24 February 2011

Peter Peacock : To ask the Scottish Executive what the basis was for the amount included in Highland Council’s budget for the National Centre for Excellence in Traditional Music.

Michael Russell: The previously ring-fenced funding for national centres of excellence was rolled-up into the local government finance settlement with effect from 1 April 2008. The £410,000 provided to Highland Council to assist with the running costs of the National Centre for Excellence in Traditional Music was a figure that emerged from a 2005 revision of all the centres’ funding and was based largely on the number of residential and non-residential pupils at that time.

Peter Peacock : To ask the Scottish Executive what understanding was reached with or through COSLA regarding increased funding for particular local authorities for national centres of excellence in education being intended for the continuation of such centres.

Michael Russell: Under the terms of the Concordat it was agreed by Scottish Ministers and the COSLA Presidential Team that, as part of the funding package for 2008-11, the Scottish Government would substantially reduce the number of separate funding streams, thereby allowing local authorities much more freedom in how they allocate their total resources. The funding for national centres of excellence in education was one of the many ring-fenced funding streams rolled up with effect from 1 April 2008. Although the funding for centres of excellence is no longer separately identifiable, the provision is still recognised in the needs based distribution formula.

Peter Peacock : To ask the Scottish Executive what its position is regarding a local authority no longer providing funding for a national centre of excellence in education for which its annual funding had been specifically increased.

Michael Russell: The previously ring-fenced funding for national centres of excellence was rolled-up into the local government finance settlement with effect from 1 April 2008. Although the provision for national centres of excellence is still recognised in the needs-based distribution formula there is no separately identifiable funding. If a local authority were to withdraw this service, this could impact on the future funding allocations for that local authority. The Scottish Government’s view is that it would not be appropriate for a local authority to benefit at the expense of other local authorities, within the distribution formula, in relation to a facility or service that it no longer provides.

Scottish Ambulance Service (West Highlands)

10 February 2011

Peter Peacock : To ask the Scottish Executive when it last met representatives of the Scottish Ambulance Service and whether issues relating to its operations in the west Highlands were discussed.


Nicola Sturgeon: The Scottish Government is in regular contact with the Scottish Ambulance Service on a wide range of issues. I also meet regularly with national health service board chairs and did so most recently on 31 January.


Peter Peacock: Recently, a number of communities in the west Highlands have experienced considerable delay in emergency response times. In a recent case on the Isle of Raasay, it took up to five hours for an ambulance to attend an incident. NHS Highland has had to employ on-call community nurses because of the inadequate emergency cover on Ardnamurchan. Is the cabinet secretary satisfied that the Scottish Ambulance Service’s operations in the west Highlands are fully fit for purpose? When she next meets the service, will she examine with it operational practices in our more remote communities?


Nicola Sturgeon: The Scottish Ambulance Service does a very good job across Scotland but, as the member will be very aware, it faces particular challenges in rural and remote areas. The issue on Ardnamurchan was raised with me previously and I made it very clear that I expect NHS Highland, the Ambulance Service and other local partners to work collaboratively to ensure that the community is properly supported. I have also said that I will follow developments there very closely. Generally, Ambulance Service response times have improved greatly in recent years but, if the member’s constituents have been experiencing particular issues with response times, I ask him to raise them with me, as I will be happy to ask the service to look into them.

9 February 2011

Peter Peacock: To ask the Scottish Executive what proportion of applications for wind farm developments has been approved when there has been an outstanding objection from Scottish Natural Heritage since May 2007.

Jim Mather: Of the 25 applications for wind farm developments determined by the Scottish Government since May 2007, two have been approved with an outstanding objection from Scottish Natural Heritage.

Peter Peacock : To ask the Scottish Executive what discretion it has to approve applications for wind farm developments when there is an outstanding objection from Scottish Natural Heritage and what factors it must take into account in making such a determination.

Jim Mather: Scottish Ministers have discretion to approve applications for wind farm developments where there is an outstanding objection from Scottish Natural Heritage if they deem it appropriate to do so after considering that objection and all other representations and material considerations.

8 February 2011

Peter Peacock : To ask the Scottish Executive whether the "taking into account wider public interest" procedure is an integral part of Scottish Natural Heritage’s consideration of applications for wind farm developments or is aimed at refining its initial considerations in light of any wider public interest considerations brought to its attention.

Roseanna Cunningham: Scottish Natural Heritage’s (SNH) procedure for "taking account of the wider public interest" (TAWPI) is an integral part of the consideration for all planning cases where SNH is considering an objection, including wind farm proposals. TAWPI applies to all cases where the consideration of "national interest" indicates that SNH should object, including those cases affecting National Scenic Areas (NSAs) and Sites of Special Scientific Interest (SSSI). The only exceptions are where a proposal would have a significant effect on the integrity of a Natura site or a proposal could have an effect on the favourable conservation status of a European Protected Species. The TAWPI process does not inform the advice SNH offers, only whether SNH decides to object.

Peter Peacock : To ask the Scottish Executive whether Scottish Natural Heritage is (a) expected or (b) required to engage with applicants and other relevant interests in conducting its "taking into account wider public interests" procedure.

Roseanna Cunningham: Scottish Natural Heritage (SNH) is not required to consult with other parties when conducting a "taking into account wider public interests" (TAWPI) assessment. However, the organisation may do so if there is a need to clarify information. The assessment is an internal process which allows SNH to check that any natural heritage impacts are not outweighed by any social, economic or wider environmental benefits of a development proposal. As such, it is for SNH to decide whether engagement with an applicant and other relevant interests would be necessary to help in undertaking an assessment.

Peter Peacock : To ask the Scottish Executive on how many occasions Scottish Natural Heritage has revised its advice to ministers on wind farm applications after taking into account wider public interests since May 2007.

Roseanna Cunningham: None of the "taking into account wider public interests" (TAWPI) assessments undertaken to date by Scottish Natural Heritage (SNH) has led the organisation to remove an objection. The TAWPI assessment does not alter SNH’s advice; it determines whether or not SNH should object to a development proposal. SNH’s advice on the natural heritage impacts, such as the detailed landscape and visual impacts of a proposal will not be affected by the TAWPI assessment.

3 February 2011

Peter Peacock : To ask the Scottish Executive what its estimate is of the (a) valuation of and (b) annual amounts collected in non-domestic rates on fibre optic network operators since May 2007.

John Swinney: Valuations of all non-domestic property are available on the valuation rolls which are published on the Scottish Assessors Association website at www.saa.gov.uk. The Scottish Government does not hold information disaggregated below that which appears on the valuation rolls.
The annual amount of business rates collected by individual businesses is not held centrally. The amount paid in rates by any business will vary depending on level of any rate relief awarded, the impact of resolution of any valuation or material change appeals, any over or underpayment and bad debt recovery or debt write off by individual local authorities.

Peter Peacock : To ask the Scottish Executive whether there is a difference in the non-domestic rates valuation between like lengths of fibre optic networks between BT and other operators and, if so, for what reasons.

Peter Peacock : To ask the Scottish Executive what its position is on the valuation principles relating to fibre optic networks and what its assessment is of the implications of those principles for extending such networks to remote communities.

Peter Peacock : To ask the Scottish Executive whether it has considered encouraging a review of the role of non-domestic rating policy regarding fibre optic networks in order to better support expansion of such networks.

John Swinney: Valuations of non-domestic property in Scotland are determined by the independent Scottish assessors.
In determining valuation methodology assessors work with closely with their counterparts in the rest of the UK and consider international best practice. The assessors also undertake continual dialogue with a range of businesses and representative organisation, including those from the telecommunications sector.
A robust appeal process is in place for any operator to challenge the assessor’s valuation if they do not agree the rate applied.

Further and Higher Education Courses in the Highlands

3 February 2011

Peter Peacock : To ask the Scottish Executive what action it is taking and what progress is being made in examining the United Kingdom Government’s proposals for the reform of UK consumer protection bodies; what devolved implications there are for Scotland and its consumers, and when it will report its findings on the proposals. (S3O-12661)


The Minister for Enterprise, Energy and Tourism (Jim Mather): Those are reserved matters, as the member will know. Although the UK Government proposals will have implications for Scotland, the policy detail is not yet fully defined. We invited key Scottish stakeholders to form a working group to consider how we might optimise future arrangements in Scotland and influence decisions in Whitehall. I expect the group’s report in February.


Peter Peacock: I am grateful to the minister with regard to that plan, and I am grateful for the work that he indicates is being done. I understand that the UK Government is entirely open to there being an outcome in Scotland that is different from that for the rest of the UK. I urge the minister to make early proposals to the UK Government to influence its forthcoming consultation on the future of Consumer Focus Scotland and to work with other parties across the Parliament to try to secure a consensus on the various options and build on the common ground that I believe will exist between members on the issue.


Jim Mather: That was a constructive contribution from the member, and my answer is yes to all of that. I reinforce the message that we are maintaining close contact with the UK Government. We view this as an opportunity to create a model that provides a best solution for Scotland. The more voices that are involved in that, the better.

19 January 2011

Peter Peacock : To ask the Scottish Executive what the (a) timetable and (b) launch date is for the publication and promotion of the hen harrier conservation framework report by the Scottish Raptor Monitoring Scheme partnership.

Roseanna Cunningham: When the report is published, a copy will be made available to the Rural Affairs and Environment Committee. Scottish Natural Heritage have assured me that this will be before the Parliament has completed consideration of the Wildlife and Natural Environment (Scotland) Bill.

Peter Peacock : To ask the Scottish Executive whether the contents of the hen harrier conservation framework report have been made available to the Rural Affairs and Environment Committee and, if not, whether the report will be published before the Parliament has completed consideration of the Wildlife and Natural Environment (Scotland) Bill.

Roseanna Cunningham: The report in question, A conservation framework for hen harriers in the UK, includes data from the Scottish Raptor Monitoring Scheme and other monitoring work. It has been prepared for the UK Joint Nature Conservation Committee and the publication is being co-ordinated by Scottish Natural Heritage (SNH).

I understand that SNH have arranged meetings for late January 2011 with stakeholders to discuss the science and outcomes of the report. A date for formal publication will be set following these meetings but it is anticipated that report will be published in early 2011.

13 January 2011

Peter Peacock : To ask the Scottish Executive when it last met representatives of NHS Highland and what issues were discussed. (S3O-12562)

The Deputy First Minister and Cabinet Secretary for Health and Wellbeing (Nicola Sturgeon): I meet all health board chairs regularly. The most recent meeting with NHS Highland representatives was on 22 November 2010.

Peter Peacock: The cabinet secretary will appreciate the concern of a number of communities in the Highlands about the prospect of not now benefiting from capital spending as a result of NHS Highland no longer being able to access £20 million of capital funding that was reserved for that purpose. Will she invite her officials to establish with NHS Highland a mechanism by which it can get early access to any future financial flexibility to restore that capital spending as quickly as possible?

Nicola Sturgeon: As I am sure that Peter Peacock will acknowledge, the context of the question that he has just asked is the same as the subject that we were talking about a few moments ago: the huge cut in our capital budget for next year and the comprehensive spending review. Incidentally, that cut in our capital budget was planned in full by the previous Labour Government and is being implemented by the current UK coalition Government. That meant that we had to take a hard look at how we allocate capital to health boards. The new arrangements will take effect from April 2011.

One of the changes allows a health board to make a bid for project-specific public funding when new public capital becomes available. To ensure fairness in that system, funds that were previously banked by health boards will be included within project-specific funding. In following that path, the Government can ensure that we still give priority to publicly funded schemes and that the investment that has been made in our health service in recent years continues as far as possible.

I and my officials will continue to discuss those issues carefully and closely with health boards to ensure that we are able to implement as ambitious a capital programme in the NHS as possible.

Digital Technology

11 January 2011

Peter Peacock : To ask the Scottish Executive when the successful bids for funding from the Broadband Challenge Fund will be announced.

Richard Lochhead : Five LEADER Local Action groups will receive awards under the Broadband Challenge Fund announced on 1 July 2010.

These are Borders, Forth Valley and Lomond, Outer Hebrides, Orkney and South Lanarkshire.

Thirteen local action groups bid for the funding. Unfortunately, this far outstripped the resources of ‚¬1 million available. The assessment panel comprised of the government and external experts in rural community development and IT judged the winning bids as providing the maximum value for money in terms of advancing our rural development objectives and deploying relevant broadband provision. The estimate is that around 88 businesses will be supported from these bids. In Lomond Valley alone, the estimate is that 100 new jobs will be created.

Nevertheless, I commend all the local action groups which applied. This was a tough decision. I hope that local action groups who did not succeed will be able to take some of the local projects forward using existing allocations as part of achieving its local development strategy.

Peter Peacock : To ask the Scottish Executive what assessment it has made of the UK Public Bodies Bill regarding (a) the future operation and interests of the forest estate in Scotland and (b) the powers, responsibilities and obligations of Scottish ministers.

Roseanna Cunningham: The Scottish Government’s position is that the Public Bodies Bill, as introduced, does not affect the powers, responsibilities and obligations of Scottish Ministers with respect to the public forest estate in Scotland. The Bill provides for new powers for the Westminster Government, by order, to amend the constitution of the Forestry Commission and to amend, delegate or transfer the functions of the Forestry Commission in relation to England. The Bill does not add, or subtract from the existing powers, responsibilities and obligations of Scottish Ministers in relation to forestry.

Peter Peacock: To ask the Scottish Executive whether it has made representations to the UK Government in relation to changes to the control and management of Scotland’s forestry that might arise from the proposals in its Public Bodies Bill.

Roseanna Cunningham: I am in contact with ministers in England and Wales with responsibility for forestry and will continue to monitor the passage of the Bill to ensure that the interests of Scottish forestry are protected.

Peter Peacock: To ask the Scottish Executive whether it is seeking powers to delegate the powers of the Forestry Commissioners in Scotland through the UK Public Bodies Bill.

Roseanna Cunningham: The Scottish Government already has the powers by virtue of the Public Services Reform (Scotland) Act, to delegate the powers of the Forestry Commissioners in Scotland and therefore has no need to seek such powers through the UK Public Bodies Bill.

Peter Peacock : To ask the Scottish Executive whether it will retain the Forestry Commission’s Regional Advisory Committee for Scotland and how the UK Public Bodies Bill might affect this body.

Roseanna Cunningham: The UK Public Bodies Bill provides powers for the Westminster Government, with the consent of Scottish Ministers, to abolish the Regional Advisory Committees as statutory bodies. The Scottish Government intends to retain the Forestry Commission’s Regional Advisory Committee for Scotland, either as a statutory or non-statutory body.

Peter Peacock : To ask the Scottish Executive what role the Forestry Commission’s Regional Advisory Committee for Scotland has with regard to ensuring that proposals for forestry and woodland planting, felling and management protect and enhance biodiversity, historic environment and landscape.

Roseanna Cunningham: The role of the Forestry Commission's Regional Advisory Committee for Scotland is to advise the Forestry Commissioners on the resolution of disputed grant applications where an objection from a statutory consultee cannot be resolved through the normal channels.

18 November 2010

Peter Peacock : To ask the Scottish Executive what existing mechanisms there are for restoring the natural environment.

Roseanna Cunningham: Restoring the natural environment is a very broad aim which may feature within the objectives of a wide range of bodies in the public voluntary and private sectors. There is a correspondingly wide range of mechanisms by which it may be achieved. It would not be practical to list these comprehensively. Examples of public sector programmes and policies which might have particular relevance include those relating to pollution control, land use planning; agri-environment measures, the marine management regime, forestry management, the protected area regime and habitat creation.

Peter Peacock : To ask the Scottish Executive what mechanisms there are to support the restoration of ecosystem function.

Roseanna Cunningham: Restoration of ecosystem function is a very broad objective. There is a very wide range of ecosystem types and a correspondingly diverse range of mechanisms which are potentially relevant to restoration of ecosystem function. It would not be practical to attempt a comprehensive listing of all such mechanisms. Examples might include measures which contribute to restoring soil structure, atmospheric quality, forest cover, ocean chemistry, dark skies, species populations or habitat structure and extent. Each of these might be advanced through a diverse range of mechanisms such as pollution control, land use planning; agri-environment measures, the marine management regime, forestry management, the protected area regime and habitat creation.

Peter Peacock: To ask the Scottish Executive what action it is taking to ensure that the ecological coherence of protected areas is improved in the terrestrial environment.

Roseanna Cunningham: A wide range of action is being taken by the Scottish Government and agencies, which can be gathered under three headings, information, trials and pilots, and large-scale ecological coherence proposals.

Information is a critical element in improving ecological coherence as we need to translate the overall concept into practical land use and management changes. A partnership of Scottish Natural Heritage (SNH), the Forestry Commission and Forest Research has led in producing such a tool (generally referred to as BEETLE) and Forest Research has undertaken a number of contracts to provide this information for specific projects.

There have been a number of trials and pilots in specific areas to test the concepts and practicality of improving ecological coherence. For example, in 2006 Forestry Commission Scotland, SNH and Highland Birchwoods collaborated on a woodland establishment incentive, Highland Locational Premium. This provided incentives in proportion to the additional ecological coherence created by paying for increases in the size of native woodland ecological networks.

