, whether there will be two public interest tests when an application is made under Part 3 of the Land Reform (Scotland) Bill, namely that the application is in the public interest using the qualified definition in the bill and that it is in the public interest in the normal sense of the phrase as applied to Article 1 of Protocol 1 of the European Convention on Human Rights.
Answer
As stated in the answer given to question S1W-30836, the purpose of section 71(2) of the bill is to elucidate the meaning of the phrase "public interest" as used in the bill. Whether or not ministers consider a proposed acquisition by a crofting community body is in the public interest will depend on the facts and circumstances of each particular case.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Monday, 02 December 2002
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Current Status:
Answered by Ross Finnie on 13 December 2002
To ask the Scottish Executive, with regard to the estimate of one application per year to exercise the crofting community right to buy contained in the Land Reform (Scotland) Bill, as referred to in paragraph 324 of the Explanatory Notes to the Bill, how many such applications it estimates will contain a salmon fishing as one of the subjects of the application.
Answer
No estimate has been or can be made. There are too many uncertainties. If experience of existing community purchases is anything to go by, a significant proportion of crofting community bodies may not be interested in acquiring salmon fishings. However, we consider it important that the opportunity to do so should be available.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Friday, 15 November 2002
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Current Status:
Answered by Lewis Macdonald on 28 November 2002
To ask the Scottish Executive whether it will publish its assessment of traffic levels on the A9 trunk road between Perth and Inverness in each of the last five years.
Answer
The annual average daily flows at various locations along the A9 between Perth and Inverness are assessed as follows:
Location | 1997 | 1998 | 1999 | 2000 | 2001 | 2002 |
A9 Tomatin | 7,077 | 7,494 | 7,224 | 7,147 | 6,837 | 8,082 |
A9 Kerrow (A86) to Lynwilg (B9152) | | | | | 7,488 | 8,147 |
A9 Calvine to Dalwhinnie(A889) | | | 8,180 | | 7,986 | 8,136 |
A9 S of B847 - at Shierglas | | | | | 7,437 | 7,947 |
A9 Pitlochry Bypass - S of A924 | 7,168 | | | | 8,453 | 8,697 |
A9 Birnam | 10,509 | 11,592 | 11,352 | 10,853 | 11,034 | 12,609 |
A9 N of B8063 - at Luncarty | | | | 13,821 | 13,991 | 15,359 |
Figures are shown in each case where data is available for the relevant area.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Friday, 15 November 2002
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Current Status:
Answered by Lewis Macdonald on 28 November 2002
To ask the Scottish Executive what level of traffic it considers is required before a trunk road, such as the A9, should be upgraded to dual carriageway status.
Answer
Decisions on choice of carriageway standard are based on the combined results of economic, operational and environmental assessments. A modern single carriageway such as sections of the A9 between Perth and Inverness can carry an average annual daily flow of 22,000 vehicles. Where additional overtaking opportunities are considered necessary, widening by providing climbing lanes or wide-single carriageway is assessed. A wide-single carriageway can carry an average annual daily flow of 32,000 vehicles. Dual carriageway is considered where the additional benefits that further upgrading would create exceed the additional costs that would be incurred.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 28 August 2002
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Current Status:
Answered by Jim Wallace on 14 November 2002
To ask the Scottish Executive, further to the answer to question S1W-1719 by Mr Jim Wallace on 29 September 1999, when the research commissioned into business finance and securities over moveable property will be published.
Answer
Summary findings and a full research report on Business Finance and Security over Moveable Property were published on Monday 23 September 2002. The research can be accessed on the Scottish Executive's website and copies have been lodged with the Parliament's Reference Centre.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Monday, 21 October 2002
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Current Status:
Answered by Ross Finnie on 14 November 2002
To ask the Scottish Executive when, in the consultation process for the Land Reform (Scotland) Bill prior to the bill's publication, the acquisition of adjacent salmon fishings was proposed to be subject to the crofting community right to buy.
Answer
The first occasion when responses to a consultation proposed that crofters should have a right to buy salmon fishings was in responses to the paper on the crofting community right to buy circulated to members of the Crofting Consultative Panel. Four of those responses suggested this. The bill does not provide for the purchase of adjacent salmon fishings but only for the purchase of salmon fishings that are exercisable from and on croft land.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Monday, 21 October 2002
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Current Status:
Answered by Ross Finnie on 14 November 2002
To ask the Scottish Executive why salmon fishings were defined as "eligible croft land" in the Land Reform (Scotland) Bill as introduced after being defined as "eligible additional land" in the draft bill.
Answer
The handling of the crofting community right to buy salmon fishings in the draft bill text would not have delivered the intended policy outcome. The policy intention is that crofting community bodies should be able to apply for the right to buy salmon fishings located on or directly exercisable from the croft land which they were acquiring or had acquired through the exercise of the crofting community right to buy. It was not intended that crofting communities should be able to acquire, through the right to buy, salmon fishings on or exercisable from additional land that they might acquire or that their acquisition of salmon fishings should be subject to the additional tests found in section 74 of the bill.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Monday, 21 October 2002
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Current Status:
Answered by Ross Finnie on 14 November 2002
To ask the Scottish Executive why salmon fishings are the only non-croft land to be included in the crofting community right to buy contained in Part 3 of the Land Reform (Scotland) Bill.
Answer
Salmon fishings are not the only non-croft land to be included in the crofting community right to buy. The Land Reform (Scotland) Bill provides for the acquisition by the crofting community body of additional land that is not croft land. Salmon fishings and minerals are separate tenements of land and as a consequence may be held on a separate title from the land itself. Both of these can be acquired by the crofting community body through the crofting community right to buy along with or separately from the croft land.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Monday, 21 October 2002
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Current Status:
Answered by Ross Finnie on 14 November 2002
To ask the Scottish Executive, further to the answer to question S1W-28090 by Ross Finnie on 26 August 2002, whether, in the light of that answer, the Minister for Environment and Rural Development will withdraw his statement that the essential requirement of compatibility with the European Convention on Human Rights is compensation (Official Report, Justice 2 Committee, 30 January 2002; c 995-6).
Answer
No. What I said to the committee has to be considered in the context in which it was said. The discussion was about compensation and adequacy of compensation is the essential requirement in that context. I did not say that provision of adequate compensation is the only requirement that has to be met in order to achieve compliance with the Convention. It is clear from the committee report that the committee understood that the exercise of the crofting community right to buy must also be in the public interest in order to be compatible with the European Convention on Human Rights.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Monday, 21 October 2002
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Current Status:
Answered by Ross Finnie on 14 November 2002
To ask the Scottish Executive under what circumstances a crofting community body will be able to dispose of land that it has acquired under Part 3 of the Land Reform (Scotland) Bill.
Answer
The Land Reform (Scotland) Bill contains no provisions that specify circumstances in which a crofting community body may or may not dispose of land acquired through the exercise of the right to buy. Any restrictions on disposal of land will be governed, where required, by the terms and conditions of the grant or loan documentation of the crofting community body's funders, and by the crofting community body's own Memorandum and Articles of Association.