Parliamentary questions
Jackie Baillie
9,397 questions tabled in the Scottish Parliament, most recent first.
14 Mar 2008 · Written Question
To ask the Scottish Executive, in light of the contents of the letter from HBOS to Highland Council dated 23 October 2007 and copied to the First Minister in which it was stated that without the relevant planning consents the bank would have “no option but to take action to mitigate its financial position.... likely t…
Answer · Michael Russell: The First Minister did not have sight of the correspondence and did not respond to it. A response was sent by an official in line with ministerial correspondence administration protocol.</p>
14 Mar 2008 · Written Question
To ask the Scottish Executive whether the Scottish Environment Protection Agency has any statutory duties to promote economic development
Answer · Michael Russell: I refer the member to the answer to question S3W-11032 on 16 April 2008 All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at <a href="http://www.scottish.parliament.uk/webapp/…
14 Mar 2008 · Written Question
To ask the Scottish Executive whether the Scottish Environment Protection Agency is under any statutory duty to give weight to the economic interests of developers in undertaking its statutory duties, beyond any general encouragement or guidance to act efficiently and as expeditiously as possible in conducting its aff…
Answer · Michael Russell: I refer the member to the answer to question S3W-11032 on 16 April 2008 All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at <a href="http://www.scottish.parliament.uk/webapp/…
14 Mar 2008 · Written Question
To ask the Scottish Executive whether the Scottish Environment Protection Agency is obliged under its statutory duties, or in guidance issued to it, to have regard to the economic interests of developers in making statutory determinations, beyond any general encouragement or guidance to act efficiently and expeditious…
Answer · Michael Russell: SEPA has a general duty under section 32 of the Environment Act 1995 to have regard to the economic needs of any area when formulating proposals relating to any of the agency''s statutory functions. SEPA is also required to adhere to statutory guidance on Sus…
14 Mar 2008 · Written Question
To ask the Scottish Executive why a briefing note, commissioned by the Minister for Community Safety and prepared by building consultants on behalf of the developer of Aviemore resort hotels, was sent to the Scottish Environment Protection Agency by the Scottish Government and who issued the instructions to do so.
Answer · Michael Russell: The briefing note was forwarded by Scottish Government officials to SEPA for background information and comment following the approaches made by MSPs to the First Minister and others.</p>
14 Mar 2008 · Written Question
To ask the Scottish Executive what the reasons were for the First Minister circulating a briefing note commissioned by the Minister for Community Safety, and prepared by building consultants on behalf of the developer of Aviemore resort hotels, to the Cabinet Secretary for Rural Affairs and the Environment, the Minist…
Answer · Michael Russell: The briefing note was forwarded by the First Minister''s private office to the ministers and a number of officials for background information following the approaches made by MSPs to the First Minister and others.</p>
14 Mar 2008 · Written Question
To ask the Scottish Executive which minister would have determined any appeal by the developers of Aviemore resort hotels against a decision by the Cairngorms National Park Authority to reject the master plan and any related planning applications
Answer · Michael Russell: Where an application for planning permission has been made to the planning authority and has been refused, approved with conditions, or the authority has failed to make a decision on the application within the set period, the applicant may appeal to Scottish …
14 Mar 2008 · Written Question
To ask the Scottish Executive who would have determined the Aviemore resort hotels master plan planning application and related planning applications under consideration by the Cairngorms National Park Authority if members locally had approved any of the applications with an outstanding objection from the Scottish Env…
Answer · Michael Russell: Under notification procedures, it would be for the planning minister, Stewart Stevenson, to determine whether the planning application required to be referred to him instead of being dealt with by the planning authority. If the planning minister were debarred…
13 Mar 2008 · Written Question
To ask the Scottish Executive whether, when giving advice to the Cairngorms National Park Authority in the Aviemore resort hotels master plan planning application, the Scottish Environment Protection Agency (SEPA) properly exercised its statutory functions to inform policy and promote an understanding of its activitie…
Answer · Michael Russell: I refer the member to the answer to question S3W-10935 on 11 April 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at <a href="http://www.scottish.parliament.uk/webapp…
13 Mar 2008 · Written Question
To ask the Scottish Executive whether the reporter’s advice to ministers on Aberdeen City Council’s public local inquiry in May 2006 and Moray Council’s public local inquiry in November 2007 took full account of regulations and guidance issued by Scottish Ministers on promoting sustainable flood management.