The Scottish Government’s National Planning Framework 2 identifies two projects of national status. The first of these is the Central Scotland Green Network, a project which includes ecological coherence within a wider spread of objectives. The second action is to develop a National Ecological Network.

Peter Peacock : To ask the Scottish Executive what funding is available specifically to improve the ecological coherence of areas of importance to nature conservation.

Roseanna Cunningham: There are relevant funding opportunities through the Scotland Rural Development Programme, under a wide range of Rural Priorities options available under Axis 2 for the improvement and management of habitats.

Peter Peacock : To ask the Scottish Executive whether support is available to the owners or managers of non-designated land to fund biodiversity improvements that would benefit the ecological coherence and integrity of adjacent or neighbouring designated areas and, if so, what the nature of that support is.

17 November 2010

Peter Peacock : To ask the Scottish Executive what guidance it provides to local authorities on improving the ecological coherence of the Natura 2000 network.

Roseanna Cunningham: There are many sources of guidance available from the Scottish Government and from relevant government agencies, including general guidance on ecological networks which is available through the collaboration of Scottish Natural Heritage and Forestry Commission Scotland. The Scottish Government’s consolidated Scottish planning policy sets out the approach planning authorities must take when considering planning applications which are likely to have significant effect on a Natura site. It also explains how planning authorities can take a broader approach by considering the place of Natura and other protected sites within the wider ecological networks of which they are part.

Roseanna Cunningham: My officials have received the report of the public inquiry into the Forres Flood Prevention Scheme and ministers will make a decision on the scheme as soon as possible. However, it is crucial that we have time to consider the recommendations carefully to make sure that the right decision is reached to address the flooding problem in Forres for the long-term benefit of the community

15 November 2010

Peter Peacock : To ask the Scottish Executive what work it has undertaken since 2003 to promote recognition of the wider achievement of pupils in addition to their academic attainment.

Michael Russell: The Scottish Government and its partners have been taking forward work on recognising achievement as an integral part of Curriculum for Excellence (CfE). In order to explore the issues involved with recognising achievement at a local level, the Scottish Government, in partnership with Learning and Teaching Scotland and local authorities, set up 12 collaborative enquiry projects which took place in schools across Scotland during 2008-09. An evaluation of these projects was commissioned from Edinburgh University which was published on 26 February 2010 and is available on the Scottish Government website.

In 2009 a sub-group of the CfE Management Board was convened to lead the development of guidance on recognising achievement, profiling and reporting. The guidance is expected to be published on-line in December 2010, with paper copies distributed to schools early in 2011.

9 November 2010

Peter Peacock : To ask the Scottish Executive what role it has in trying to secure a future for the Nigg construction yard and when a conclusion to current discussions is expected.

Jim Mather: The tender process for the Nigg Yard is currently underway and bids have been received. While the Scottish Government is keeping a close interest in the bidding process, Ministers are unable to enter discussions with individual bidders at this time therefore ensuring that the process is conducted in a fair and transparent manner.

9 November 2010

Peter Peacock : To ask the Scottish Executive what steps it is taking with local authorities to promote and report on performance improvement plans.

25 October 2010

Peter Peacock : To ask the Scottish Executive how many forest crofts have been created since 2007.

Roseanna Cunningham: To date no woodland crofts have been established on the national forest estate. A woodland crofts project officer is working with a number of communities across the crofting counties supporting them to develop their ideas and proposals.

21 September 2010

Peter Peacock: To ask the Scottish Executive what the (a) minimum and (b) maximum average daily flow of vehicles was on the A95 in (i) 2000-01, (ii) 2001-02, (iii) 2002-03, (iv) 2003-04, (v) 2004-05, (vi) 2005-06, (vii) 2006-07, (viii) 2007-08, (ix) 2008-09 and has been in 2010.

Stewart Stevenson: The following table shows a summary of the information requested for the trunk road section of the A95 (Granish to Keith). Information for the non-trunk section from Keith to Macduff is a matter for the Moray and Aberdeenshire Councils. The figures have been extracted from the Scottish Roads Traffic Database from 2000 to 2010. The figures show two-way flows (i.e. northbound and southbound flows combined) and are taken from automatic traffic counters at eleven sites along the route.

Average Annual Daily Flow

17 September 2010

Peter Peacock : To ask the Scottish Executive whether there have been any cases of colony collapse disorder reported with regard to Scotland’s bee population since 1999

Richard Lochhead: No cases of colony collapse disorder have been reported in Scotland’s bee population since 1999.

Peter Peacock: To ask the Scottish Executive whether it considers that colony collapse disorder is a threat to Scotland’s bee population.

Richard Lochhead: Colony collapse disorder describes a number of symptoms rather than a disease with a single defined cause such as virus or bacterium. With our current limited understanding of colony collapse disorder in other countries we cannot say that it is a threat to Scotland’s bee population. However, we cannot be complacent, bee keepers should maintain vigilance for disease symptoms and report any suspicion of disease to Scottish Government bee inspectors.

17 September 2010

Peter Peacock : To ask the Scottish Executive, further to the answer to question S3W-34479 by Richard Lochhead on 28 June 2010, whether it considers that the protected geographical indication regulation on Scottish farmed salmon must be read with and comply with the fundamental regulation, Council Regulation (EC) No 510/2006, and, if so, whether it will clarify the steps that it is taking to remove the discrepancies between the single document and the specification.

Richard Lochhead: A valid specification has been granted in relation to Scottish Farmed Salmon and it is this document that defines the terms of the PGI. This was done in compliance with Council Regulation (EC) No 510/2006 which lays down the rules on the protection of designations of origin and geographical indications for the agricultural products and foodstuffs, as read with the detailed rules for its implementation laid down in Commission Regulation (EC) No 1898/2006.

Peter Peacock : To ask the Scottish Executive, further to the answer to question S3W-34479 by Richard Lochhead on 28 June 2010, whether it considers that, since the qualifying activity for the Scottish farmed salmon protected geographical indication (PGI) is the production of fresh fish, every stage of such PGI salmon production from parent fish to slaughter is required to be done in a designated area as per Council Regulation (EC) No 510/2006, article 2.1(b).

Richard Lochhead: The current specification of the PGI for Scottish Farmed Salmon is consistent with Council Regulation (EC) No 510/2006 which does not require that all stages of the production process must take place in the geographical area.

Peter Peacock : To ask the Scottish Executive, further to the answer to question S3W-34479 by Richard Lochhead on 28 June 2010, whether it considers the protected geographical indication regulation on Scottish farmed salmon to cover only the seawater phase of salmon production and not the freshwater phase.

Richard Lochhead: The specification for the Scottish Farmed Salmon PGI applies to the production of the fish from harvesting of the eggs up to distribution stage. The full specification can be viewed at:

Peter Peacock : To ask the Scottish Executive, further to the answer to question S3W-34479 by Richard Lochhead on 28 June 2010, what its assessment is of the impact on the long-term reputation of Scottish farmed salmon if the whole lifecycle of the salmon is not covered by a protected geographical indication designation that guarantees the provenance of the product.

Richard Lochhead: Scottish Farmed Salmon has PGI status as approved by European Commission Regulation (EC) No 1195/2008. There is no indication that the reputation of Scottish Farmed Salmon has been negatively affected by this specification as approved by the European Commission.

17 September 2010

Peter Peacock : To ask the Scottish Executive what support is available to assist communities with the costs of the infrastructure necessary to allow the extraction of local timber supplies.

Richard Lochhead: Grant incentives to assist communities for the support of forestry infrastructure are available through the Scotland Rural Development Programme (SRDP) and the Strategic Timber Transport Scheme.

The options available through SRDP include the "Provision and Upgrading of Infrastructure" option in Rural Priorities and the option under Land Managers "Access Creation for Sustainable Forest Management". These mechanisms may provide support for community land based businesses seeking to develop infrastructure to access forest land.

The Strategic Timber Transport Scheme could also provide communities with co-funding provided the proposal meets the criteria of the scheme.

16 September 2010

Peter Peacock : To ask the Scottish Executive what steps it is taking to help secure public access to the pathfinder broadband network in the Highlands and Islands.

The Minister for Enterprise, Energy and Tourism (Jim Mather): Although the Scottish Government fully recognises and supports the wider benefits that can potentially be gained from the pathfinder north and south networks, the matter is complex because of the potential for contractual and state-aid issues to inhibit non-local authority access. That said, we are actively exploring with pathfinder partners and Cable & Wireless the opportunities that might exist to realise the potential benefits. The most recent meeting between officials and Cable & Wireless took place on Tuesday 14 September and discussions are on-going.

Peter Peacock: I am grateful for that response and hope that the minister will continue to encourage his officials to be actively involved in supporting Highland Council and the other councils in the region when retendering for the project comes up in the not-too-distant future. Will the minister also encourage Broadband Delivery UK to support Highlands and Islands Enterprise's recent bid for the roll-out of broadband in the region and ensure that, as part of that, the pathfinder network has such public access in future?

Jim Mather: Indeed I will. We will continue to be as active and supportive as the member suggests. Indeed, at this point, I should recognise and express my appreciation for Mr Peacock's continued informed interest in the area. As he has indicated, we are continuing to press BDUK on this issue and will work with Highland Council, HIE and Cable & Wireless to ensure that we get the very best possible outcome.

14 September 2010

Peter Peacock : To ask the Scottish Executive, further to the answer to question S3W-33871 by Roseanna Cunningham on 2 June 2010, whether the draft report into the Infectious Salmon Anaemia outbreak in Shetland has been published and, if not, when it will be published.

Roseanna Cunningham: The Report into the epidemiology and control of an outbreak of infections salmon anaemia in the Shetland Isles, Scotland was published on 13 August 2010 and is available at:

14 September 2010

Peter Peacock: To ask the Scottish Executive what grant incentives are available for forestry planting in order to provide a source for local wood burning for climate change reasons, and whether it is satisfied enough is being done to encourage a switch to wood burning technology.

Roseanna Cunningham: Grant incentives for forestry planting for local wood burning are available through the Scotland Rural Development Programme (SRDP). These include the woodland creation option of rural priorities and the option for establishment of short rotation coppice crops of willow or poplar.

The Scottish Government is encouraging a switch to wood burning technology, with the priority to encourage heat or combined heat power (CHP) plants sized appropriately for the local resource. In particular, it has offered capital grants for woodfuel heating systems under the Scottish Biomass Support Scheme, the subsequent Scottish Biomass Heat Scheme, the Community and Renewable Energy Scheme and the SRDP. Grants are still available under the SRDP and the recent energy statement by the UK Government indicated there would be ongoing support for renewable heat. We are working closely with the Department of Energy and Climate Change to expedite the proposed Renewable Heat Incentive, which would provide long-term support for wood burning technology.

13 September 2010

Peter Peacock: To ask the Scottish Executive what improvements to the A95 are planned in 2010-11.

Stewart Stevenson: Structural maintenance works were completed at A95 Poppin Brae, Craigellachie during May 2010. These works, to the value of £0.36 million, were necessary to address a geotechnical failure of the carriageway foundations and earthwork slopes.

Improvements to the signing, safety barriers and upgrading of large sign poles are also planned, with the aim of improving safety along the route.

Peter Peacock : To ask the Scottish Executive what improvements to the A95 are planned in (a) 2011-12 and (b) 2012-13.

Stewart Stevenson: A carriageway realignment scheme is proposed for Lackghie, east of Drumuillie. The scheme consists of the widening, horizontal and vertical realignment of 2km of single carriageway, bringing it up to current design standards through the investment of £3.2 million.

There are proposals to undertake structural maintenance works at A95 Craigellachie to Wester Gauldwell and drainage improvements at A95 Ben Aigan.

Funding for road improvements beyond the current financial year will be determined from the forthcoming spending review

Peter Peacock : To ask the Scottish Executive what the position is regarding the monitoring of the (a) European and (b) American foulbrood outbreak in the bee population in Scotland.

Richard Lochhead: The monitoring of European foulbrood (EFB) consists of a European Foulbrood 2010 Control Plan, which was drawn up and agreed with beekeeping stakeholders. All apiaries where EFB was confirmed in 2009 were re-inspected and any cases were removed to quarantine apiaries where they were treated using the Shook Swarm method. Re-inspections are currently taking place in the quarantine apiaries.

The monitoring of American foulbrood (AFB) consists of re-visiting all beekeepers whose bees were diagnosed as having AFB in 2009 and responding to beekeepers concerns. Any cases of AFB are destroyed.

Peter Peacock : To ask the Scottish Executive whether any new outbreaks of (a) European and (b) American foulbrood disease have been found in Scotland since the start of 2010 and, if so, in what areas.

Richard Lochhead: Ten colonies in five apiaries were found positive with European foulbrood (EFB) in West Lothian in July 2010.

Two colonies from one apiary were found positive with American foulbrood (AFB) in February and April 2010 in the Stranraer area and two colonies from two apiaries were found positive in July 2010 in West Lothian.

Additional cases of EFB and AFB were confirmed, however, these were in areas where the diseases had previously been confirmed in 2009.

Peter Peacock : To ask the Scottish Executive whether the National Standing Committee on Farm Animal Genetic Resources now has responsibility for the ongoing welfare of bees and, if so, when this change took place.

Richard Lochhead: Representatives of the National Standing Committee (NSC) on Farm Animal Genetic Resources (FAnGR) responded to a request from the Scottish Government for advice on conservation of honeybees, in line with their role.

Policy responsibility for honey bee health in Scotland rests with the Scottish Government.

22 July 2010

Peter Peacock : To ask the Scottish Executive whether there were or have been ministerial visits to the Cromarty Firth Port Authority in (a) 2007, (b) 2008, (c) 2009 and (d) 2010 and, if not, whether any such visits are planned before the end of the current parliamentary session.

John Swinney: The detailed information requested is currently being collated and I will write to the member as soon as this is available. A copy of the response will be placed in the Scottish Parliament's Information Centre (Bib. number 51386).

Enterprise Networks

Marine Environment

1 July 2010

Peter Peacock: To ask the Scottish Executive what it considers the impact will be on Scotland of the VAT increase announced by the United Kingdom Government.

The Cabinet Secretary for Finance and Sustainable Growth (John Swinney): The 2.5 percentage point increase in VAT that was announced by the Chancellor of the Exchequer last week is estimated to cost the average Scottish household approximately £380 per year. The lowest-income households are estimated to be disproportionately affected by this regressive tax increase.

The VAT increase will also increase costs facing Scotland's public sector. Initial estimates place the full-year costs at £7.2 million for the core Scottish Government, £26 million for the national health service in Scotland, £3.8 million for the Scottish Prison Service, and £700,000 for Historic Scotland.

Peter Peacock: That is indeed shocking news. Does the minister share my dismay that, having campaigned against VAT increases—and a secret plan that the Tories had—the Liberal Democrats have now put up the level of VAT to 20 per cent?

I recognise what the cabinet secretary said about the disproportionate effect on the lowest-earning 10 per cent of families in this country. What impact does he think the VAT increase will have on them?

Does the cabinet secretary recognise that the measure will also push up petrol prices in rural areas—something else that the Liberal Democrats promised to reduce?

John Swinney: Mr Peacock's final point on the impact of VAT on fuel prices is entirely factual. Those of us who represent rural Scotland in particular are entirely familiar with the scale and burden of fuel costs. The overwhelming majority of the cost of a litre of fuel is related to taxation.

On the impact on households, the VAT increase is equivalent to approximately 1.7 per cent of the net income of the poorest 20 per cent of Scottish households. For the highest-income 20 per cent of households, the VAT increase is equivalent to approximately 1.2 per cent of net income. The statistics clearly demonstrate the impacts in that respect.

29 June 2010

Peter Peacock : To ask the Scottish Executive whether it will list the secondary schools that act as receiver schools from Gaelic-medium primary units and whether it will provide details of how many subjects are taught at each of these schools through the medium of Gaelic at (a) S1, (b) S3 and (c) Higher Grade stages.

Michael Russell: The available information on secondary schools that provide Gaelic medium education according to the 2009 pupil census and information on pupils presented for SQA examinations in Gaidhlig (Gaelic for Gaelic speakers) in 2009, is given in the following table:

18 June 2010

Peter Peacock : To ask the Scottish Executive how the UK Forestry Standard is applied to the location of new woodland on (a) undesignated and (b) designated wildlife sites.

Roseanna Cunningham: The UK Forestry Standard, and its associated guidelines, sets standards for the planning, design and management of new woodland. It applies throughout Scotland to undesignated sites and to designated wildlife sites (where, depending upon the nature of the designation, special considerations may apply). The standard is used to assess proposals for new woodlands that are submitted for determination under environmental impact assessment legislation, for proposals for grant aid under the Scotland Rural Development Programme and for proposals on the national forest estate. In addition, proposals are subject to public consultation, and local authorities are encouraged to develop forest and woodland strategies to guide the location of new woodland.

