- 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, 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 on adjacent land as one of the subjects of the application.
Answer
The provisions of the bill do not provide for the acquisition of salmon fishings located on land that is not eligible croft land nor do they allow areas of land in different ownerships to be covered by a single application. If, as we expect, crofting community bodies are properly informed as to what they will have a right to buy there will be no such applications.
- 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 salmon fishing owners were consulted about the proposed inclusion of salmon fishings in the crofting community right to buy contained in Part 3 of the Land Reform (Scotland) Bill.
Answer
The proposals in the Land Reform (Scotland) Bill were the outcome of extensive public consultation, dating back to 1997, to which salmon fishing owners were free to respond. The Scottish Landowners Federation (SLF) has responded at every stage of consultation and made representations to ministers on several occasions about the land reform proposals. It is our understanding that the SLF represents the interests of many people who own salmon fishings. The Scottish Executive undertook a full public consultation on the draft bill which contained these proposals. Salmon fishing interests including owners responded to that consultation and commented on the proposals. In addition, parliamentary committees took evidence from a group representing the interests of owners of salmon fishings and from the SLF during stage 1 consideration 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, with regard to decisions in respect of applications under section 70 of the Land Reform (Scotland) Bill, whether Scottish ministers are an independent and impartial tribunal for the purposes of article 6 of the European Convention on Human Rights.
Answer
No. However, decisions by ministers to consent to or to reject a crofting community right to buy application can be appealed in terms of section 88 of the bill to the sheriff court which is an independent and impartial tribunal for the purposes of article 6 of the European Convention on Human Rights. An aggrieved party would also have a right to resort to the courts using the remedy of judicial review.
- 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 whether it will lodge an amendment to the Land Reform (Scotland) Bill that would enable crofting communities to buy salmon fishings on croft land and not on adjacent land and what the reasons are for its position on this matter.
Answer
Since the provisions of the Land Reform (Scotland) Bill would not enable crofting communities to buy salmon fishings that cannot be exploited from croft land there is no need to amend the bill in the manner suggested.
- 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 whether it intends section 71(2) of the Land Reform (Scotland) Bill to qualify the meaning of "the public interest" contained in article 1 of Protocol 1 to the European Convention on Human Rights.
Answer
The purpose of section 71(2) of the bill is not to qualify the meaning of "the public interest" as used in article 1 of Protocol 1 to the European Convention on Human Rights, but to elucidate its meaning as used in 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 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 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.
- 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 no test of necessity forms part of the crofting community right to buy contained in the Land Reform (Scotland) Bill, given practices under standard compulsory purchase legislation.
Answer
The powers of compulsory acquisition in the bill do not seek to emulate compulsory purchase legislation in every respect. It is the policy of the Scottish Executive that crofting communities should have the opportunity to buy their croft land if the acquisition of the land would be compatible with sustainable development and in the public interest. A test of necessity would not be compatible with the achievement of that objective.