Answer · Stewart Stevenson: Unlike structure plans which are approved by Scottish ministers, responsibility for the preparation and adoption of local plans lies with the planning authority for the relevant area. The planning authority has to comply with statutory requirements, including…
13 Mar 2008 · Written Question
To ask the Scottish Executive whether the reporter’s advice to ministers on Aberdeen City Council’s public local inquiry in May 2006 and Moray Council’s local plan public local inquiry in November 2007 have been considered by ministers and, if so, what conclusions were reached in each case.
Answer · Michael Russell: Responsibility for the preparation and adoption of local plans lies with the planning authority for the relevant area. The planning authority is responsible, where necessary, for appointing a reporter to hold a public local inquiry. The reporter''s report and…
13 Mar 2008 · Written Question
To ask the Scottish Executive whether the Scottish Environment Protection Agency’s evidence to Aberdeen City Council’s public local inquiry in May 2006 and to Moray Council’s public local inquiry in November 2007 complied with its statutory duty to promote sustainable flood management and, if so, in what way and wheth…
Answer · Michael Russell: I refer the member to the answer to question S3W-10935 on 11 April 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at <a href="http://www.scottish.parliament.uk/webapp…
13 Mar 2008 · Written Question
To ask the Scottish Executive whether the Scottish Environment Protection Agency’s advice to the Cairngorms National Park Authority on the Aviemore resort hotels master plan planning application complied with its statutory duty to promote sustainable flood management and, if so, in what way and whether that advice too…
Answer · Michael Russell: I refer the member to the answer to question S3W-10935 on 11 April 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at <a href="http://www.scottish.parliament.uk/webapp…
13 Mar 2008 · Written Question
To ask the Scottish Executive whether the Scottish Environment Protection Agency’s (SEPAs) evidence to Aberdeen City Council’s public local inquiry in May 2006 and to the Moray Council public local inquiry in November 2007 complied with the rules and guidelines relevant to the exercise of SEPA’s functions, duties and …
Answer · Michael Russell: I refer the member to the answer to question S3W-10935 on 11 April 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at <a href="http://www.scottish.parliament.uk/webapp…
13 Mar 2008 · Written Question
To ask the Scottish Executive whether the Scottish Environment Protection Agency’s (SEPA’s) advice to the Cairngorms National Park Authority on the Aviemore resort hotels master plan planning application complied with the rules and guidelines relevant to the exercise of SEPA’s functions, duties and powers, as set out …
Answer · Michael Russell: I refer the member to the answer to question S3W-10935 on 11 April 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at <a href="http://www.scottish.parliament.uk/webapp…
13 Mar 2008 · Written Question
To ask the Scottish Executive whether any minister has sought advice about instructing or directing the Scottish Environment Protection Agency in relation to taking any particular courses of action in the last seven months.
Answer · Michael Russell: Ministers have issued directions to the Scottish Environment Protection Agency (SEPA) since 1 August 2007 in a number of cases. These covered a range of topics, including water quality issues, bathing water classifications and SEPA''s charging schemes.</p>
13 Mar 2008 · Written Question
To ask the Scottish Executive whether there is written guidance for ministers in relation to (a) instructing non-departmental public bodies (NDPBs) whether to take particular courses of action, (b) issuing formal directions and (c) in their other dealings with NDPBs and whether it will publish any such advice.
Answer · Michael Russell: The ability of ministers and officials to instruct or direct non-departmental public body (NDPB) delivery partners is part of the long established governance framework between government and the bodies they sponsor.</p> <p >Within this delivery relationship…
13 Mar 2008 · Written Question
To ask the Scottish Executive whether a non-departmental public body which was being given a direction by the Scottish Government would be informed that it was a formal direction it was being given and whether any such notification would normally make clear whether the direction was following a decision of ministers.
Answer · Michael Russell: The ability of ministers and officials to instruct or direct non-departmental public body (NDPB) delivery partners is part of the long established governance framework between government and the bodies they sponsor.</p> <p >Within this delivery relationship…
13 Mar 2008 · Written Question
To ask the Scottish Executive whether ministers are obliged or advised to follow any procedures prior to issuing a direction to a non-departmental public body (NDPB) and whether a distinction is made between provisions for the Scottish Environment Protection Agency and other NDPBs.
Answer · Michael Russell: The ability of ministers and officials to instruct or direct non-departmental public body (NDPB) delivery partners is part of the long established governance framework between government and the bodies they sponsor.</p> <p >Within this delivery relationship…
13 Mar 2008 · Written Question
To ask the Scottish Executive whether ministers have to approve formal directions to a non-departmental public body (NDPB) and whether a distinction is made between provisions for the Scottish Environment Protection Agency and other NDPBs.