Peter Peacock: To ask the Scottish Executive what guidance is issued by Scotland’s Environment and Rural Services (SEARS) on the location of new woodland away from sites that are important for (a) biodiversity and (b) the historic environment.

Roseanna Cunningham: Forestry Commission Scotland (FCS) is the SEARS organisation responsible for providing guidance on woodland in relation to biodiversity and the historic environment. Guidance on the location of new woodland includes the Scottish Forestry Strategy which identifies conserving and enhancing biodiversity and protecting the historic environment as key priorities; the Scottish Biodiversity Strategy and the UK Biodiversity Action Plan; "Woods for Nature" which sets out Forestry Commission Scotland’s biodiversity programme for 2008-11; the UK Forestry Standard and its associated guidelines which cover biodiversity and the historic environment, and other documents, which include Scotland’s Woodlands and the Historic Environment, and Historic Environment Information and Advice for Forest and Woodland Managers in Scotland. FCS staff also have access to information from other SEARS partners and government bodies, including SNH and Historic Scotland.

Peter Peacock : To ask the Scottish Executive how it applies the UK Forestry Standard to woodland creation on agricultural land.

Roseanna Cunningham: The UK Forestry Standard, and its associated guidelines, sets standards for the planning, design and management of new woodland throughout Scotland, including on agricultural land. The standard is used to assess proposals for new woodlands that are submitted for determination under environmental impact assessment legislation, for proposals for grant aid under the Scotland Rural Development Programme and for proposals on the national forest estate. In addition, proposals are subject to public consultation, and local authorities are encouraged to develop forest and woodland strategies to guide the location of new woodland.

Peter Peacock : To ask the Scottish Executive how much new woodland and forestry planting has been carried out without land management grants since 2007.

Roseanna Cunningham: It is estimated that up to 600 hectares of trees (most of which are Christmas trees) have been planted without grant-aid since 2007.

Peter Peacock: To ask the Scottish Executive what training has been received on UK Forestry Standard requirements and compliance by non-Forestry Commission Scotland staff who are acting as Scotland Rural Development Programme (SRDP) case officers.

Roseanna Cunningham: Applications to the SRDP’s Rural Priorities which relate to forestry are normally allocated to Forestry Commission Scotland (FCS) staff. FCS staff also advise and assist non-FCS staff in respect of any woodland elements in other cases.

Peter Peacock : To ask the Scottish Executive when it plans to revise the guidance to land managers on forest planning, contained in Forestry Commission Scotland’s publication, Forest Design Planning.

Roseanna Cunningham: The Forestry Commission’s publication, Forest Design Planning – A Guide to Good Practice, will be considered for revision when the current review of the UK Forestry Standard and its associated guidelines has been completed. The review is expected to be completed by the end of 2010.

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive what the status is of Forestry Commission Scotland’s research information notes on consenting new planting.

Roseanna Cunningham: New woodland creation proposals are considered in accordance with the UK Forestry Standard and its associated Guidelines, which are currently under review. Forestry Commission Scotland’s (FCS) recently revised guidance on Environmental Impact Assessment is also taken into account. In addition, FCS has recently published an advice note entitled The Right Tree in the Right Place – Planning for Forestry and Woodlands, which gives practical advice to Planning Authorities. Research Information Notes, which are published by Forest Research, can provide helpful scientific guidance when assessing proposals.

18 June 2010

Peter Peacock: To ask the Scottish Executive how many applications it has received for support from the WATERS marine energy scheme; who made these applications; what the total support sought by each applicant is, and what companies have been successful in the first sift of such applications by Scottish Enterprise.

Jim Mather: The £12 million WATERS fund is being managed by Scottish Enterprise, who have provided the following information.

Thirty-one applications, totalling £74 million were received for support from the WATERS marine energy fund, making this an extremely competitive process. The applicants are:

Aquamarine Power

Open Hydro

ScotRenewables

AWS Ocean

Oceanlink UK Ltd

Scottish Power Renewables

RWE Npower Renewables

MacTaggart Scott

Prospect Flow Solutions Ltd

Nautricity Ltd

Ocean Flow Energy

Green Ocean Energy

Triden Energy Ltd

Fred Olsen Ltd

Lunar Energy Power Ltd

Firth Tidal Energy Ltd

Ocean Power Technologies

Swan Turbines

Pulse Tidal

Nova Innovation Ltd

AlbaTERN

Ocean Navitas

Innova Ltd

Pelamis Wave Power Ltd

Current2Current Ltd

Ferrier Pumps

Sintenergy

A&W Sinclair

Applied Technologies Company

SDE Energy

Nautilus Wave Energy.

A total of 11 applicants were selected to proceed to the next stage of more detailed diligence and Economic Impact Assessment (EIA). As that selection process is still ongoing, it would not be prudent to provide any further details at this time. The intention is that the awards will be confirmed and announced early in July 2010, at which time Scottish Enterprise will be happy to provide more detailed information.

9 June 2010

Peter Peacock : To ask the Scottish Executive whether it is aware of the concerns of local residents resulting from the recent decision by its reporter to allow consent for an incineration plant at Invergordon.

Stewart Stevenson: The Directorate for Planning and Environmental Appeals has received written representations from local residents concerning this decision and will respond to each letter individually.

8 June 2010

Peter Peacock: To ask the Scottish Executive whether it considers that those provisions of the Custodial Sentences and Weapons (Scotland) Act 2007 that come into force on 1 June 2010 will have unintentional consequences for several sports, including fencing.

Kenny MacAskill: No.

Peter Peacock : To ask the Scottish Executive whether it considers that the Custodial Sentences and Weapons (Scotland) Act 2007 will have a detrimental effect on the sport of fencing due to the requirement to have a trader’s licence for each premises in each local authority area.

Kenny MacAskill: No. The sport of fencing can continue under the requirements of the Custodial Sentences and Weapons (Scotland) Act 2007 that was passed under the previous administration.

Peter Peacock : To ask the Scottish Executive whether there are plans to amend the Custodial Sentences and Weapons (Scotland) Act 2007 before 30 June 2010 to ensure that equipment vendors are permitted to sell equipment at fencing tournaments and fencing coaches are able to sell equipment to club members without being required to hold a licence.

Kenny MacAskill: No. The knife dealers licensing scheme came into force on 1 June 2010 with exceptions to the licensing requirements in respect of fencing. We will monitor the operation of the act and consider if further action is necessary.

The act only requires a licence to be in place if a person is "carrying on a business". A coach operating, not as a business, does not therefore require a licence. In addition, the Knife Dealers (Exceptions) Order 2009 provides an exception for fencing coaches in order for them to lend or hire equipment to a pupil. Anybody, operating as a business and not covered by this exception would be able to apply for a temporary licence from the relevant licensing authority.

4 June 2010

Peter Peacock : To ask the Scottish Executive what the estimated cost to the economy was of days lost to work due to the fraudulent use of sick or fit notes in each of the last three years.

Nicola Sturgeon: This information is not held centrally. The management of sickness absence across the public and private sectors is a matter for individual public bodies, private companies and other employers.

Peter Peacock : To ask the Scottish Executive whether it is aware of any advertising of services to provide individuals with fake documents that resemble NHS fit notes and what steps it is taking to investigate and take action against anyone offering such notes for a fee.

Nicola Sturgeon: We are aware of a number of websites that are selling fake fit notes. This is not illegal. It only becomes illegal when someone receives a payment or advantage, for instance paid time off work, through use of a fake fit note.

Fraud against the NHS is taken very seriously and anyone caught using fraudulent documents will be pursued vigorously.

Peter Peacock : To ask the Scottish Executive what steps it will take to ensure the integrity of NHSScotland fit notes and prevent the use of fake fit notes.

Nicola Sturgeon: Fraud against the NHS is taken very seriously and anyone caught using fraudulent documents will be pursued vigorously.

The Med 3 medical certificate, commonly known as the fit note, is a document produced by the Department for Work and Pensions for the purposes of statutory sick pay. The Med 3 certificate has no other statutory purpose, but is commonly used by doctors as a means of giving advice to their patients. Addressing fraudulent production of Med 3 certificates is an issue for the Department of Work and Pensions and is a matter reserved to the UK Government.

NHSScotland Counter Fraud Services will investigate any cases concerning the recently introduced fit notes where NHS staff are identified as attempting to use or have used, fake fit notes or genuine fit notes which have been altered. Where fake sick notes are identified, there will be liaison with the Department of Work and Pensions whose role will be to investigate the supplier of the fake fit notes.

Peter Peacock : To ask the Scottish Executive whether it will consider placing a security mark on all NHSScotland official papers relating to employees’ sick leave in order to combat fraud.

Nicola Sturgeon: Fraud against the NHS is taken very seriously and anyone caught using fraudulent documents will be pursued vigorously.

All data relating to periods of sickness absence in NHSScotland is held in a secure national database; reports from this database cannot identify individuals. At a local level within Boards any documents relating to individual members of staff are held securely in line with both national and local data protection policies. Any breach of these policies is dealt with under agreed disciplinary procedures.

Where sickness absence fraud is suspected boards would liaise with their local Counter Fraud Services contact.

4 June 2010

Peter Peacock : To ask the Scottish Executive to what extent planning authorities are bound by the recommendations arising from examination reports on strategic development plans and local development plans as set out in Planning Circular 1 2009: Development Planning.

Stewart Stevenson: The process differs for strategic development plans (SDPs) and local development plans (LDPs), given Scottish Ministers’ statutory role in approving SDPs.

Once they have received the examination report on a proposed SDP, section 13 of the Planning etc. (Scotland) Act 2006 allows Scottish Ministers to approve or reject the plan, taking into account the recommendations made by the reporter(s). Ministers may make modifications in approving the plan, and if so will set out reasons for these.

Examination reports on proposed LDPs are largely binding on planning authorities. Regulation 2 of the Town and Country Planning (Grounds for declining to follow recommendations) (Scotland) Regulations 2009 states that authorities may only depart from recommendations that:

(a) would have the effect of making the LDP inconsistent with the National Planning Framework, or with any SDP or national park plan for the same area;

(b) are incompatible with Part IVA of the Conservation (Natural Habitats etc) Regulations 1994, or

(c) are based on conclusions that could not reasonably have been reached based on the evidence considered at the examination.

Section 19(11) of the Planning etc. (Scotland) Act 2006 also allows authorities to environmentally assess the plan following modification in response to recommendations, and to not make modifications that are not acceptable having regard to that assessment.

Peter Peacock : To ask the Scottish Executive whether it will reconsider the decision of its reporter to grant consent for an incineration plant at Invergordon.

John Swinney: This appeal was determined by a reporter appointed by Scottish Ministers. The decision is final subject to the right of any aggrieved party to appeal to the Court of Session within six weeks of the decision notice. This means that neither the reporter nor Scottish Ministers can comment on the merits of the proposed development or further consider this decision.

3 June 2010

Peter Peacock : To ask the Scottish Executive what the current status is of twinflower in Scotland’s native pinewoods.

Roseanna Cunningham: Twinflower was noted to be present in 77 sites in Scottish woodlands in 2008 in the progress report of the UK Biodiversity Action Plan, based on partial survey information. Most of the sites are in native pinewoods. The species is recorded as declining. The Forestry Commission has been undertaking genetic tests to help understand the clonal structure of twinflower populations, as well as carrying out research studies on forest management and design techniques to determine what can be done to help stimulate vegetative propagation, spread and flowering of the species.

Peter Peacock : To ask the Scottish Executive what the ecological basis and the design guidance are for the creation and management of moorland fringe on the national forest estate.

Roseanna Cunningham: An interface area between moorland and forestry, rather than a hard edge, provides a mosaic of habitats which can create a suitable home for a range of species, including black grouse in particular. Other species which can benefit from a lower density canopy edge habitat include some butterfly species and juniper. Forestry Commission Scotland’s design objectives for moorland fringe on the national forest estate are developed on a site by site basis, dependent on the species and habitats present, and the age of the forest. However, the general principles involved are outlined in the Forestry Commission’s suite of Forest Guidelines (currently under revision) which cover issues such as biodiversity and landscape design.

02 June 2010

Peter Peacock : To ask the Scottish Executive what the outcomes were of the independent inquiry held into the Infectious Salmon Anaemia outbreak in Shetland announced in early 2009 by the Minister for Environment.

Roseanna Cunningham: The draft report into the Infectious Salmon Anaemia outbreak in Shetland is currently being finalised. The draft will then go to additional external experts for comment, before publication in August of this year.

02 June 2010

Peter Peacock : To ask the Scottish Executive whether it would expect the Scottish Environment Protection Agency (SEPA) management to consult SEPA staff prior to taking decisions that significantly affect staff.

Roseanna Cunningham: I can confirm that SEPA is fully committed to the wellbeing of its staff and SEPA senior management fully engage with staff before taking decisions that will significantly affect SEPA staff. Any proposed changes to SEPA’s organisational structure and to the way it delivers its services are operational matters for the agency itself.

Peter Peacock : To ask the Scottish Executive whether it is satisfied that the proper procedures were followed by the Scottish Environment Protection Agency (SEPA) when it was considering the closure of its laboratory building in Dingwall.

Roseanna Cunningham: Any proposed changes to SEPA’s organisational structure and to the way it delivers its services are operational matters for the agency itself. I am aware that SEPA informed all Line Managers of Dingwall based staff of the decision to close the Dingwall laboratory and held a meeting with all staff to be affected on 14 May 2010.

02 June 2010

Peter Peacock : To ask the Scottish Executive what Forestry Commission Scotland’s policy advice is on the creation of new designated wildlife sites.

Roseanna Cunningham: Forestry Commission Scotland (FCS) serves as the Scottish Government’s forestry directorate and is consulted where necessary on any forestry issues that may arise when creating new designated wildlife sites. Although the detail of such advice depends on particular circumstances, it is formulated within the context of FCS’s biodiversity programme for 2008-11 which is published as Woods for Nature.

Peter Peacock : To ask the Scottish Executive whether it considers that the Scottish Forestry Strategy targets can be met without damaging existing or proposed European wildlife sites.

Roseanna Cunningham: Yes. The Scottish Forestry Strategy, launched in 2006, set challenging targets across all its key themes, including environmental quality and biodiversity.

27 May 2010

Peter Peacock : To ask the Scottish Executive what its assessment is of the extent of (a) European and (b) American foulbrood.

Richard Lochhead: In 2009 European foulbrood was confirmed in 255 hives in 64 apiaries located in Perthshire, Angus, Inverness and Moray.

In 2009 American foulbrood was confirmed in 123 hives in 32 apiaries located in Inverness-shire, Perthshire and Angus and the Stranraer area.

Peter Peacock : To ask the Scottish Executive what plans it has to inspect hives in spring 2010 to establish the status of disease among honeybees.

Richard Lochhead: Scottish Government Bee Inspectors commenced their programme of inspections in May 2010. Inspections have initially focussed on the apiaries of the commercial beekeepers in the Perthshire area that were most severely affected by European Foulbrood in 2009. Inspections are also being carried out in other areas where EFB and AFB was confirmed in 2009. In addition there will also be spot-checks throughout the country.

Peter Peacock: To ask the Scottish Executive what its assessment is of the (a) health and (b) numbers of the bee population following the severe weather conditions in the winter of 2009-10.

Richard Lochhead: The health of the bee population will be clearer when more inspections have been completed this summer.

An assessment of information provided by commercial bee farmers indicates that overwinter losses are highly variable between businesses, ranging from 10% or less to over 50% in a few cases. However, these losses cannot be unequivocally assigned to the impact of severe weather as a number of factors, including nutrition and health over previous years will also play a part.

Peter Peacock : To ask the Scottish Executive what funding has been committed to monitor bee diseases in 2010-11 and what the equivalent figures were for (a) 2007-08 (b) 2008-09 and (c ) 2009-10.

Richard Lochhead: Funding is not allocated directly to the monitoring of bee diseases. The Scottish Government provides funding for a number of areas in relation to the health of honeybees including support for a team of 12 bee inspectors (four full-time equivalents) and a free diagnostic service at SASA to identify and confirm the presence of varroa and notifiable bee pests and diseases.

Scottish Government also supports an apiculture specialist at the Scottish Agricultural College to provide comprehensive advisory, training and education programmes for beekeepers throughout Scotland. In addition Scottish Government have committed a contribution of £500,000 to the £10 million Insect Pollinator research initiative which will address issues of bee health.

27 May 2010

Peter Peacock : To ask the Scottish Executive how much coastal dune system is planted with trees on the national forest estate.

Roseanna Cunningham: There are 4,540 hectares of coastal sand dune system planted with trees on the national forest estate

27 May2010

Peter Peacock : To ask the Scottish Executive how many felling licences issued in the last four years included conditions related to minimising disturbance to badgers.

Roseanna Cunningham: Forestry Commission Scotland (FCS) has not issued any felling licences in the last four years which included specific conditions relating to minimising disturbance to badgers. FCS does, however, formally notify felling licence applicants of their responsibility under the Nature Conservation (Scotland) Act 2004 in relation to badgers, and it also provides advice in the form of its guidance on Forest Operations and Badger Setts. Where appropriate, FCS formally consult SNH (and other statutory bodies) on felling licence applications, and any feedback is passed on to the applicant.

