- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 28 May 2002
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Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what representations it has received in relation to the creation of a parallel link road for local traffic between Middlebank and Inchture to connect with the flyover under construction at the Inchture Junction on the A90.
Answer
Six expressions of support for the link road have been received.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 28 May 2002
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Current Status:
Answered by Lewis Macdonald on 17 June 2002
To ask the Scottish Executive what account it took of the views expressed by its public inquiry reporter on the creation of a parallel link road for local traffic between Middlebank and Inchture to connect with the flyover at the Inchture Junction on the A90 when it took the decision not to proceed with the construction of the link road at the same time as the flyover is constructed.
Answer
In their decision letter following the Public Inquiry, Scottish ministers accepted the reporter's recommendation to give early consideration to funding the option of extending the link road through to Inchture Interchange. Due to higher priorities on the A90 and elsewhere on the trunk road network it has, to date, not proved possible to accommodate the link road in the current programme.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 10 June 2002
To ask the Scottish Executive how many responses to its consultation paper, Draft Land Reform (Scotland) Bill expressed (a) support for, and (b) opposition to, the provisions in Part 3 of the Land Reform (Scotland) Bill for the compulsory purchase of salmon fishings, and which bodies expressed such support or opposition.
Answer
All the non-confidential responses to the consultation on the draft Land Reform (Scotland) Bill are available in the Parliament's Reference Centre. The consultation was not a referendum on any particular bill provision but rather sought views on the bill as a whole. Most considered responses were qualitative in nature and did not express outright support or opposition to any particular proposals.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive which salmon fishings in Scotland are "eligible croft land" within the meaning of the expression in section 67(4)(b) of the Land Reform (Scotland) Bill.
Answer
Salmon fishings which are "eligible croft land" for the purposes of section 67(4)(b) of the Land Reform (Scotland) Bill are those defined as such by section 65(2)(d) of that bill.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive why the Minister for Justice considered that the Land Reform (Scotland) Bill was within the legislative competence of the Parliament, and therefore compatible with European convention on human rights (ECHR), given that part 3 of the bill includes provisions to expropriate compulsorily salmon fishings.
Answer
The Scottish Executive has been aware from the outset that many of the provisions in the Land Reform (Scotland) Bill would require to be carefully formulated to comply with the European Convention on Human Rights. Ministers consider that the provisions in the bill, including those relating to the acquisition of salmon fishings, achieve that outcome, and there are no grounds on which it could successfully be argued that there is incompatibility with the convention.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive whether a crofting community will be required to show how it will fund its management, as well as its purchase, of a salmon fishing before it is permitted to acquire compulsorily a salmon fishing under Part 3 of the Land Reform (Scotland) Bill.
Answer
As with any other crofting community right to buy application, an application for a right to buy salmon fishings would be required to include the information specified in section 70(5)(e), (f) and (g) of the bill and to succeed such an application must also meet criteria specified in section 71(1)(j), (k), (l) and (o). I am sure these requirements could not be successfully met without demonstrating how the on-going management of the salmon fishings is to be funded.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive how it will ensure investor confidence in salmon fishings in the light of any concerns expressed in response to the proposals for the compulsory purchase of salmon fishings contained in Part 3 of the Land Reform (Scotland) Bill.
Answer
If there has been any damage done to the confidence of prospective investors in salmon fishings it has been done by those people who have, in contesting our proposals, sought to suggest that there will be massive adverse effects on the quality of the fishing that will be available in the future as a result of this legislation. Any problems which exist will be resolved when opponents stop talking up the problems and start making realistic and sober assessments of the effects of these proposals. From that perspective the most useful way in which the Executive can ensure investor confidence would be to make sure that this bill is enacted as quickly as possible.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive how the word "contiguous" in section 65(2)(d) of the Land Reform (Scotland) Bill is to be construed where part of the length of a salmon river abuts croft land at one of its banks.
Answer
The meaning of "contiguous" is clear and unambiguous. It means "touching" or "sharing a border with". In the context of the bill contiguous salmon fishings must abut the croft land and they will only be eligible croft land insofar as they do so.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive what measures it plans to prevent owners of salmon fishings from avoiding compulsory purchase of their salmon fishings under Part 3 of the Land Reform (Scotland) Bill by the creation of tenancies, time shares or syndication arrangements.
Answer
None. Such arrangements may enable those who currently control and manage the fishings to continue to do so. The crofting community may still be able to purchase the salmon fishings and if they do so may benefit as owners from any revenues to be derived in the form of rent etc. from such arrangements.
- Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 May 2002
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Current Status:
Answered by Ross Finnie on 5 June 2002
To ask the Scottish Executive whether the expression "inland waters" is to have the same meaning in Part 3 of the Land Reform (Scotland) Bill as it does in part 1 of the bill.
Answer
The definition of "inland waters" in part 1 of the Land Reform (Scotland) Bill does not apply to part 3.