Mary Scanlon

9 May 2013 · Written Question

To ask the Scottish Government how it will ensure (a) effective consultation with the Scottish Environment Protection Agency and Scottish Natural Heritage and (b) that proper consents and licences are obtained prior to development work on rivers containing the freshwater pearl mussel.

Answer · Paul Wheelhouse: The Water Environment (Controlled Activities) (Scotland) Regulations 2011, introduced by the Scottish Government, requires that both local planning authorities consult relevant regulatory bodies, and that developers obtain all relevant consents, prior to the …

9 May 2013 · Written Question

To ask the Scottish Government what measures it is undertaking to ensure enforcement of the Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006 in order to protect freshwater pearl mussel beds in rivers.

Answer · Paul Wheelhouse: The Environmental Impact Assessment (EIA) (Agriculture)(Scotland) Regulations 2006 came into force in Scotland on 1 January 2007 and constrain operations to carry out intensive agricultural operations on uncultivated or semi-natural land, or large scale restr…

9 May 2013 · Written Question

To ask the Scottish Government what measures are included in the Aquaculture and Fisheries (Scotland) Bill to protect the freshwater pearl mussel from (a) pollution and (b) illegal fishing.

Answer · Paul Wheelhouse: The Aquaculture and Fisheries (Scotland) Bill does not contain any specific measures to protect Freshwater Pearl Mussels (FWPM). The Freshwater Pearl Mussel is protected as follows: (a) Under the Water Environment (Controlled Activities) (Scotland) Regulati…

9 May 2013 · Written Question

To ask the Scottish Government what measures are in place to ensure the enforcement of the Wildlife and Countryside Act 1981 in terms of protection for the freshwater pearl mussel.

Answer · Paul Wheelhouse: A range of measures are in place to tackle crime affecting the freshwater pearl mussel. The Scottish Investigative Support Officer (SISO) of the National Wildlife Crime Unit (NWCU) is active in identifying intelligence and raising awareness of intelligence op…

9 May 2013 · Written Question

To ask the Scottish Government how much funding and how many personnel it provides to tackle wildlife crime.

Answer · Paul Wheelhouse: Police reform has delivered an enhanced structure for wildlife crime officers in Scotland which involves 14 Wildlife Crime Liaison Officers, a Sergeant as a National Coordinator and a Portfolio Lead at Superintendent level. This structure will deliver better …

25 Apr 2013 · Written Question

To ask the Scottish Government what alternative insecticides are available to treat oilseed rape if neonicotinoids are banned.

Answer · Richard Lochhead: The European Commission’s restrictions would apply from 1 December 2013 to three out five neonicotinoids currently being used in agriculture. One neonicotinoid, thiacloprid is currently authorised for use on oilseed rape but is not included in the Commission’…

25 Apr 2013 · Written Question

To ask the Scottish Government whether the first purchase of a tenanted croft will be registered in the crofting register.

Answer · Paul Wheelhouse: According to current crofting legislation, crofts are expected to be registered following purchase when the first regulatory action takes place and the need for registration when regulatory action takes place will become mandatory from 1 December 2013. Howeve…

25 Apr 2013 · Written Question

To ask the Scottish Government for what reason sublets of crofts will not be included in the crofting register.

Answer · Paul Wheelhouse: Those who may apply to register a croft are listed in section 4(3) of the Crofting Reform (Scotland) Act 2010, namely the owner, landlord or tenant of a tenanted croft, or an owner-occupier crofter. These were discussed at stage 2 of the Crofting Reform (Scot…

25 Apr 2013 · Written Question

To ask the Scottish Government what information will be required by the crofting register in terms of common grazings.

Answer · Paul Wheelhouse: Comprehensive guidance notes and application forms are available on the Registers of Scotland website (www.ros.gov.uk/crofting register/) for applicants for registration. Key information includes a plan showing the extent of the common grazings and informatio…

25 Apr 2013 · Written Question

To ask the Scottish Government whether common grazings will be treated as crofts in their own right in terms of the crofting register.

Answer · Paul Wheelhouse: Common grazings and crofts will be registered separately in the Crofting Register. The entry for a common grazings will contain a cross-reference to the entry for the individual crofts which have rights on the common grazings.