Peter Peacock : To ask the Scottish Executive how many Forestry Commission Scotland staff have current bat licences.

Roseanna Cunningham: There are 26 Forestry Commission Scotland staff who currently have bat handling licences.

Peter Peacock : To ask the Scottish Executive how much unmarked deer fencing remains in capercaillie core areas.

Roseanna Cunningham: The Capercaillie Project Officer, funded by SNH, Forestry Commission Scotland and RSPB keeps a full inventory of the deer fences within one kilometre of active capercaillie lek sites. The inventory shows that the amount of unmarked fencing in these areas is continuing to be reduced, and that it currently stands at 17 kilometres. In line with the Joint Agency Statement on Deer Fencing and the Capercaillie Species Action Framework, discussions are ongoing with the relevant land managers regarding the marking or removal of the remaining fencing. A detailed record of deer fencing is not kept for the other parts of the core areas, where there are generally lower risks of collision for capercaillie, but this fencing is still assessed by the Project Officer who recommends marking or removal where considered necessary.

13 May 2010

Peter Peacock : To ask the Scottish Executive who the key Scottish stakeholders are that will be involved in helping develop future broadband strategy and responding to the recommendations of the UK Government’s Digital Britain telecoms strategy.

Peter Peacock: To ask the Scottish Executive whether Scottish internet service providers will be among the stakeholders to be consulted to explore the UK Government’s Digital Britain telecoms strategy in more detail.

Jim Mather: The Scottish Government has established a small group of key Scottish stakeholders in order to help us improve our understanding of wider Scottish interests in the telecoms elements of Digital Britain. This will allow us to present a robust and inclusive Scottish view of these issues to the incoming UK government.

The first meeting of the group took place on 10 May 2010, and representatives from the key Scottish public sector agencies and main business organisations with Digital Britain interests were invited to participate. Representatives from the following organisations attended this meeting: Communications Consumer Panel; Consumer Focus Scotland; Federation of Small Businesses; Highlands and Islands Enterprise; Ofcom; Royal Society of Edinburgh; Scottish Council for Development and Industry, ScotlandIS; Scottish Enterprise, and, Scottish Trades Union Congress. The group does not include any bodies (such as telecoms companies or ISPs) which may have a direct commercial interest in Digital Britain.

12 May 2010

Peter Peacock : To ask the Scottish Executive whether it shares the universal service commitment target of 2 Mbs by 2012 set out in the Digital Britain report as its objective for Scotland or whether it has set a separate target and, if so, within what timescales.

Peter Peacock : To ask the Scottish Executive what (a) target it has to support the achievement of universal coverage across Scotland of super-fast broadband, (b) year it expects this target to be met in, (c) speeds it considers would constitute minimum super-fast broadband and (d) its position is on the objectives in the Digital Britain report with regard to super-fast broadband for Scotland.

Peter Peacock : To ask the Scottish Executive whether it considers that it has a role, along with the UK Government, in seeking to secure upgraded broadband connectivity across Scotland, which Scottish Government objectives the upgrading of broadband connectivity would support and what it believes are the roles it can perform in seeking to upgrade current levels of broadband connectivity.

Jim Mather: Whilst the Scottish Government does welcome the UK Government’s universal service commitment target of 2 Mbps (megabits per second) by 2012, we would not wish this to be a restrictive target in terms of potential future scaleability. The Scottish Government’s current policy on broadband is provision of broadband at a speed of 512 kbps (kilobits per second) to known demand, which has been achieved through our Broadband Reach Project.

The Scottish Government is currently working with stakeholders to develop a future policy on broadband. As part of this work, we are improving our evidence base and have already issued a call for expressions of interest for a new piece of research on broadband and business usage in Scotland and will this month issue an invitation to tender to short-listed candidate tenderers. We expect this research will provide some clarification on the extent to which existing broadband infrastructure is acting on a constraint on business growth. This will be followed up with additional research later this year which is likely to include an assessment of how best the Scottish Government (and/or wider public sector) can work with the market to drive market-led investment in NGA.

Although telecoms policy is reserved to the UK Government, the Scottish Government has a role in seeking to secure upgraded broadband connectivity across Scotland under the aegis of economic development. The upgrading of broadband connectivity supports our strategic objectives "wealthier and fairer" and "smarter", and we are keen to engage closely with the UK Government as it rolls out Digital Britain to ensure the best possible outcome for all of Scotland.

The Scottish Government also has a role to ensure that Scottish interests are effectively represented at a UK level with Broadband Delivery UK (BDUK), the UK Government steering group with responsibility for delivering its Digital Britain broadband commitments. Productive engagement with this group is already taking place at official level, and separately, we have established a key group of stakeholders to ensure representation of a wider group of Scottish interests is made at UK level. In addition, we have responded to three UK Government consultations on telecoms aspects of Digital Britain. These are: A Consultation on a Direction to Ofcom to Implement the Wireless Radio Spectrum Modernisation Programme; Implementing a landline duty: consultation on draft legislation and impacts, and;

Consultation on proposals for a Next Generation Fund. Copies of the responses can be found at the following link:

23 April 2010

Peter Peacock : To ask the Scottish Executive whether a crofting community trust is regarded as a properly constituted organisation in relation to applications for assistance from public funds.

Roseanna Cunningham: A crofting community trust will - as with all applicants - require to meet the eligibility requirements for any public funding programme to which they apply, in order to be considered for funding.

Peter Peacock : To ask the Scottish Executive whether applications for assistance from public funds from crofting community trusts are subject to the same scrutiny as those from other organisations.

Roseanna Cunningham: An eligible crofting community trust’s application to a public funding scheme is subject to the same level of scrutiny as applications from other eligible organisations.

23 April 2010

Peter Peacock : To ask the Scottish Executive what it defines as a properly constituted organisation in relation to applications for assistance from public funds.

Roseanna Cunningham: Organisations looking to acquire funding from public funds will require to be properly constituted in accordance with the requirements of whichever funding programme they apply to.

For example regulation 9 of The Leader Grants (Scotland) Regulations 2008 defines an eligible body for LEADER grant purposes. In addition to a group, the regulation provides that a consortia which is a collaboration between groups and individuals (where such collaboration is governed by a written legal agreement) can be an eligible body.

16 April 2010

Peter Peacock : To ask the Scottish Executive what the reasons were for prioritising the upgrading of the A82 at Crianlarich rather than upgrading sections with a greater accident rate.

Stewart Stevenson: The A82 Route Action Plan (RAP) published in April 2006 identified six long term measures to address key operational problems along the route. On the basis of these recommendations Scottish ministers decided to take forward the A82 Crianlarich Bypass and the A82 Pulpit Rock Improvement scheme.

In addition, the Strategic Transport Projects Review (STPR) has recommended an upgrade of the A82 to reduce accident severity. A timetable for undertaking this work will be set in the context of overall affordability and our commitments to other STPR proposals.

Peter Peacock : To ask the Scottish Executive what the projected improvement is on the accident rate on the A82 following the upgrading of the Crianlarich section.

Stewart Stevenson: The projected accident rate associated with the newly designed single carriageway at Crianlarich is 0.293 (personal injury accidents per million vehicle kilometers). This is less than half the rate associated with the section of the A82 being bypassed in recent years.

Peter Peacock : To ask the Scottish Executive what next section of the A82 it will commit to upgrading.

Stewart Stevenson: Within the current programme work is progressing to deliver improvements at Crianlarich and Pulpit Rock.

Subject to satisfactory completion of statutory procedures, it is estimated that the Crianlarich bypass will be open to traffic in 2012-13. Regarding Pulpit Rock, it is estimated that the draft road orders will be published in summer 2010, with construction completion estimated for 2012-13, subject to the requirement for a Public Local Inquiry.

In the longer term, the Strategic Transport Projects Review has recommended an upgrade of the A82 to reduce accident severity. A timetable for undertaking this work will be set in the context of overall affordability and our commitments to other STPR proposals.

Peter Peacock : To ask the Scottish Executive when it will commit to upgrading the sections of the A82 with the greatest accident rates.

Stewart Stevenson: The sections of the A82 which currently have the greatest accident rates are between Tarbet and Crianlarich and Ballachulish and Fort William.

Regarding the section between Tarbet and Crianlarich, subject to satisfactory completion of statutory procedures, it is estimated that the Crianlarich bypass will be open to traffic in 2012-13. It is also estimated that the draft road orders for Pulpit Rock will be published in summer 2010, with construction completion estimated for 2012-13, subject to the requirement for a Public Local Inquiry.

Regarding the section between Ballachulish and Fort William, work associated with

improvements to the existing Ballachulish junction with realignment of kerblines to remove deceleration lanes is estimated to begin near the end of this year, and

the removal of laybys at three locations between Corran Ferry and Fort William where road safety concerns were identified has now been completed.

In addition, work associated with the installation of vehicular guardrails at 14 high risk locations on the A82 to improve safety has also now been completed.

In the longer term, the Strategic Transport Projects Review has recommended an upgrade of the A82 to reduce accident severity. A timetable for undertaking this work will be set in the context of overall affordability and our commitments to other STPR proposals.

15 April 2010

Peter Peacock : To ask the Scottish Executive what its assessment is of the conclusions of the Treasury Committee's eighth report of session 2009-10, "The management of the Crown Estate", in relation to the management and development of Scottish waters. (S3O-10095)

Richard Lochhead : I welcome the Treasury Committee's acknowledgement of the frustration in Scotland with the extent to which current arrangements for the Crown Estate commissioners take account of Scottish interests. Building on the Treasury Committee's recommendations and working constructively with the Crown Estate, we will be seeking to ensure that full weight is given to Scottish interests.

Peter Peacock: As the minister says, the committee's report is extremely interesting. Does the minister share my view that it is important that the Crown Estate commissioners study it and consider its implications and, in the short term, engage meaningfully with local authorities and others in Scotland to consider how the potential resources and revenue from offshore renewables developments can be shared with Scottish communities? Does the Scottish Government have any plans to discuss the report with the Crown Estate commissioners?

Richard Lochhead: We share the member's sentiments and hope that the Crown Estate takes forward some of the actions that he suggests. I assure the member that Scottish ministers are actively considering our options and are paying close attention to some of the recommendations in the report. We have no doubt that the people of Scotland, this Parliament and our local authorities would much rather that the Crown Estate was accountable to the Scottish Parliament than elsewhere.

25 March 2010

Peter Peacock : To ask the Scottish Executive, further to the answer to question S3W-31315 by Jim Mather on 2 March 2010, whether all applications have been assessed by the same criteria in relation to the draw down of Wave and Tidal Energy Support Scheme (WATES) funding.

Jim Mather: Yes.

Peter Peacock : To ask the Scottish Executive whether a company can continue to draw down its Wave and Tidal Energy Support Scheme (WATES) funding following changes in the technology it is developing.

Jim Mather: A company may retain its WATES grant in circumstances where any changes to the technology in question are a clear and demonstrable evolution of the original design, or a change in the size and rated capacity of the device.

Peter Peacock : To ask the Scottish Executive what plans it has to use any Wave and Tidal Energy Support Scheme (WATES) funding not drawn down by March 2011.

Jim Mather: Any WATES funding not drawn down by March 2011 will be available for recycling into other activities aimed at supporting the wave and tidal sector.

Peter Peacock : To ask the Scottish Executive what steps it is taking to ensure that all Wave and Tidal Energy Support Scheme (WATES) funding allocations are spent by March 2011.

Jim Mather: We are and will remain in close contact with the outstanding WATES project developers to ensure that the relevant funds are drawn down in accordance with agreed project milestones.

Peter Peacock : To ask the Scottish Executive whether funding allocated under the Wave and Tidal Energy Support Scheme (WATES) but not spent by March 2011 will be withdrawn.

Jim Mather: Funds in respect of projects granted support under the WATES scheme must be spent by March 2011. Activities beyond this point will not be eligible for WATES funding, and any unused funding will be recycled into other activities aimed at supporting the wave and tidal sector.

Peter Peacock: To ask the Scottish Executive what arrangements it has in place for a second round of Wave and Tidal Energy Support Scheme (WATES) funding and what criteria will be used to determine applications.

Jim Mather: A new £12 million fund to support wave and tidal energy technologies (known as WATERS) has now been launched and a call for applications is currently open.

The fund is being administered by Scottish Enterprise. Further information is available at:

Peter Peacock: To ask the Scottish Executive what considerations it takes into account when determining applications for onshore wind farm developments and whether such considerations include (a) whether the proposal has a positive carbon payback period and (b) the length of any positive payback period.

Jim Mather: Scottish ministers are responsible for determining applications for energy consents over 50 MW under Section 36 of the Electricity Act 1989, which requires them to consider all material evidence.
A carbon lifecycle assessment can be one such material consideration.

Peter Peacock: To ask the Scottish Executive what advice it gives to onshore wind farm developers on the (a) considerations to be taken into account and (b) methods of calculation to be used in relation to the carbon payback of a proposal, particularly those involving peat land.

12 March 2010

Peter Peacock : To ask the Scottish Executive how many non-native (a) red-legged partridges and (b) pheasants are released into the wild each year and what trend the number of releases has shown over recent decades.

Roseanna Cunningham: This information is not available. There is no requirement for land managers to provide information on the numbers of game birds released on their land.

Peter Peacock : To ask the Scottish Executive whether it is aware of evidence that releases of non-native game birds have been implicated in damage to (a) wildlife on Sites of Special Scientific Interest or (b) the wider environment.

Roseanna Cunningham: The Scottish Government is aware that release of non-native red legged partridge was implicated in damage to a SSSI (Craig Leek) near Braemar. The birds were released at a location adjacent to but not within the SSSI and started to roost in concentrated numbers on rock ledges within the SSSI leading to nutrient enrichment of the ledges through the accumulation of droppings.

In the wider environment, the inappropriate siting of game bird release pens may have localised impacts on habitats (such as damage to ground flora) within the release pens or in areas adjacent to the pens. Some researchers have expressed concern about the risks of transfer of parasites and diseases from concentrations of non-native game birds to wild bird populations and over the impact large numbers of non-native game birds may have on the availability of food for native birds, although we are not aware that these concerns have been substantiated evidentially.

12 March 2010

Peter Peacock : To ask the Scottish Executive what studies have been undertaken into the projected CO₂ emissions arising from the planned Scottish Environment Protection Agency (SEPA) structural reorganisation process and how this compares with the emissions from SEPA’s current operations.

Roseanna Cunningham: This is an operational matter for SEPA. I have asked Dr Campbell Gemmell, Chief Executive of SEPA, to respond to your question.

12 March 2010

Peter Peacock : To ask the Scottish Executive whether the flood funding grant in 2010-11 and 2011-12 will take account of previous years’ flood expenditure by local authorities.

Roseanna Cunningham: The General Capital Grant distributed to all authorities covers all services including flood risk management measures. A distribution methodology for resourcing these measures

25 February 2010

Peter Peacock : To ask the Scottish Executive, further to the answer to question S3W-31046 by John Swinney on 3 February 2010 in which it states that it estimates that the non-domestic rate poundage will deliver a benefit to Scottish business of around £220 million in 2010-11, what the equivalent figures were for (a) 2008-09 and (b) 2009-10.

John Swinney: The information requested is not held. It is not possible to retrospectively provide an estimate as to what assumptions we would have made in setting the 2008-09 and 2009-10 poundage rates.

08 February 2010

To ask the Scottish Executive when it will publish the report of the Bull Hire Review Group.

Roseanna Cunningham

I have carefully considered the report and have decided that in the interests of delivery timescales and efficiency that the scheme should continue from a streamlined government owned stud based at Inverness. The report and minutes of the Bull Hire Review Group will now be published on the Scottish Government website.

To ask the Scottish Executive, with reference to the future of the Bull Hire Scheme, whether it is considering an option of tendering for the provision of the service.

Roseanna Cunningham

The very informative and detailed report presented to me by the Bull Hire Review Group on 30 November 2009 presented a number of options. One of these related to tendering for the provision of the service. I have, however, decided in the interests of delivery timescales and efficiency to streamline the existing government stud farm at Inverness with the long term view ideally being one of communities keeping and owning the bulls where they are needed.

04 February 2010

To ask the Scottish Executive whether it will confirm that all marine renewables and their associated works are legitimate uses of the sea, as referred to in the Marine (Scotland) Bill.

Richard Lochhead:

The definition of "legitimate use" of the sea in relation to marine renewables has been the point of discussion at Stage 2 of the Marine (Scotland) Bill. The official report of the Rural Affairs and Environment Committee for 18 November 2009 makes clear the Scottish Government’s consideration that marine renewables are a legitimate use of our seas. The Scottish Government is pleased to confirm that all marine renewables and their associated works could be legitimate uses of the sea.

To ask the Scottish Executive whether it will confirm that each non-urgent Marine Protected Area designation will be subject to a 12-week consultation, as referred to in the Marine (Scotland) Bill.