Answer · Michael Russell: The ability of ministers and officials to instruct or direct non-departmental public body (NDPB) delivery partners is part of the long established governance framework between government and the bodies they sponsor.</p> <p >Within this delivery relationship…
13 Mar 2008 · Written Question
To ask the Scottish Executive whether, in dealings with non-departmental public bodies (NDPBs), a distinction is made between an instruction to an NDPB from the Scottish Government and a formal direction and whether a distinction is made between provisions for the Scottish Environment Protection Agency and other NDPBs.
Answer · Michael Russell: The ability of ministers and officials to instruct or direct non-departmental public body (NDPB) delivery partners is part of the long established governance framework between government and the bodies they sponsor.</p> <p >Within this delivery relationship…
13 Mar 2008 · Written Question
To ask the Scottish Executive what specific statutory duties ministers have in relation to the functions of the Scottish Environment Protection Agency (SEPA) under the relevant Acts which govern SEPA.
Answer · Michael Russell: I refer the member to the answer to question S3W-10979 on 11 April 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at <a href="http://www.scottish.parliament.uk/webapp…
13 Mar 2008 · Written Question
To ask the Scottish Executive whether it is ministers or the Scottish Environment Protection Agency (SEPA) that have a statutory responsibility placed on them by the relevant Acts which govern SEPA.
Answer · Michael Russell: The Environment Act 1995 establishes SEPA and defines its main statutory powers and duties. Additional statutory duties have been given to SEPA by legislation enacted since the formation of SEPA. SEPA is responsible for the operational exercise of these power…
13 Mar 2008 · Written Question
To ask the Scottish Executive on how many occasions since May 2007 ministers have instructed non-departmental public bodies (NDPBs) to take particular actions with regard to individual casework with which the NDPB was dealing and which fell within the NDPB’s statutory responsibilities.
Answer · Michael Russell: The ability of ministers and officials to instruct or direct non-departmental public body (NDPB) delivery partners is part of the long established governance framework between government and the bodies they sponsor.</p> <p >Within this delivery relationship…
13 Mar 2008 · Written Question
To ask the Scottish Executive whether ministers have the power to formally instruct non-departmental public bodies (NDPBs) as to the procedures they should follow and the timescales they should work to when an NDPB is working on a particular case or application for which it has statutory responsibility, as distinct fr…
Answer · Michael Russell: The ability of ministers and officials to instruct or direct non-departmental public body (NDPB) delivery partners is part of the long established governance framework between government and the bodies they sponsor.</p> <p >Within this delivery relationship…
13 Mar 2008 · Written Question
To ask the Scottish Executive whether Scottish Government officials have the power to instruct non-departmental public bodies (NDPBs) to take particular actions without the consent of ministers and relating to individual cases with which an NDPB may be dealing, as distinct from matters in relation to the administratio…
Answer · Michael Russell: The ability of ministers and officials to instruct or direct non-departmental public body (NDPB) delivery partners is part of the long established governance framework between government and the bodies they sponsor.</p> <p >Within this delivery relationship…
13 Mar 2008 · Written Question
To ask the Scottish Executive whether it considers that the Scottish Environment Protection Agency and the Cairngorms National Park Authority took an informed approach to decision making and erred on the side of caution in relation to the flood risk assessment of the Aviemore resort hotels master plan application.
Answer · Michael Russell: I refer the member to the answer to question S3W-10942 on 11 April 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at <a href="http://www.scottish.parliament.uk/webapp…
13 Mar 2008 · Written Question
To ask the Scottish Executive whether any member of the Scottish Government saw, or was shown, the exhibition of phase two of the Aviemore resort hotel’s development arranged by Mr Donald Macdonald for the First Minister during the SNP Conference in Aviemore from 26 to 28 October 2008.
Answer · Michael Russell: No member of the Scottish Government saw the exhibition.</p>
13 Mar 2008 · Written Question
To ask the Scottish Executive what issues were discussed and agreed when the Minister for Enterprise, Energy and Tourism met representatives of Macdonald Hotels, the Cairngorms National Park Authority, Highland Council and the Minister for Community Safety in Aviemore on 26 October 2007.
Answer · Michael Russell: Those attending the meeting on 26 October 2007 discussed the progress, at that time, of the planning process relating to the application by Macdonald Hotels at Aviemore. The ministers urged all public agencies to work within the bounds of due process to prog…
13 Mar 2008 · Written Question
To ask the Scottish Executive who in the First Minister’s private office decided that correspondence from Mr Donald Macdonald’s company and enclosures of further correspondence between the company and the planning authorities, the Cairngorms National Park Authority and Highland Council in relation to the Aviemore reso…
Answer · Michael Russell: The decision was taken by the Assistant Private Secretary with responsibility for correspondence on the basis of established protocol.</p>