25 Apr 2013 · Written Question

To ask the Scottish Government how many entries there are in the crofting register.

Answer · Paul Wheelhouse: As of 30 April 2013, one croft and five common grazings are registered in the Crofting Register. In addition to the one croft already registered, the Crofting Commission is currently processing a further nine applications. Until 30 November 2010, crofts reg…

25 Apr 2013 · Written Question

To ask the Scottish Government how many civil servants are paid over £142,257.

Answer · John Swinney: The Scottish Government has two permanent employees paid more than £142,257.

4 Apr 2013 · Written Question

To ask the Scottish Government what action is being taken to assess the freshwater pearl mussel populations in non-designated rivers.

Answer · Paul Wheelhouse: The first national survey of freshwater pearl mussel populations was commissioned by Scottish Natural Heritage and undertaken by Cosgrove and Young in 1997. A repeat national survey, which includes all known non-designated rivers with pearl mussel populations…

4 Apr 2013 · Written Question

To ask the Scottish Government how many freshwater pearl mussel sites have been found to be criminally damaged in each of the last 14 years.

Answer · Paul Wheelhouse: There have been 72 suspected criminal incidents involving damage to Freshwater Pearl Mussel sites in Scotland over the past 14 years. These have been recorded by Scottish Natural Heritage and the National Wildlife Crime Unit on a yearly basis as shown in the…

4 Apr 2013 · Written Question

To ask the Scottish Government what action is being taken to identify sites for a reintroduction programme for the freshwater pearl mussel.

Answer · Paul Wheelhouse: As part of the UK Biodiversity Action Plan for freshwater pearl mussels, a trial reintroduction to two tributaries of rivers in the Cairngorms took place in 2005. The freshwater pearl mussel was subsequently included in the Species Action Framework and during…

4 Apr 2013 · Written Question

To ask the Scottish Government what action is being taken to ensure that the freshwater pearl mussel is protected while hydroelectric schemes are being developed in rivers with pearl mussel colonies.

Answer · Paul Wheelhouse: In their responses to planning and Controlled Activities Regulation licence applications, Scottish Natural Heritage (SNH) seek pre-construction surveys and also a construction method statement. In addition, SNH and the Scottish Environment Protection Agency …

4 Apr 2013 · Written Question

To ask the Scottish Government how many licences have been obtained to sell freshwater pearls from Scottish rivers in each of the last 14 years.

Answer · Paul Wheelhouse: Antique freshwater pearl mussel. Licences issued for sale of pearls between 1999-2011: Year Antique freshwater pearl mussel licences issued (To sell/jewellery trade) under Section 16(4) (b) of the Wildlife and Countryside Act 1981. 1999 The Scottish Gove…

4 Apr 2013 · Written Question

To ask the Scottish Government how many people have been (a) prosecuted, (b) fined and (c) imprisoned under the Wildlife and Countryside Act 1981 for taking, disturbing or harming a freshwater pearl mussel.

Answer · Paul Wheelhouse: The freshwater pearl mussel was given legal protection when it was added to Schedule 5 of the Wildlife and Countryside Act 1981 (WCA) in 1991. The Crown Office and Procurator Fiscal Service (COPFS) is responsible for holding records for prosecutions in relati…

4 Apr 2013 · Written Question

To ask the Scottish Government whether the safeguarding of a protected species in an EU designated special protection area or access on a path through a breeding area has priority.

Answer · Paul Wheelhouse: Access rights under the Land Reform (Scotland) Act 2003 extend to nature reserves and other conservation areas (including Special Protection Areas). The Scottish Outdoor Access Code provides detailed guidance on the responsibilities of those exercising access…

28 Mar 2013 · Written Question

To ask the Scottish Government which NHS boards routinely offer patients a choice of (a) hospital and (b) consultant on referral for treatment.

Answer · Alex Neil: The offering of appointments is an operational matter for individual NHS boards based on where their services are provided for example a specific service may only be available in one hospital or at a regional service. However in offering patients appointment …

25 Mar 2013 · Written Question

To ask the Scottish Government, in light of the pollution of the Inverinian Burn and the River Lyon arising from construction of the Inverinian Hydro Scheme and the destruction of protected freshwater pearl mussels, what it is doing to protect such colonies.