Richard Lochhead:

The Scottish Government intention is to consult on non urgent designation orders for a minimum of 12 weeks before the order is intended to be made. However, on occasion it may be necessary to move quicker than this, such as the discovery of a rare species. In such cases flexibility in the consultation period would still allow dialogue with stakeholders to be undertaken as part of the designation process, but on a more urgent basis.

To ask the Scottish Executive whether there will be a preference for existing users over new users in relation to legitimate uses of the sea, as referred to in the Marine (Scotland) Bill.

Richard Lochhead: The Marine (Scotland) Bill introduces a new framework for marine planning for the first time. Marine planning will provide the tools to resolve conflict and encourage co-operation between all users of the marine area.

03 February 2010

Peter Peacock:

To ask the Scottish Executive what funding it has made available in 2009-10 to achieve parity with the non-domestic poundage rate in England and Wales.

Peter Peacock :

To ask the Scottish Executive how the funding it has made available in 2009-10 to achieve parity with the non-domestic poundage rate in England and Wales compares with figures for (a) 2007-08 and (b) 2008-09.

The total funding provided by the Scottish Government to local government in Scotland in 2009-10 for non domestic rates is £2.165 billion. The poundage rate in Scotland has been maintained equal to that for England since 2007-08. It is below that set for Wales. Settlements in each year since 2007-08, including 2009-10, have allowed for this.

This government’s policy of maintaining parity with the English poundage has not been at the expense of our local government partners, who under this administration have seen their share of the Scottish budget, which had been in steady decline under the previous administration, increase year on year over the current spending review period. We estimate that the approach we have taken in setting the 2010-11 poundage rate for Scotland equal to that in England, following the 2010 revaluation, will deliver a benefit to Scottish businesses worth around £220 million in that year.

25 January 2010

Peter Peacock : To ask the Scottish Executive what role Scottish Natural Heritage and the Scottish Environment Protection Agency have in any application by a local authority or riparian owner to dredge a watercourse.

Richard Lochhead: Dredging of a watercourse is a controlled activity under the terms of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (CAR). Any person or body wishing to dredge a watercourse requires a CAR licence from SEPA.

Where a licence application for dredging falls within a Special Area of Conservation (SAC) or Site of Special Scientific Interest (SSSI), SEPA works with SNH to ensure the nature conservation interests of the site are included appropriately within any assessments and subsequent licence determination.

21 January 2010

Peter Peacock: To ask the Scottish Executive what additional measures it is considering to better support people in keeping their homes warm and efficiently heated.

The Minister for Housing and Communities (Alex Neil): The Scottish Government is already helping people throughout Scotland to reduce their heating bills and keep their homes warm through the energy assistance package and the home insulation scheme. Anyone can call 0800512012 to obtain guidance on energy savings or to check their entitlement to benefits and cheap energy tariffs. Many people are eligible for cheaper rates, and, if they call today, they could be on a new tariff within a couple of weeks. Between April and the end of December last year, 5,500 fuel-poor households had heating and insulation measures installed under stage 4 of the energy assistance package, which should save them on average £884 a year on their fuel bills.

Peter Peacock: Amid the grand rhetoric, I am surprised that the minister did not mention the collapse in the number of heating systems that have been installed since his Government came to power. However, on a more positive note, can I encourage the minister in his future thinking to consider new provisions in the home insulation scheme for homes that are difficult to insulate? In particular, a range of people live in fuel poverty in houses that were built in the 1960s and which used the first type of timber-frame construction, which are difficult to insulate now because they do not have a normal cavity wall. The only thing that can be done is to build a new cavity wall either inside or beyond the current boundary of the house, which is very expensive and is beyond most people. Will the minister have a look at that issue in particular in his new thinking about future planning?

Alex Neil: Peter Peacock raises two points. The first is about the number of heating systems installed under this Government. We had a record number of installations of central heating systems last year—unprecedented since the Parliament was established. His second point is a very reasonable one. I am aware of new technology that can be used for external insulation measures. I am already looking at that and I will be delighted to share that information with the member in relation to the valid point that he raises about particular types of building.

18 January 2010

Peter Peacock : To ask the Scottish Executive what steps it is taking to secure a share of the £1 billion announced by the UK Government on 7 January 2010 for the roll-out of super-fast broadband.

Jim Mather: Whilst it is not yet known how the UK Government will allocate the £1 billion that it announced on 7 January 2010 for the roll-out of next-generation broadband, the Scottish Government will continue to liaise with the Department of Business, Innovation and Skills (BIS), as part of its bilateral engagement on wider Digital Britain telecoms issues, to ensure that Scottish interests are fully represented as the UK Government takes forward this work. In addition, the Scottish Government is currently considering BIS’s current consultation on this issue, and will issue an appropriate response in due course.

15 January 2010

Peter Peacock : To ask the Scottish Executive, further to the answer to question S3W-29269 by Jim Mather on 3 December 2009, when it expects discussions between officials and others on the most effective mechanisms to advance the LEADER broadband programme to be completed and made public.

Roseanna Cunningham: LEADER local action group chairs have been asked to consider the best options to deliver EU Economic Recovery funding for broadband by 23 February 2010. Other delivery options under the SRDP are also being explored.

15 January 2010

Peter Peacock: To ask the Scottish Executive what opportunity it will give to licensees to put their case to the Scottish Ministers before a licence is suspended, revoked or varied under section 23 of the Marine (Scotland) Bill.

Peter Peacock : To ask the Scottish Executive what provision it will make for reasons to be given to licensees for decisions to suspend, revoke or vary a licence under section 23 of the Marine (Scotland) Bill.

Peter Peacock : To ask the Scottish Executive what safeguards it will put in place to ensure the independence and impartiality of decision making on the suspension, revocation or variation of a licence under section 23 of the Marine (Scotland) Bill.

Richard Lochhead: Decisions on the suspension, revocation or variation of a licence under section 23 will be taken on evidence. All decisions taken by Marine Scotland and the evidence on which they are based will be subject to public scrutiny through the Freedom of Information (Scotland) Act 2002 and The Environmental Information (Scotland) Regulations 2004. Also, the Marine Bill provides for a right of appeal under section 52.

Richard Lochhead: A marine licence will only be suspended, revoked or varied, if through compliance monitoring or a complaint, Marine Scotland believes that a breach has been made. If it is not an emergency situation the licensee may be asked to temporarily suspend operations and to provide a response before any final decision is taken. All licensees will be kept fully informed through dialogue and in writing of the reasons why a licence has been varied, suspended or revoked.

Peter Peacock : To ask the Scottish Executive what provision it will make for reasons to be given to applicants for a licensing decision under section 22 of the Marine (Scotland) Bill.

Richard Lochhead: The Scottish Ministers are committed to producing guidance on the new marine licence application process. However, it is expected that in practice the process will involve continuous dialogue between the applicant and Marine Scotland before a licensing decision is reached. In addition, all applicants will be informed in writing of the reasons why an application has been refused or of the conditions that are to be attached to a marine licence.

Peter Peacock : To ask the Scottish Executive what grounds of appeal there will be against decisions taken by the Scottish Ministers under section 22 of the Marine (Scotland) Bill and what powers sheriffs will have in dealing with such appeals.

Richard Lochhead: As currently drafted section 29 of the Marine Bill requires Scottish ministers, by regulation, to make provisions for any person who applies for a marine licence to appeal against a decision under section 22. These regulations must come into force on the day on which Part 3 of the Bill, (marine licensing), comes into force. We anticipate the regulations will make an appeal possible on grounds listed in Section 38(6).

The Scottish Government will hold a full public consultation on these regulations in due course and this will cover grounds of appeal and the powers of the appellate body. These regulations will be subject to parliamentary approval.

Peter Peacock : To ask the Scottish Executive what grounds of appeal there will be against decisions taken by the Scottish Ministers under section 23 of the Marine (Scotland) Bill to suspend, revoke or vary a licence and what powers sheriffs will have in dealing with such appeals.

Richard Lochhead: As currently drafted, Section 52 of the Marine Bill requires Scottish ministers by regulation to make provisions for any person, who is subject to a notice under section 23 (variation, suspension or revocation notice), section 34 (compliance notice), section 35 (remediation notice), section 46 (stop notice) or section 48 (emergency safety notice) to appeal against that decision. We anticipate the regulations will make an appeal possible on grounds listed in Section 38(6).

These regulations must come into force on the day on which Part 3 of the Bill, (marine licensing), comes into force.

The Scottish Government will hold a full public consultation on these regulations in due course and this will cover grounds of appeal and the powers of the appellate body. These regulations will be subject to Parliamentary approval.

15 January 2010

Peter Peacock : To ask the Scottish Executive what consideration has been given to the Review of the General Permitted Development Order 1992: Final Report in any recent reviews of permitted development rights.

Stewart Stevenson: The Scottish Government’s current priorities are householder permitted development and domestic microgeneration technologies. The recommendations in the Heriot-Watt report in relation to microgeneration were a consideration when drafting the Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2009. Householder permitted development was subject to a separate review carried out by Heriot-Watt University.

We will consider the research findings and recommendations produced by Heriot-Watt University et al from their review of the General Permitted Development Order in their report along with any other relevant information when we are identifying the priorities for taking forward the review of the wider General Permitted Development Order later in 2010.

15 January 2010

Peter Peacock : To ask the Scottish Executive which sections of the A82 it regarded in (a) 2005, (b) 2006, (c) 2007, (d) 2008 and (e) 2009 as being statistically the most likely for accidents.

Stewart Stevenson: Safer road design, improved speed management, continued maintenance and a better provision for vulnerable road users are amongst the steps being taken to reduce numbers of injuries and fatalities on Scotland’s roads. Transport Scotland assesses the safety performance of the trunk road network on an annual basis by screening all locations where three or more accidents have occurred in a three year period. Further investigations are carried out and where appropriate, mitigation measures are installed. The combination of the annual screening, proactive investigations following fatal accident site visits and community safety concerns has resulted in various accident investigation and prevention studies being carried out along the following lengths of the A82:

2005-06

Inverness to Tyndrum Route Accident Reduction Plan (RARP).

2006-07

Corran Ferry,

Nevis Bank roundabout to Lochybridge.

2007-08

North of Clifton, Tyndrum and B863 junction,

Glencoe.

2008-09

Longman Road, Inverness.

2009-10

North of Inveruglas,

North of Ardvorlich,

At the A82/A85 junction at Crianlarich,

Friars Bridge at Inverness,

Spean Bridge,

Cuilcheanna at Onich.

15 January 2010

Peter Peacock : To ask the Scottish Executive how many cases regarding hill tracks have been brought before the Scottish Land Court.

Fergus Ewing: The information requested is not held centrally.

14 January 2010

Peter Peacock: To ask the Scottish Executive, further to the answers to questions S3W-29290 and S3W-29287 by Jim Mather on 3 December 2009, whether it will consider working with partners to project demand for broadband services and assist in the development of investment plans by infrastructure providers.

Jim Mather: As stated in the response to question S3W-29287, answered with S3W-29290 on 3 December 2009, in the Scottish Government’s approach to our future next generation broadband strategy, I can confirm that we will consider the value of demand-side intervention models. Such intervention could accordingly assist in the development of investment plans by infrastructure providers, as has taken place in the past.

14 January 2010

Peter Peacock : To ask the Scottish Executive whether it expects to start preparatory work for the dualling of the A9 between Perth and Inverness in the current parliamentary session.

Peter Peacock : To ask the Scottish Executive whether it has decided on a funding mechanism for the dualling of the A9 between Perth and Inverness.

Peter Peacock : To ask the Scottish Executive what schedule is required to be followed by the contractor responsible for gritting the A9 between Perth and Inverness on (a) Monday to Friday, (b) Saturday and (c) Sunday.

Peter Peacock : To ask the Scottish Executive what conditions need to be met before it is deemed necessary to grit the A9 between Perth and Inverness.

Peter Peacock : To ask the Scottish Executive what the expected response time is for the contractor to grit the A9 between Inverness and Perth.

Peter Peacock : To ask the Scottish Executive what its position is on the provisions for clearing snow on the A9 between Perth and Inverness.

Stewart Stevenson: The contractual requirements that our Operating Company, Scotland TranServ, has to deliver are set out in a document that is available on the Transport Scotland Website at:

The Operating Companies are also required to prepare an annual winter service plan and this is also available at:

12 January 2010

Peter Peacock: To ask the Scottish Executive what powers local authorities have to dredge watercourses.

Roseanna Cunningham: Local authorities currently have powers, under section 2 of the Flood Prevention (Scotland) Act 1961, to cleanse, repair or otherwise maintain any watercourse in a due state of efficiency. Under section 4B of the act, they have a duty to do so in certain circumstances. Cleansing means the removal of mud, silt, debris or other obstructive matter from a watercourse in the ordinary course of good maintenance.

These provisions will be revoked when part 4 of the Flood Risk Management (Scotland) Act 2009 is brought into effect in 2010. Local authorities will then have a general power, under section 56, to do anything to manage flood risk and, under section 59, a duty to carry out any clearance and repair works described in a schedule prepared under section 18. Clearance and repair works consist of removing obstructions, or things at significant risk of becoming obstructions, and repairing artificial structures forming part of the bed or banks of a body of water.

Inappropriate dredging can cause significant damage to the ecological quality of the water environment, and destabilise rivers leading to increased upstream and downstream erosion. This can damage river banks and even undermine structures in the river channel. The scale of the effect depends on the river characteristics and the design of the works. Because of these risks, dredging requires an authorisation from SEPA under the Water Environment (Controlled Activities) (Scotland) Regulations 2005.

However, where the environmental risks are low, the Regulations allow dredging to be undertaken under general binding rules. The rules, specified in CAR, set conditions on appropriate good practice. They cover activities such as removing sediments from around culverts, upstream of small weirs and small, straightened rivers. In these circumstances, no application to SEPA is required.

Peter Peacock : To ask the Scottish Executive whether grant funding is available to local authorities to undertake dredging of watercourses and, if so, how much has been allocated to each local authority in each of the last three years.

Roseanna Cunningham: Funding for flood prevention services, including the dredging of watercourses to reduce flood risk, is included as part of the block grant provided to local authorities by the Scottish Government but it is not separately identifiable. The full details of the total grant support are issued to local authorities by circular. The most recent circulars can be found by following the link to the following Scottish Government website:

Peter Peacock : To ask the Scottish Executive what the impact will be on the timescale for a decision on the Elgin Flood Alleviation Scheme in light of the reporter’s recent request that Moray Council provide further details on downstream of Elgin flood risk.

Roseanna Cunningham: It will delay the submission of the report of the inquiry to the Scottish Government. The report of any inquiry must be considered before ministers come to a decision about confirmation of a scheme. At this stage, it is not possible to estimate a timescale as this will depend on a number of factors, not least when the council can provide the information requested, the content thereof and the extent of any further representations by the parties concerned.

Peter Peacock : To ask the Scottish Executive how many (a) fatal and (b) non-fatal accidents there were on the A82 between Inverness and Crianlarich in (i) 2005, (ii) 2006, (iii) 2007, (iv) 2008 and (v) 2009.

Stewart Stevenson: The number of (a) fatal accidents and (b) non-fatal injury accidents on the A82 between Inverness and Crianlairich in (i) 2005, (ii) 2006, (iii) 2007, (iv) 2008 and (v) 2009 is shown in the following table:

06 January 2010

Peter Peacock: To ask the Scottish Executive whether areas with the highest number of properties at risk of flooding will be given priority in future funding allocations to local authorities.

Roseanna Cunningham: Yes, the distribution of resources, agreed with COSLA on behalf of all local authorities, for flood risk management included within the General Capital Grant, takes account of a number of specific commitments for flood prevention schemes. The balance of available resources, which as a proportion of the total funding will increase over time as the specific commitments are completed, are already distributed based upon the number of properties at risk of flooding in each council area.

Peter Peacock : To ask the Scottish Executive whether, in addition to consideration of the number of properties at risk of flooding, susceptibility to a higher frequency of flooding will be a criterion in prioritising future flood alleviation funding.

Roseanna Cunningham: It is unlikely that national information on the susceptibility to flooding at a higher frequency than the 0.5% annual probability shown on the published Indicative Flood Map would be available before the next spending review.

The outcomes of flood risk assessment, flood hazard and flood risk mapping, and flood risk management plans to be prepared under the Flood Risk Management (Scotland) Act 2009 may inform discussion with COSLA about resource distribution in future spending reviews.

Peter Peacock : To ask the Scottish Executive how many properties are regarded to be at risk of flooding, broken down by local authority area.

Peter Peacock : To ask the Scottish Executive where Moray ranks in terms of areas with properties at risk of flooding.

Roseanna Cunningham: Properties within the one in 200 years (0.5% annual probability of occurrence) fluvial and coastal flood zone depicted on SEPA’s Indicative Flood Map and not protected to that level by flood prevention schemes as at May 2007 were published in Impact of Flooding in Scotland by the Scottish Government in September 2007. The figures broken down by local authority are tabulated below.

