MEMORANDUM 14
Submitted by the Scotland Office
Your wrote to Ian Gordon on 9 June seeking reasons
for the withholding of information to a number of Parliamentary
Questions in Session 1998-99, a list of which you provided. My
apologies for not meeting your deadline but as I believe you were
informed, we needed to consult with the Scottish Executive who,
as the Scottish Office, previously had responsibility for the
responses given.
I enclose a note setting out the question and response to the
PQs you highlighted along with a reason for the action taken.
In many cases the Code of Practice comes into play and in other
cases the explanation is the convention of not specifically naming
officials attending meetings. You will, however, note that in
2 cases it is considered that the reply constitutes a 'blocking
answer'.
Listed below are explanations of the reasons for withholding information
in response to the Parliamentary Questions listed by the Select
Committee.
PQ Nos 61271 and 61282
Miss Kirkbride: To ask the Secretary of State for Scotland
how many special advisers are employed in his Department; and
what is the total cost to public funds in the current financial
year. [61271]
Mr Grieve: To ask the Secretary of State for Scotland what
was the total cost to public funds of employing special advisers
in his Department in the last 12 months for which figures are
available. [61282]
Mr Dewar: There are three Special Advisers employed in
my Department. Their salaries are negotiated individually and
are confidential within the three-band range announced to the
House by my right hon. Friend the Minister for the Cabinet Office
on 16 November 1998, Official Report, column 354-55.
Reason: Details of the Special Advisers' salaries are exempted
from disclosure under exemption 12, 'Privacy of an Individual',
of the Code of Practice on Access to Government Information. An
individual would require to give their consent before information
relating to their financial affairs could be disclosed. Parliamentary
Question No 60340, which is referred to in the answer, had previously
provided details of the new pay structure for Special Advisers
and a breakdown of the number of Special Advisers per pay band.
PQ No 62847
Mr Robert Jackson: To ask the Secretary of State for Scotland
if he will list the special advisers in his Department and the
issues on which they specialise; and to what level they have been
security cleared.
Mr Dewar: My Department employs 3 Special Advisers, Ms Wendy Alexander,
Mr Murray Elder and Mr David Whitton. Ms Alexander advises specifically
on health, the arts, social work, child care, housing and European
affairs. Mr Elder advises on issues relating to agriculture, the
environment, forestry and fisheries, home affairs, devolution,
local government and transport matters. In addition, both Ms Alexander
and Mr Elder deal with matters relating to business, industry
and education. Mr David Whitton has particular responsibility
for the presentation of policy and relations with the media. Special
Advisers are subject to the usual security clearance arrangements.
It is not appropriate to give details about particular individuals'
level of security clearance.
Reason: Details of the Special Advisers' security clearance
are exempted under exemption 1, 'Defence, Security and International
Relations', of the Code of Practice on Access to Government Information.
This exemption includes the protection of individuals who may
be at risk, and the protection of information whose disclosure
would prejudice the operations, sources and methods of the security
and intelligence services.
PQ No 84325
Mr Matthew Taylor: To ask the Secretary of State for
Scotland on what dates special advisers from his Department have
travelled in an official capacity to the United States since 2
May 1997; what were the names of the special advisers; and if
they accompanied ministers.
Dr Reid [holding answer 21 May 1999]: One
special adviser travelled to the United States with my predecessor
on 15-19 March 1999. In accordance with convention, the name of
the special adviser has not been given.
Reason: The convention not to name officials providing
support to Ministers in meetings, for example with other parties
abroad, is based on the principle that Ministers are responsible
and accountable for the decisions and actions of their Departments,
including the approach taken in such meetings; and, therefore,
that naming officials taking part in meetings, when those officials
are not able individually to account for their role in such situations,
places those officials in an unfair position.
PQ No 90403
Mr Matthew Taylor: To ask the Secretary of State for
Scotland how many times ministers in his Department have held
meetings with ministers and officials of the Irish Government
since 1 January 1998, indicating the dates and locations of each
meeting, the ministers involved, and the names of the Irish ministers
and officials at each meeting.
Dr Reid: My hon. Friend the Member for Western Isles (Mr
MacDonald) held an ESDP bilateral in Dublin with Dan Wallace,
Minister of State at the Irish Department of the Environment on
12 March 1998. In accordance with convention the names of officials
in attendance are not given.
Reason: The convention not to name officials providing
support to Ministers in meetings, for example with Ministers of
other administrations, is based on the principle that Ministers
are responsible and accountable for the decisions and actions
of their Departments, including the approach taken in such meetings;
and, therefore, that naming officials taking part in meetings,
when those officials are not able individually to account for
their role in such situations, places those officials in an unfair
position.
PQ No 65794
Ms Roseanna Cunningham: To ask the Secretary of State
for Scotland on how many occasions the Director of the Public
Defence Solicitors' Office has met the Chief Executive of the
Scottish Legal Aid board since his appointment; if those meetings
were minuted; and if he will place a copy of any minutes or notes
from the meetings in the Library.
Mr McLeish: Mr Alistair Watson of the Public Defence Solicitors'
Office took up post on 1 April 1998. He reports to the Scottish
Legal Aid Board through the Chief Executive only on administrative
matters. On all other matters, including casework, the PDSO operates
independently of the Board. Since 1 April 1998, the Director and
Chief Executive have had a number of meetings on administrative
matters. The exact number has not been recorded. Notes of these
meetings are internal documents of the Board and are confidential.
Reason: The minutes are the property of the Scottish Legal Aid
Board and were not in the possession of The Scottish Office. The
Code of Practice on Access to Government Information did not require
The Scottish Office to acquire information which it did not possess.
PQ No 68413
Mr Maude: To ask the Secretary of State for Scotland
what additional legislation, not currently before Parliament,
was assumed in the production of his Department's spending allocation
for 1999-2000 to 2000-2002 in the Comprehensive Spending Review.
Mr Dewar: There is a long-standing convention that legislative
proposals for each year are not announced before the Queen's Speech
at the start of the relevant Session. From 1 July 1999 most Scottish
legislation will be a matter for the Scottish Parliament.
Reason: We do not consider that this is a blocking answer.
The first part of the answer is factual and in addition exemption
10 of the Code of Practice on Access to Government Information
exempts from disclosure information which is soon to be provided
in a planned announcement. The second part of the answer means
that the spending allocation made in the Comprehensive Spending
Review for the years in question was necessarily provisional.
The Scottish Parliament could introduce legislation that would
affect those years and its procedures for budget scrutiny could
also alter spending allocations.
PQ No 69735
Mr Gorrie: To ask the Secretary of State for Scotland
what proposals he has to phase out visiting specialist teachers
in primary schools and replace them with consultants.
Mrs Liddell: We have not such proposals. The deployment
of teachers in primary schools is a matter for education authorities.
As from 1 July this will be a matter for the Scottish Parliament.
Reason: We do not consider that this was a "blocking
answer". The answer provided the information requested by
stating that the Secretary of State had no proposals to phase
out visiting specialist teachers in primary schools.
12 July 2000
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