Answer · Paul Wheelhouse: Freshwater pearl mussels are listed on Schedule 5 of the Wildlife and Countryside Act 1981 and, as such, are fully protected in Scotland. From 1998, it has been an offence to intentionally or recklessly kill, injure, take or disturb freshwater pearl mussels o…

25 Mar 2013 · Written Question

To ask the Scottish Government what its position is on whether it will be possible to prevent a similar incident arising to that which caused the pollution of the Inverinian Burn and the River Lyon during the construction of the Inverinian Hydro Scheme.

Answer · Derek Mackay: Preventative measures are set out in A Guide to Hydro Power Construction Good Practice http://www.scottishrenewables.com/publications/hydro-construction-guide-good-practice/: a joint publication by Scottish Renewables, SEPA, SNH and the Scottish Government. T…

25 Mar 2013 · Written Question

To ask the Scottish Government how it will ensure that the cost of any remediation works required as result of the pollution of the Inverinian Burn and the River Lyon arising from construction of the Inverinian Hydro Scheme is recovered from those responsible for the pollution.

Answer · Derek Mackay: The recovery of the costs of remediation from those responsible was a matter for SEPA in consultation with SNH. In the event, remediation has not been pursued as it would not have been practical and possibly even detrimental to attempt to remove silt from fre…

25 Mar 2013 · Written Question

To ask the Scottish Government what remediation works, required by the habitats regulations assessment, will be carried out as a result of the pollution of the Inverinian Burn and the River Lyon that arose from the construction of the Inverinian Hydro Scheme.

Answer · Derek Mackay: Remediation has not been pursued as it would not have been practical and possibly even detrimental to attempt to remove silt from freshwater pearl mussel beds.

25 Mar 2013 · Written Question

To ask the Scottish Government whether it considers that the environmental and habitats regulations assessments carried out for the purpose of assisting the consent process for the Inverinian Hydro Scheme were carried out appropriately and what the reasons are for its position on this matter.

Answer · Derek Mackay: It is a matter for the planning authority to satisfy themselves that all assessments have been undertaken appropriately and in accordance with all relevant legislation, taking into account advice from the statutory consultation bodies.

25 Mar 2013 · Written Question

To ask the Scottish Government whether it considers that the conditions attached to the planning consent for the Inverinian Hydro Scheme were adequate to protect the natural environment and what the reasons are for its position on this matter.

Answer · Derek Mackay: It is a matter for the planning authority to ensure that planning conditions are adequate. Conditions should meet the six tests set out in Circular 4/1998 on the Use of Planning Conditions in Planning Permissions, in that they are necessary, relevant to plann…

25 Mar 2013 · Written Question

To ask the Scottish Government, in light of the pollution of the Inverinian Burn and the River Lyon arising from construction of the Inverinian Hydro Scheme, what discussions it has had with (a) local planning authorities, (b) the Scottish Environment Protection Agency and (c) Scottish Natural Heritage to ensure that …

Answer · Derek Mackay: The Scottish Government liaises closely with planning authorities and holds regular discussions with key agencies including SNH and SEPA on policy, practice and regulatory functions in relation to the environmental impacts of development.

14 Mar 2013 · Written Question

To ask the Scottish Government whether local authorities and lead agencies for care of older people can pay up to 80% more for a placement in a local authority care home than for one in the independent sector and, if so, for what reason.

Answer · Alex Neil: The cost of providing care in a local authority care home is a matter for each individual local authority. Section 22 of the National Assistance Act 1948 requires local authorities to set fees in their homes at the full cost of providing the care. The level …

14 Mar 2013 · Written Question

To ask the Scottish Government how many care homes in each local authority area have received an inspection report rating of three or less in each of the last six years.

Answer · Alex Neil: The information requested is available from the Scottish Parliament Information Centre (Bib. number 54841).

14 Mar 2013 · Written Question

To ask the Scottish Government, further to the answer to question S4W-13041 by Richard Lochhead on 11 March 2013, when the report on bee health will be published.

Answer · Richard Lochhead: The results from the first Scotland-wide honey bee health survey are currently being prepared and will be available during May 2013.