16 December 2009

Peter Peacock : To ask the Scottish Executive whether it expects the Scottish Ferries Review to refer to a Mallaig to Lochboisdale service.

Mr Stewart Stevenson : The work being carried out within the Scottish Ferries Review includes an appraisal of routes that will determine whether a different configuration could be developed to better serve our island communities and contribute to our goal of increasing sustainable economic growth. Mallaig to Lochboisdale is amongst the routes being considered as part of that work.

Peter Peacock : To ask the Scottish Executive whether the planned budget provision for ferries for 2010-11 contains a provision to commence a Mallaig to Lochboisdale ferry service.

Mr Stewart Stevenson : The Scottish Government’s budget for the support of ferry services for 2010-11 contains no specific provision to commence a Mallaig to Lochboisdale ferry service.

11 December 2009

Peter Peacock: To ask the Scottish Executive when it expects to publish the findings of the Scottish Ferries Review.

Stewart Stevenson: We will publish a Draft Scottish Ferries Plan in spring 2010, as part of a full public consultation process. Thereafter I expect that the finished Scottish Ferries Plan will be published by the end of 2010. The plan will guide us in the efficient, cost-effective delivery of ferry services in Scotland through to 2022.

10 December 2009

Peter Peacock : To ask the Scottish Executive what the benefits have been of land purchase by communities in the Highlands and Islands.

The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead): Community buyouts of land have brought a number of benefits to communities in the Highlands and Islands. They include empowering people and communities in rural areas to take responsibility for their own future. Community empowerment promotes confidence, participation and cohesion, and has promoted the long-term sustainability of communities. New houses have been built and house improvements undertaken. There has been improved access to amenities and services, and the retention and enhancement of vital community assets such as filling stations, post offices and shops. Population decline has been stemmed and the average age of community members has been reduced—patterns that go against the demographic trends for other remote areas in Scotland.

Peter Peacock: I take this rare opportunity to agree wholly with what the minister just said. Land purchase in the Highlands and Islands is one of the most significant and important developments in recent centuries. The prospect of more purchases holds out hope for many communities into the future.

The minister is probably aware that there has been recent commentary in the Highlands and Islands that the progress in the early part of this decade that followed the Land Reform (Scotland) Act 2003 has stalled somewhat in the past couple of years. Part of the reason for that is the availability of funding, but another part is how the 2003 act is working. Does the minister share my view and that of my colleagues who introduced the bill that it is now time to review the practical experience of the working of the act and to make whatever changes are necessary to ease and encourage more community land purchases in the future?

Richard Lochhead: I am pleased that the member agrees on the success of the community land buyouts, which received a lot of support, albeit not cross-party support, in the Parliament when the legislation was made a few years ago. The member mentioned funding and revising the Land Reform (Scotland) Act 2003. The act is relatively new in the scheme of things, and it is important that we give it time to bed in properly and reflect on its successes in the past few years. We will continue to do that. We have not had evidence of gross failure of any aspects of the act, although we monitor it closely and will take any required action in due course. The member is aware that the Scottish land fund was closed in 2006 and replaced by the growing community assets fund, which was run by the Big Lottery Fund. The Big Lottery Fund is now taking forward the investing in communities portfolio, which will contain a new fund in June 2010 to help deliver funds to communities for the purposes given. Things are moving forward. I am convinced that the success of past years will continue as time goes on. We are listening closely to the views of the member, of Highland Council and of others who are expressing their views on the whole agenda. We will respond positively.

08 December 2009

Peter Peacock : To ask the Scottish Executive whether it expects rural communities with a broadband service of less than the Digital Britain Report universal service target of 2 megabits per second to be able to apply to upgrade their services under the LEADER programme.

Peter Peacock: To ask the Scottish Executive what lessons are to be learned from the Cybermoor project in Cumberland as a means of improving rural broadband coverage.

20 November 2009

Peter Peacock : To ask the Scottish Executive whether it considers the Scottish black bee a native or non-native species and what evidence it has to support this.

Richard Lochhead: There is no definitive answer. Honeybee colonies were probably exploited by human beings as they moved north at the end of the last ice age. It is likely that humans probably provided hives to feral bees from which they could take honey. Under some circumstances the bees would have established self-sustaining populations.

Over the last 100 years bees have been imported from other parts of Europe and have cross-bred with Scottish honeybees. The number of self-sustaining feral colonies is considered to be low and the extent to which they are representative of the Scottish black bee from antiquity is not known with certainty.

17 November 2009

Peter Peacock : To ask the Scottish Executive whether it has powers to direct Scottish Natural Heritage.

Roseanna Cunningham: Section 11 of the Natural Heritage (Scotland) Act 1991 provides powers for Scottish ministers to provide directions to Scottish Natural Heritage with regard to the discharge of its functions, except in relation to the functions specified in Schedule 2 of the Act which relate primarily to statutory advisory functions which were formerly the responsibility of the Nature Conservancy Council for Scotland.

Peter Peacock : To ask the Scottish Executive what powers exist to support and afford legal protection to the Colonsay black bee colony.

Richard Lochhead: No such powers exist at the present time.

Peter Peacock : To ask the Scottish Executive what additional legal powers it may consider to offer support and protection to the Colonsay black bee colony.

Richard Lochhead: The Scottish Government is at an early stage of considering what steps it may take to protect black bees in Scotland and cannot pre-empt the outcome of work that is in progress.

Peter Peacock : To ask the Scottish Executive whether it is aware of any incidence of varroa mite among honey bees on the Isle of Lewis.

Richard Lochhead: The Varroa mite is considered endemic in Scotland and its presence is no longer notifiable or reportable. However, the Scottish Government is aware that in July 2009 a sample was submitted by a beekeeper on the Isle of Lewis to the free diagnostic service provided by Science and Advice for Scottish Agriculture (SASA). The sample tested positive for Varroa mites.

Peter Peacock : To ask the Scottish Executive what restrictions are being implemented to limit the spread of varroa mite to island bee populations.

Richard Lochhead: Since Varroa mite is no longer notifiable or reportable there are no such restrictions in place.

Peter Peacock: To ask the Scottish Executive, further to the answer to question S3W-26140 by Richard Lochhead on 17 August 2009, when its bee strategy will be published.

Richard Lochhead: In view of the unprecedented scale and seriousness of the ongoing bee disease outbreaks in Scotland this summer and autumn, and the resource implications this has had, we consider that it would be valuable to take some time to learn lessons from our experience, and incorporate these into the strategy. We will publish the strategy when this process is completed.

Peter Peacock: To ask the Scottish Executive what its understanding is of the extent of (a) American and (b) European foulbrood in Scotland and what action is being taken to impact on their spread.

Richard Lochhead: Between July and the end of September when inspections ceased, 2,764 hives in 289 apiaries had been inspected. European Foulbrood (EFB) had been detected in 255 hives in 56 apiaries located in many areas of the East of Scotland from Dunkeld to Montrose and from South Aberdeenshire to Central Fife, with a major focus in the Perthshire/Angus glens. The majority of EFB infected hives are associated with commercial bee farming businesses. Disease control has focussed on destruction of heavily infected colonies, movement standstills and from September, optional treatment of lightly infected and in-contact colonies with the antibiotic Oxytetracycline.

Over the same time period American Foulbrood (AFB) was detected in 121 hives in 34 apiaries, all these have been destroyed. The distribution of AFB has been more sporadic than for EFB with localised centres of infection around Inverness, Banchory, the Perthshire/Angus glens, Cumbernauld, at the West end of Loch Tay and Dunkeld.

Peter Peacock : To ask the Scottish Executive in what circumstances it recommends the use of (a) antibiotics and (b) other treatments for (i) American and (ii) European foulbrood and in what circumstances it considers the destruction of affected bees the optimal form of intervention.

Richard Lochhead: Destruction of affected bees is the only option and is mandatory in all cases of American Foulbrood (AFB), antibiotic treatment is never recommended for treatment of AFB.

In cases of European Foulbrood (EFB) destruction is always recommended for heavily infected hives. In cases of lighter infections with EFB and for in-contact colonies, hives may be treated with the antibiotic oxytetracycline (OTC) following agreement between the beekeeper and the Scottish Government Bee Officer. Considerations in these circumstances are the extent of the infection, the time of year and colony strength.

Peter Peacock : To ask the Scottish Executive what plans it has to test for the extent of (a) American and (b) European foulbrood in the spring of 2010 and to assess the impact of any antibiotic or other treatment administered in the weeks prior to the overwintering of bees.

Richard Lochhead: The Scottish Government will be testing for American and European Foulbrood (AFB and EFB) in spring 2010. The plans for this testing are under consideration and will take account of the distribution of AFB and EFB uncovered in 2009, the extent of antibiotic treatment carried out and the requirement of government to ensure the safety of food products.

Peter Peacock: To ask the Scottish Executive whether it considers that improved bee husbandry has a part to play in the control of disease in honey bee populations and what steps it is taking to support bee keepers in updating and improving their husbandry skills in light of increased incidence of disease.

Richard Lochhead: Bee husbandry has a major part to play in control of diseases in honey bees. The Scottish Government supports a full time apiculture specialist at the Scottish Agricultural College (SAC) to provide a free of charge service of training courses in bee husbandry, to speak at bee keeping meetings, to provide ad hoc telephone/email advice and to provide information at other events across Scotland. In addition the Scottish Government with SAC have produced an educational leaflet on foulbrood diseases which has been available at bee keeping meetings.

Peter Peacock : To ask the Scottish Executive whether it regards wild bees as having homing instincts.

Roseanna Cunningham: Wild bees have sophisticated navigational skills that enable them to locate forage and return to their nest or burrow. There is also research evidence that bees transported further away from their nest or burrow than they would normally forage can make the return journey. This is evidence for a homing instinct.

12 November 2009

Peter Peacock : To ask the Scottish Executive when the report on the pilot capture and release of sparrowhawks will be published.

Roseanna Cunningham: The report on the trial will be published by the end of November and will be available on the SNH website. The Scottish Government regrets the delay in publishing the report. Producing and agreeing the report among the project partners has taken longer than anticipated.

Peter Peacock : To ask the Scottish Executive what the estimated buzzard population is.

Roseanna Cunningham: The number of buzzards in Great Britain in 2000 was estimated to be in the range 31,100 to 44,000 pairs. Separate figures for Scotland were not calculated. Estimates of the Scottish population in 2003, gave a possible range of 7,100 to 25,600 territorial pairs.

Peter Peacock: To ask the Scottish Executive how the (a) level and (b) locations of the buzzard population compare with those of (i) 10 and (ii) 20 years ago.

Roseanna Cunningham: Systematic data is not available in this form. Data from the Breeding Bird Survey suggests that the buzzard population has increased at an approximate rate of 8% since 1994. Observations indicate there has been limited expansion in range, but a marked increase in population size.

Peter Peacock: To ask the Scottish Executive whether a pheasant reared for release is considered a protected species.

Roseanna Cunningham: Section 27 of the Wildlife and Countryside Act states that pheasants are game birds. The taking or killing of game birds is governed by the game acts. However, game birds which are in a wild state are protected by section 5 of the Wildlife and Countryside Act which deals with prohibited methods of killing. Section 16, which deals with the granting of licences, also applies to game birds in a wild state. The Scottish Government considers game birds to be in a wild state when they are not dependent on a keeper for their survival.

Peter Peacock : To ask the Scottish Executive what the estimated annual number of reared pheasant taken by buzzards is and what the source is of any such information.

Roseanna Cunningham: In 1999 and 2000 a study carried out by ADAS Consulting Ltd for British Association of Shooting and Conservation, at 36 lowland game bird release pens on a number of estates in England and Scotland, suggested that losses of game-bird poults to birds of prey amounted to about 1-2% of those put down. In some cases losses were greater, but in the majority of cases losses were less than 5%.

Peter Peacock: To ask the Scottish Executive what it considers to be acceptable measures to protect from raptors a pheasant reared for release.

Roseanna Cunningham: The Wildlife and Countryside Act provides for licensed control of predatory birds for the prevention of serious damage to livestock. The act requires control to be considered only where there is no other satisfactory solution. There is a wide range of possible solutions including deterrence, increased protection, diversionary feeding and pen design and location. The practicability of different approaches will vary according to the circumstances of each particular situation.

12 November 2009

Peter Peacock : To ask the Scottish Executive what guidance it has given to local authorities regarding the cutting of roadside verges and their importance for biodiversity and pollinating insects.

12 November 2009

Peter Peacock: To ask the Scottish Executive whether it regards the Atlantic salmon as a wild creature for the purposes of protective legislation.

Richard Lochhead: Atlantic Salmon are considered wild creatures for the purposes of protective legislation other than those raised in captivity.

12 November 2009

Peter Peacock: To ask the Scottish Executive whether sites to be designated for conservation purposes under provisions in Scots or EU law are selected by the European Commission or by Scottish Natural Heritage.

Roseanna Cunningham: Scottish Natural Heritage (SNH) has responsibility for the notification of Sites of Special Scientific Interest in accordance with the provisions of the Nature Conservation (Scotland) Act 2004.

The EC Birds and Habitats Directives place obligations on member states to designate "Natura 2000" sites comprising Special Protection Areas (in accordance with the terms and requirements of the EC Birds Directive) and Special Areas of Conservation (in accordance with the terms and requirements of the EC Habitats Directive).

Scottish ministers are responsible for decisions on which sites should be designated as Natura 2000 sites, after taking account of advice from SNH.

Peter Peacock : To ask the Scottish Executive whether the European Commission can direct the Scottish Government or Scottish Natural Heritage as to what sites they should select for designation under provisions in EU law, such as special areas of conservation.

Roseanna Cunningham: The EC Birds and Habitats Directives place obligations on member states to designate sites in accordance with the terms provided in those Directives.

The European Commission may raise proceedings against member states in the European Court of Justice for allegations relating to failures to implement the Birds and Habitats Directive. In addition, Article 5 of the Habitats Directive provides an exceptional power for the Commission to refer a proposal for decision by the European Council where it considers that a proposed national list of sites fails to make adequate provision for a priority natural habitat type of a priority species.

11 November 2009

Peter Peacock : To ask the Scottish Executive whether a pheasant reared for release is considered a wild bird.

Roseanna Cunningham: For the purposes of the Wildlife and Countryside Act 1981 a pheasant is defined as a game bird and is therefore not included in the definition of wild bird except for the purposes of section 5 and 16 of the act.

04 November 2009

Peter Peacock : To ask the Scottish Executive whether the draft budget for 2010-11 for local government has had or will have additional resource added over the current year to assist local authorities with expenditure on constructing flood defences.

John Swinney: It was agreed during Spending Review 2007, that the funding of flood prevention schemes would be rolled up into the General Capital Grant distributed to local authorities with effect from 1 April 2008. The distribution of this funding took into account the then expected costs of a number of known schemes spread over the six years to 2013-14. It is for individual local authorities to determine how they allocate the General Capital Grant to all services, including the construction of flood defences.

04 November 2009

Peter Peacock : To ask the Scottish Executive whether it regards the swallows that reside in Scotland each summer as native species and wild creatures.

Roseanna Cunningham: The Scottish Government is satisfied that swallows visiting Scotland in summer fall within the definition of "wild birds" for the purposes of Part 1 of the Wildlife and Countryside Act 1981, since Section 27 of the Act defines a wild bird for those purposes as "any bird of a species which is ordinarily resident in or is a visitor to Great Britain in a wild state".

04 November 2009

Peter Peacock : To ask the Scottish Executive what action has been taken since the 2004 consultation, Proposals to Revise Existing Animal Welfare Legislation - A Consultation, in relation to reared birds and raptors.

Richard Lochhead: The 2004 consultation sought views on issues which could be included in a new animal welfare act to replace the Protection of Animals (Scotland) Act 1912. The new Animal Health and Welfare (Scotland) Act 2006 applies to all captive animals, not animals in the wild, therefore captive raptors are fully protected under its provisions.

The consultation paper specifically sought views on birds reared for sport shooting and the Animal Health and Welfare (Scotland) Act 2006 has a provision to enable Scottish ministers to issue a statutory code of practice on the rearing of gamebirds. A draft code is presently being developed and will be issued for consultation early next year.

05 November 2009

Peter Peacock : To ask the Scottish Executive whether it has given guidance to Scottish Natural Heritage to ensure that reductions in its budget will not result in job losses in the voluntary sector and other grant-funded bodies.

Peter Peacock: To ask the Scottish Executive whether it has given guidance to Scottish Natural Heritage to ensure that reductions in its budget will not adversely affect the scope of environmental projects carried out by the voluntary sector.

Roseanna Cunningham: Scottish Natural Heritage is responsible for determining best value in the allocation of its resources consistent with delivery of the objectives and priorities agreed with Scottish ministers and set out in its Corporate Plan.

05 November 2009

Peter Peacock: To ask the Scottish Executive whether it is taking steps to ensure the continuation of publicly funded countryside ranger services and, if so, what steps.

Roseanna Cunningham: Local authorities are responsible for determining local priorities in the use of their resources including the level of funding allocated to countryside ranger services within their area. Scottish Natural Heritage and Local Access Forums are able to able provide input and advice to assist Community Planning Partnerships in development of the relevant components of their Single Outcome Agreements.

05 November 2009

Peter Peacock : To ask the Scottish Executive how many licences it issued for the control of ravens in each six month period from 1 January 2005 to 30 June 2009, broken down by (a) local authority area and (b) number of ravens covered by each licence.

Peter Peacock : To ask the Scottish Executive how many ravens were killed under licences issued by it in each six month period from 1 January 2005 to 30 June 2009, broken down by local authority area.

Roseanna Cunningham: Licences for the control of ravens have been issued during the period in question only for the purpose of preventing damage to livestock. Licences are normally limited so as to apply to the calving and lambing season. The following table shows numbers for calendar years on the basis that very few raven licences are issued in the second half of the calendar year; the few licences issued in that period will generally relate to the lambing or calving season for the following year and are accordingly included in the numbers for that year.

Raven Licenses 2005

05 November 2009

Peter Peacock : To ask the Scottish Executive what progress there has been with implementation of the energy assistance package

Alex Neil : In its first six months, the energy assistance package has helped more than 16,000 households in Scotland to reduce the proportion of their incomes that they spend on fuel. Yesterday, I announced that we would extend the package to many more homes in Scotland as soon as the regulations can be amended. We will widen the definition of an energy inefficient house to include those with a standard assessment procedure rating that would put them in band E on an energy performance certificate. I also announced that we will provide local authorities and registered social landlords with up to £2.5 million of additional funding for stage 3 work in the social sector.

Peter Peacock: I am delighted that my lodging a question led to that rushed announcement by the minister yesterday to try to rescue a policy that is clearly failing. By the end of September, only 429 energy assistance package systems had been installed throughout Scotland, which includes legacy projects from the central heating programme. That is a substantial tail-off in the rate of installations, given that as many as 16,000 systems per year were installed under the former central heating programme. Is the minister aware that only 19 systems were installed in the whole of my vast region of the Highlands and Islands? Part of the reason for that is the lack of availability of mains gas. In those circumstances, people are offered inefficient and costly-to-run electric storage heaters or oil systems. If they go for oil, the scheme rules mean that they have to find significant sums to proceed.

The Deputy Presiding Officer (Trish Godman): Do you have a question, Mr Peacock?

Peter Peacock: What will the minister do to ensure that my constituents do not continue to be disadvantaged by his policies?

Alex Neil: As the member probably knows, the current package was based on the recommendations of the fuel poverty forum. The forum made representations to me about the need to make changes to the eligibility criteria. As I said, I have agreed to do that. I have asked the fuel poverty forum to consider the wider eligibility criteria for the groups that are entitled to benefit from the programme. The forum will report back to me in due course on whether a widening of the eligibility criteria is required. I am sure that the member will be delighted that, given the backlog of people who are in band E, the reforms that I announced yesterday should result in a tenfold increase at stage 4.

04 November 2009

Peter Peacock: To ask the Scottish Executive what action has been taken since the 2004 consultation, Proposals to Revise Existing Animal Welfare Legislation - A Consultation, in relation to reared birds and raptors.

Richard Lochhead: The 2004 consultation sought views on issues which could be included in a new animal welfare act to replace the Protection of Animals (Scotland) Act 1912. The new Animal Health and Welfare (Scotland) Act 2006 applies to all captive animals, not animals in the wild, therefore captive raptors are fully protected under its provisions.

The consultation paper specifically sought views on birds reared for sport shooting and the Animal Health and Welfare (Scotland) Act 2006 has a provision to enable Scottish ministers to issue a statutory code of practice on the rearing of gamebirds. A draft code is presently being developed and will be issued for consultation early next year.

04 November 2009

Peter Peacock : To ask the Scottish Executive whether it regards the swallows that reside in Scotland each summer as native species and wild creatures.

Roseanna Cunningham: The Scottish Government is satisfied that swallows visiting Scotland in summer fall within the definition of "wild birds" for the purposes of Part 1 of the Wildlife and Countryside Act 1981, since Section 27 of the Act defines a wild bird for those purposes as "any bird of a species which is ordinarily resident in or is a visitor to Great Britain in a wild state".

04 November 2009

Peter Peacock: To ask the Scottish Executive whether the draft budget for 2010-11 for local government has had or will have additional resource added over the current year to assist local authorities with expenditure on constructing flood defences.

John Swinney: It was agreed during Spending Review 2007, that the funding of flood prevention schemes would be rolled up into the General Capital Grant distributed to local authorities with effect from 1 April 2008. The distribution of this funding took into account the then expected costs of a number of known schemes spread over the six years to 2013-14. It is for individual local authorities to determine how they allocate the General Capital Grant to all services, including the construction of flood defences.

29 October 2009

Peter Peacock : To ask the Scottish Executive what the accumulated capital debt is of local authorities for capital works undertaken by traditional borrowing.

John Swinney: Borrowing undertaken by each local authority in support of its capital works is reflected by that authority in a separate statutory fund - the loans fund. The level of debt recorded by the loans fund is the value that must be charged to services over a number of years. The total loans fund debt outstanding for all Scottish local authorities as at 31 March 2008 (the most recent date for which information provided by authorities is available centrally) was just over £9.5 billion.

Peter Peacock : To ask the Scottish Executive what the average debt repayment period is for capital spending financed by borrowing by local authorities for capital works other than roadworks.

John Swinney: Local authorities are able to determine the repayment periods for borrowing undertaken to support capital expenditure within maximum limits set by ministers. The maximum period over which the repayments of advances from the loans fund are made is determined by the type of expenditure supported by the borrowing undertaken. The current maximum periods are:

27 October 2009

Peter Peacock : To ask the Scottish Executive who serves on the COSLA and Scottish Executive group looking at funding for flood protection schemes and the distribution of future funds to local authorities; when that group will report and to whom, and whether its report will be made public.

John Swinney: The joint distribution review group comprised officials from both the Scottish Government and COSLA. The report has been completed and passed to Scottish Government ministers and the COSLA leadership for consideration. Any agreed recommendations of the report will be published in due course, and implemented in time for the next three year local government finance settlement commencing 2011-12.

26 October 2009

Peter Peacock : To ask the Scottish Executive what plans are in place to implement the recommendations from the 2004 consultation, Proposals to Revise Existing Animal Welfare Legislation - A Consultation.

Richard Lochhead: The responses to this consultation resulted in the Animal Health and Welfare (Scotland) Act 2006 being passed by the Scottish Parliament. This act revoked the Protection of Animals (Scotland) Act 1912 and its amendments and replaced these provisions with the new act which modernised and strengthened our animal welfare legislation.

Peter Peacock : To ask the Scottish Executive, in light of the announcement on broadband for rural Scotland by the Cabinet Secretary for Finance and Sustainable Growth in a news release of 23 September 2009, who will decide which exchanges will be upgraded.

Peter Peacock : To ask the Scottish Executive, in light of the announcement on broadband for rural Scotland by the Cabinet Secretary for Finance and Sustainable Growth in a news release of 23 September 2009, whether there will be upgrades to British Telecom exchanges in the (a) Western Isles, (b) Argyll and Bute, (c) Highland, (d) Moray, (e) Orkney Islands and (f) Shetland Islands council areas in order to provide increased access to broadband internet connections.

Peter Peacock : To ask the Scottish Executive, in light of the announcement on broadband for rural Scotland by the Cabinet Secretary for Finance and Sustainable Growth in a news release of 23 September 2009, what the timescales for upgrades to exchanges will be in the (a) Western Isles, (b) Argyll and Bute, (c) Highland, (d) Moray, (e) Orkney Islands and (f) Shetland Islands council areas.

Jim Mather : I can confirm that the exchanges to be upgraded in the upgrade programme, as announced by the Cabinet Secretary for Finance and Sustainable Growth in the Scottish Government''s news release of 23 October 2009, are currently being considered by the Scottish Government in close consultation with BT. The exchanges under consideration for upgrade are those Exchange Activate exchanges, which are currently operating at full capacity for broadband or are approaching full capacity. As such, we will not be inviting communities to bid to have their exchange upgraded.

I can confirm that the exchanges under consideration include ones located in the Argyll and Bute, Highland, Moray, Orkney Islands and Shetland Islands council areas. The Connected Communities project, which is being delivered by Highlands and Islands Enterprise, is providing broadband connectivity to all areas of the Western Isles where a broadband service is not provided by the local BT exchange.

5 October 2009

Peter Peacock : To ask the Scottish Executive what measures and powers exist to regulate the use of jet skis in fresh and sea water.

Stewart Stevenson: It is the responsibility of local and harbour authorities to consider the need to regulate the use of jet skis in their areas by means of local byelaw powers.

In addition, the Maritime and Coastguard Agency is consulting on proposed amendments to Merchant Shipping Regulations which would bring jet skis within the scope of enforcement provisions of the Merchant Shipping Act relating to safety at sea.

5 October 2009

Peter Peacock : To ask the Scottish Executive whether it is aware of the results of pilot work undertaken by BT in the Highlands on extending the distance from exchanges of good quality broadband capacity; whether the result of the work offers improved possibilities for expanding good quality broadband across Scotland, and what plans it has to assist this week.

Jim Mather: The Scottish Government understands that BT’s trials for Broadband Enabling Technology (BET) in sites in Dingwall and Inverness were a technical success and that BET offers the opportunity for 2Mbps broadband services to be delivered to remote locations. Other than locations in BT’s already-announced pilot programme, BT has stated that work to explore further areas which could potentially benefit from BET is already underway, but this will take time and is subject to funding availability.

The Scottish Government has already made significant progress in expansion of broadband coverage in Scotland. The Broadband Reach Project, the first phase of which completed in May 2009, has provided basic broadband services to around 2,100 broadband Not Spots, many in rural and remote locations.

Scottish Government ministers and officials regularly liaise with BT on a wide range of telecommunications issues and we have already shared our knowledge of Scottish broadband Not Spot locations with BT in connection with BET.

8 October 2009

Peter Peacock : To ask the Scottish Executive, in light of the announcement on broadband for rural Scotland by the Cabinet Secretary for Finance and Sustainable Growth in a news release of 23 September 2009, what the timescales for upgrades to exchanges will be in the (a) Western Isles, (b) Argyll and Bute, (c) Highland, (d) Moray, (e) Orkney Islands and (f) Shetland Islands council areas.

Peter Peacock : To ask the Scottish Executive, in light of the announcement on broadband for rural Scotland by the Cabinet Secretary for Finance and Sustainable Growth in a news release of 23 September 2009, whether there will be upgrades to British Telecom exchanges in the (a) Western Isles, (b) Argyll and Bute, (c) Highland, (d) Moray, (e) Orkney Islands and (f) Shetland Islands council areas in order to provide increased access to broadband internet connections.

Peter Peacock : To ask the Scottish Executive, in light of the announcement on broadband for rural Scotland by the Cabinet Secretary for Finance and Sustainable Growth in a news release of 23 September 2009, who will decide which exchanges will be upgraded.

Peter Peacock : To ask the Scottish Executive, in light of the announcement on broadband for rural Scotland by the Cabinet Secretary for Finance and Sustainable Growth in a news release of 23 September 2009, whether communities will be able to bid to have their exchanges upgraded.

Jim Mather: I can confirm that the exchanges to be upgraded in the upgrade programme, as announced by the Cabinet Secretary for Finance and Sustainable Growth in the Scottish Government’s news release of 23 October 2009, are currently being considered by the Scottish Government in close consultation with BT. The exchanges under consideration for upgrade are those "Exchange Activate" exchanges, which are currently operating at full capacity for broadband or are approaching full capacity. As such, we will not be inviting communities to bid to have their exchange upgraded.

I can confirm that the exchanges under consideration include ones located in the Argyll and Bute, Highland, Moray, Orkney Islands and Shetland Islands council areas. The Connected Communities project, which is being delivered by Highlands and Islands Enterprise, is providing broadband connectivity to all areas of the Western Isles where a broadband service is not provided by the local BT exchange.

30 September 2009

Peter Peacock : To ask the Scottish Executive what steps it is taking in response to the Royal Society for the Prevention of Accidents report on Watersports Safety Abroad.

Shona Robison: As the Royal Society for the Prevention of Accidents (RoSPA) report and subsequent fact sheet is designed to advise holidaymakers in choosing watersports operators while abroad, it is therefore not for the Scottish Government to respond to this specific report. However, the Scottish Government supports RoSPA’s work in highlighting the risks associated with watersports activities.

14 September 2009

Peter Peacock : To ask the Scottish Executive what the annual spend on investment by Scottish Water was for (a) 2006-07 and (b) 2007-08; what the estimated spend for 2008-09 is, and how the annual rate of spend for the current Quality and Standards period compares with the annual rate of investment spend that would be achievable under the

Stewart Stevenson: The annual spend on investment by Scottish Water for the years requested is available from Scottish Water’s Annual Reports which are held in the Scottish Parliament Information Centre. The Bib. numbers for these documents are as follows:

Nature Conservation (Scotland) Act 2004

03 September 2009

Peter Peacock : To ask the Scottish Executive, further to the answer to question S3W-25166 by Roseanna Cunningham on 17 July 2009, what options are available to Scottish Natural Heritage as management agreements that meet the requirements of section 29(3) of the Nature Conservation (Scotland) Act 2004.

Roseanna Cunningham: Section 58 of the Nature Conservation (Scotland) Act 2004 defines the term "management agreement" for the purposes of that act. This encompasses management agreements made under the following legislation in the circumstances stated:

section 16 of the National Parks and Access to the Countryside Act 1949 to secure the management of the land as a nature reserve

section 49A of the Countryside (Scotland) Act 1967 to secure the conservation and enhancement or to foster the understanding and enjoyment of the natural heritage of Scotland

section 15 of the Countryside Act 1968 for the purpose of conserving the flora, fauna or geological or geomorphological features of an SSSI;

SNH may also offer management agreements under regulation 16 the Conservation (Natural Habitats, &c.) Regulations 1994 ("the 1994 Regulations") for the management, conservation, restoration or protection of a European site, or any part of it or land adjacent to it. Regulation 21 of those regulations applies the provisions of Chapter 3 of Part 3 of the 2004 act (which includes section 29(3) of the 2004 act) for the purposes of management agreements made under regulation 16 of the 1994 regulations.

01 September 2009

Peter Peacock : To ask the Scottish Executive, further to the answer to question S3W-25166 by Roseanna Cunningham on 17 July 2009, whether it considers Scottish Natural Heritage to be adequately resourced to offer management agreements that meet the requirements of section 29(3) of the Nature Conservation (Scotland) Act 2004.

Roseanna Cunningham: Yes.

Bees

Peter Peacock : To ask the Scottish Executive when its bee strategy will be announced and implemented.

Richard Lochhead : The Scottish Government has already announced its intention to publish a 10 year Honey Bee Health Strategy for Scotland and it will be published in September 2009.

Peter Peacock : To ask the Scottish Executive what its assessment is of the seriousness of the outbreak of European foulbrood in Tayside.

Richard Lochhead : As with any notifiable disease outbreak, the Scottish Government considers the outbreak of European foulbrood in Scotland to be a serious issue.

Peter Peacock : To ask the Scottish Executive what steps it has taken to ensure that sufficient stocks of antibiotics are available to combat the outbreak of European foulbrood in Tayside and how they will be effectively distributed.

Richard Lochhead : In the event of an outbreak of a notifiable disease in honeybees, the Scottish Government has contingency plan arrangements in place which enables the necessary antibiotics to be ordered.

The Disease Stakeholder Group is currently deciding on the best practice for effective distribution of any antibiotic.

Peter Peacock : To ask the Scottish Executive whether it considers that the outbreak of European foulbrood is confined solely to Perthshire.

Richard Lochhead : The European foulbrood outbreak has not been confined solely to Perthshire. Further positive samples have been found in the Angus, Fife and Aberdeenshire areas.

Peter Peacock : To ask the Scottish Executive what the timescale was between its becoming aware of the outbreak of European foulbrood in Tayside and measures being implemented to inform beekeepers.

Richard Lochhead : The Scottish Government informed the two main beekeeping associations (Scottish Beekeepers Association and the Beefarmers Association) within 48 hours of the confirmation of European foulbrood (EFB).

Peter Peacock : To ask the Scottish Executive what measures have been taken to inform beekeepers in (a) Perthshire and (b) the rest of Scotland of the outbreak of European foulbrood in Tayside and how effective these measures have been assessed to be.

Richard Lochhead: The Scottish Government have kept in contact with the two main beekeeping associations (Scottish Beekeepers Association and the Beefarmers Association) and notified them within two days of confirmation of the European foulbrood (EFB) outbreak. The associations then in turn notified their members who were in the relevant surveillance zones.

When it became clear that the disease outbreak was more widespread, additional information was made available on the Scottish Government website and we have also introduce a Bee Helpline which will give beekeepers information about what to do if they have any concerns.

A Disease Stakeholders Group has also been established and this group will meet on a regular basis to ensure effective management of the outbreak.

Peter Peacock : To ask the Scottish Executive what additional monitoring arrangements have been put in place in (a) Perthshire and (b) beyond regarding the outbreak of European foulbrood in Tayside.

Richard Lochhead : The Scottish Government bee inspectors are concentrating on confirmed cases of the disease and their contact colonies.

Following a request, at the first Disease Stakeholder Group, our bee inspectors returned to their local areas throughout Scotland for two days to carry out spot checks to ascertain if there is any endemicity indicated. The samples taken in Ayrshire, Dumfriesshire, Stirlingshire and the Borders were all negative.

Peter Peacock : To ask the Scottish Executive what standstill orders are in place regarding the movement of bees and when these are likely to be reviewed and extended.

Richard Lochhead : As at 6 August 2009 there have been six standstill notices issued by the Scottish Government.

These notices will be reviewed and the appropriate action taken after the follow-up inspections which are required to take place not less than six weeks after treatment/destruction. If it is too late in the season to open hives safely then the six week inspection can be held over until the spring.

14 August 2009

Peter Peacock : To ask the Scottish Executive, further to the answers to questions S3W-24192 and S3W-25161 by Roseanna Cunningham on 8 June and 2 July 2009 respectively, what the reason is for the variance between the estimated cost to the Scottish Environment Protection Agency (SEPA) as stated in Flooding Bill Financial Implications Assessment, the report compiled by MWH on behalf of the Scottish Government and published in September 2008, of £10.82 million until 2011 and the £3.34 million estimate stated in the answers and the financial memorandum that accompanied the Flood Risk Management (Scotland) Bill.

Roseanna Cunningham: I am happy to clarify that the figures contained in the Financial Implications Assessment compiled by MWH were based on preliminary estimates by SEPA. These preliminary figures were revised by SEPA once further discussion over the nature of SEPA’s role and the scope and scale of the work required up to 2011 had taken place. These figures, therefore, quickly became outdated and have been replaced by the figures set out in the financial memorandum and the accompanying supplemental note to the finance committee.

Revisions to the figures focused on aligning the funding to key tasks and deadlines. It is worth noting that reductions over the period up to 2011 in the financial memo are accompanied by increases in costs over the subsequent years of the cycle. This reflects changes to how funding is expected to deliver key tasks, rather than a significant overall reduction in the cost estimate.

The SEPA costs set out in the MWH assessment also included costs for data licences. The government subsequently incorporated these costs into its implementation costs for the Act as it was felt that this approach would be more cost effective, since it would allow establishment of cross-organisation licence agreements. The minor difference in the total costs estimates for the six-year cycle between the two documents largely reflects this change in who should be responsible for the costs of data licences.

Finally, all revisions to figures were based on close discussion with, and information from, SEPA.

Peter Peacock : To ask the Scottish Executive, further to the answers to questions S3W-24192 and S3W-25161 by Roseanna Cunningham on 8 June and 2 July 2009 respectively, from what source any balance of costs incurred by the Scottish Environment Protection Agency (SEPA) in implementing the requirements of the Flood Risk Management (Scotland) Act 2009 until 2011 will be funded.

Roseanna Cunningham: I refer the member to the answer to question S3W-24193 on 8 June 2009. 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/Apps2/Business/PQA/Default.aspx.

Peter Peacock : To ask the Scottish Executive, further to the answers to questions S3W-24192 and S3W-25161 by Roseanna Cunningham on 8 June and 6 July 2009 respectively, who will provide scientific and technical staffing for the Scottish Environment Protection Agency (SEPA) in implementing the requirements of the Flood Risk Management (Scotland) Act 2009 until 2011.

Roseanna Cunningham: The Scottish Environment Protection Agency (SEPA) has established a formal programme for the implementation of its new duties under the Flood Risk Management (Scotland) Act. This includes recruiting staff with relevant skills and experience to: commence the implementation programme; initiate the business change required in SEPA to implement new duties under the Act; build a training programme to develop future resources and help bridge identified skills gaps and develop methods for delivery of the preliminary flood risk assessment for Scotland, due in December 2011.

To deliver the above, ten programme staff are being recruited in 2009-10. In addition, ten trainees will commence a two-year training programme with SEPA in September 2009. This is part of the Flood Risk Science Trainee Programme that will see a total of 30 trainees brought through a two-year MSc/training programme between now and 2013. This programme is in response to the current flood risk management skills shortage and is aimed at building SEPA’s staff skills base for the future.

4 August 2009

Peter Peacock: To ask the Scottish Executive when the pilot trapping of sparrowhawks ceased for the breeding season.

Peter Peacock : To ask the Scottish Executive how many sparrowhawks were trapped in the period leading up to the cessation of the pilot for the breeding season.

Peter Peacock : To ask the Scottish Executive how many sparrowhawks were (a) trapped and (b) fitted with radio tags before release as part of the pilot trapping.

Peter Peacock: To ask the Scottish Executive for what average length of time sparrowhawks trapped as part of the pilot have been held prior to release.

Peter Peacock: To ask the Scottish Executive what the distance from capture was of the release of any sparrowhawks captured in the first part of the pilot trapping.

Peter Peacock : To ask the Scottish Executive what evidence it has of whether sparrowhawks have returned to their original site following capture and release as part of the pilot trapping.

Peter Peacock : To ask the Scottish Executive what evidence there is that other sparrowhawks have occupied the territory of sparrowhawks trapped and released elsewhere during the first phase of the pilot.

Roseanna Cunningham: The information requested will be made available in a comprehensive report on all aspects of the pilot project to assess the effectiveness of translocating sparrowhawks to reduce predation on racing pigeons. The report is currently being finalised and I expect to publish it shortly.

29 July 2009

Peter Peacock : To ask the Scottish Executive, further to the answer to question S3W-25232 by Richard Lochhead on 13 July 2009, what consideration ministers must give to the interests of any individuals who may be adversely affected by any decision taken and what administrative and other obligations they have towards such individuals when deciding what they consider to be the public interest.

Richard Lochhead: Ministers are required to take account of all relevant circumstances, including the impact on all those individuals and businesses who may be affected, when policy is being determined.

21 July 2009

Peter Peacock : To ask the Scottish Executive whether it will list cases of damage to Sites of Special Scientific Interest reported since 31 March 2005, showing the name of the site, extent of damage, likely recovery period, cause of damage and action taken.

Peter Peacock : To ask the Scottish Executive whether it will list cases of damage to European wildlife sites reported since 31 March 2005, showing the name of the site, extent of damage, likely recovery period, cause of damage and action taken.

Roseanna Cunningham: Cases are recorded by Scottish Natural Heritage (SNH) where the damage exceeds a threshold of being over 0.5 ha in area or 100m in length or 10% of the interest feature on the site, or where SNH is aware of an incident being reported to the Procurator Fiscal.

The information requested is provided in the following table.

http://gateway.snh.gov.uk/portal/page?_pageid=53,910305,53_910314&_dad=portal&_schema=PORTAL&PA_CODE=10231&NEW_WINDOW=false

http://gateway.snh.gov.uk/pls/portal/Sitelink.Show_Site_Document?p_pa_code=10226&p_Doc_Type_ID=34

13 July 2009

Peter Peacock : To ask the Scottish Executive, further to the answer to question S3W-24713 by Richard Lochhead on 19 June 2009, when the milk quota arrangements that affect Kintyre were last amended and who was consulted.

Richard Lochhead: Boundary changes to the Southern Isles milk quota ring fence area, including the Kintyre peninsula, were introduced by the Dairy Produce Quotas (Scotland) Amendment Regulations 2004 (SI 2004 No. 118).

A copy of the consultation list is available from the Scottish Parliament’s Information Centre (Bib. number 48574).

Peter Peacock: To ask the Scottish Executive, further to the answer to question S3W-24714 by Richard Lochhead on 19 June 2009, whether a public interest test is applied to decisions on milk quota and what the criteria are of any such test.

Richard Lochhead: In Scotland the policy on the establishment and maintenance of the ring fence arrangements was and is subject to a public interest test; the overarching principle of such a test being to safeguard the long-term future interests and viability of the dairy industry in the ring-fenced areas.

Peter Peacock: To ask the Scottish Executive, further to the answer to question S3W-24714 by Richard Lochhead on 19 June 2009, how a majority of active producers, processors and their representative bodies is determined.

Richard Lochhead: There are long-established arrangements in place for canvassing the views of the Scottish dairy industry before proposed changes to the milk quota regime are introduced. Ministers take account of all these views before making decisions on the way ahead.

10 July 2009

Peter Peacock : To ask the Scottish Executive whether it regards shellfish farmers who are farming pacific oysters in Scotland to be farming an invasive non-native species.

Peter Peacock : To ask the Scottish Executive whether it has any plans to officially classify or list farmed pacific oysters as an invasive non-native species and what the implications of any such classification or listing would be for oyster farms.

Roseanna Cunningham: A consultation document issued by the Scottish Government in 2006-07 proposed to add pacific oysters to schedule 9 of the Wildlife and Countryside Act 1981, which lists species whose introduction into the wild is subject to controI under the act. In the recent consultation on the proposed Wildlife and Natural Environment Bill, which includes proposals for new provisions relating to the control of invasive non-native species, the Scottish Government stated that it would publish for consultation during the summer a revised list of species proposed to be added to schedule 9. Full information is available in that consultation paper at:

If pacific oysters were included on schedule 9 of the Wildlife and Countryside Act, owners or operators of farms would have to take measures to ensure that the species were not released to the wild.

02 July 2009

Peter Peacock : To ask the Scottish Executive what obligations fall on which statutory agencies to remove non-native invasive species formally classified or listed as such and what discretion exists in such matters.

Roseanna Cunningham: There are currently no obligations on any statutory agencies to remove invasive non-native species where they have been introduced. This is one of the issues considered in the consultation document on the proposed Wildlife and Natural Environment Bill:

22 June 2009

Peter Peacock: To ask the Scottish Executive, further to the answer to question S3W-23829 by Roseanna Cunningham on 27 May 2009, whether it considers that single outcome agreements require a strategic environmental assessment under section 11 of the Environmental Assessment (Scotland) Act 2005.

Roseanna Cunningham: Section 11 of the 2005 Act has to be considered on an individual and case-by-case basis by the Scottish ministers.

At this point there are no identified justifiable reasons why the Scottish ministers would use their powers under Section 11 of the 2005 Act, in relation to any Scottish single outcome agreements.

Peter Peacock : To ask the Scottish Executive, further to the answer to question S3W-23829 by Roseanna Cunningham on 27 May 2009, whether it will advise local authorities that single outcome agreements fall within the scope of the Environmental Assessment (Scotland) Act 2005 and therefore require a strategic environmental assessment.

Roseanna Cunningham: I refer the member to the answer to the question S3W-19895 on 2 February 2009. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

Peter Peacock: To ask the Scottish Executive, further to the answer to question S3W-23829 by Roseanna Cunningham on 27 May 2009, whether it will produce guidance to assist local authorities and their community planning partners in carrying out the strategic environmental assessment of single outcome agreements.

Roseanna Cunningham: There are no current plans to produce strategic environmental assessment guidance for Scottish responsible authorities producing single outcome agreements.

19 June 2009

Peter Peacock : To ask the Scottish Executive what implications for individual rights and for market and competition distortion have arisen from the operation of a ring fence for milk quota management in Kintyre.

Richard Lochhead: The Southern Isles (including the Kintyre peninsula) milk quota ring fence arrangements place limitations on the ability of local producers to lease and dispose of milk quota held. The policy was introduced to protect milk production and processing capacity in the area.

Peter Peacock : To ask the Scottish Executive what the rationale was and is for the operation of a milk quota system and a ring fence to manage the system for Kintyre.

Richard Lochhead: The Southern Isles (including the Kintyre peninsula) milk quota ring fence arrangements are in place to support the long-term interests and viability of the local dairy industry, including active producers and processors.

Peter Peacock : To ask the Scottish Executive, prior to it making a decision on the existing milk quota system and ring fence management arrangements in Kintyre, what consultation took place and with whom.

Richard Lochhead: The system of milk quotas, which operates throughout the EU, first came into existence in 1984. The Scottish milk quota ring fence arrangements have been amended from time-to-time to take account of changing circumstances in the dairy sector. The degree of consultation undertaken on each occasion was determined by the prevailing circumstances.

Peter Peacock : To ask the Scottish Executive in whose interest the milk quota system and ring fence management arrangements in Kintyre operate; how the public interest is determined in such arrangements, and what obligations the Scottish Executive has toward producers in determining public interest.

Richard Lochhead: The Southern Isles (including the Kintyre peninsula) milk quota ring fence arrangements exist to support the interests of the local dairy industry, including producers and processors. The overarching aim is to underpin, where possible, the continuation of dairying and cheese-making in the area. The policy is kept under review to ensure that it takes account of, and reflects the wishes of, the majority of active dairy producers, processors and their representative bodies

19 June 2009

Peter Peacock : To ask the Scottish Executive whether it intends to continue with the subsidy to farmers available through the National Fallen Stock Company for disposal of fallen cattle aged over 48 months.

Richard Lochhead: The current transitional support for the collection and disposal of fallen cattle aged over 48 months was funded by DEFRA from the GB Animal Health and Welfare budget for 2009 only. The Scottish Government has no current plans to provide further funding for this purpose once the transitional support has expired.

http://www.scottish.parliament.uk/s3/bills/15-FloodRisk/b15s3-intro-en.pdf.

http://www.scottishwater.co.uk/portal/page/portal/SW_PAGE_GROUP_PS_ADMIN/SW
_PUB_SCHEME_ADMIN_HOLDING/TAB65572/AnnualReport0708Oct08.pdf.

Stewart Stevenson: The government, together with stakeholders, monitors the performance of Scottish Water in respect of a number of measures in relation to the delivery of the capital programme, customer service and leakage reduction. Together, these measures demonstrate that Scottish Water is improving the quality of drinking water, reducing the impact of the industry on the environment whilst improving services to customers. Progress reports are produced quarterly on the government’s website at http://www.scotland.gov.uk/Topics/Business-Industry/waterindustryscot/qs3.

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/Apps2/Business/PQA/Default.aspx..

http://www.frs-scotland.gov.uk/FRS.Web/Uploads/Documents/IR1608.pdf.

http://www.hie.co.uk/HIE-Publications-2008/HIE%20Operating%20Plan%202008-11.pdf.

http://www.scotland.gov.uk/Resource/Doc/917/0063040.pdf.

http://www.scottishwater.co.uk/portal/page/portal/55DF618364141C46E0440003BA475CA3.

John Swinney: There are no plans to specifically assist local authorities and community planning partnerships to undertake the environmental assessment of their single outcome agreements. However, a Strategic Environmental Assessment (SEA) Tool-kit, which includes SEA guidance and templates for each stage of the assessment process, is available on-line and is designed to assist responsible authorities within Scotland to undertake their SEA commitments. The tool-kit can be accessed at http://www.scotland.gov.uk/Topics/Environment/14587.

Jim Mather: I refer the member to the answer to question S3W-20734 on 9 March 2009. 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/Apps2/Business/PQA/Default.aspx.

Greenhouse gas emissions data are published annually in Greenhouse Gas Inventories for England, Scotland, Wales and Northern Ireland. The latest available data, covering the period 1990-2006, was published on 18 September 2008. A copy is available in the Scottish Parliament Information Centre (Bib. number 46558), and on the National Atmospheric Emissions Inventory website where more detailed data is also available http://www.naei.org.uk/report_link.php?report_id=527.

Roseanna Cunningham: Forestry Commission Scotland published its Climate Change Action Plan (2009-2011) on 2 February (www.forestry.gov.uk/ccapscotland), setting out what it will do to increase the contribution and response of Scottish forestry to the challenges of climate change. Effort will focus on protecting and managing existing forests, creating new woodland, using woodland for renewable energy, replacing other materials with wood and planning to adapt to our changing climate. These directions will be embedded in the Forest Enterprise Scotland Framework Strategic Plan (2009-2013) and Forest District Strategic Plans, all of which are now being reviewed following extensive public consultation in 2008 (www.forestry.gov.uk/fesplans).

http://www.scotcourts.gov.uk/opinionsApp/sheriff.asp.

http://www.scotland.gov.uk/Topics/Environment/Countryside/16328/AccessAuthorities.

Stewart Stevenson: I refer the member to the answer to question S3W-19432 on 19 January 2009. 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/Apps2/Business/PQA/Default.aspx.

http://www.transportscotland.gov.uk/stpr.

I refer the member to the answer to question S3W-18746 on 8 January 2009. 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/Apps2/Business/PQA/Default.aspx.

Stewart Stevenson: I refer the member to the answer to question S3W-18746 on 8 January 2009. 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/Apps2/Business/PQA/Default.aspx.

http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

The organisations principally responsible for submission of material were The Royal Society for the Protection of Birds (31%) and Scottish Police Forces (29%).

A significant number (19%) of submissions originated from the general public.

Further information on the development and application of the UK SPA Selection Guidelines is available via the following web link http://www.jncc.gov.uk/page-1405.