Parliamentary questions

Mark Ruskell

1,773 questions tabled in the Scottish Parliament, most recent first.

16 Aug 2006 · Written Question

To ask the Scottish Executive what role it has in relation to how the United Kingdom votes on applications to the European Union to import or cultivate genetically modified crops, foods and feeds.

Answer · Rhona Brankin: The Executive’s role is toensure that the regulatory processes to import or cultivate GM crops, foods orfeeds operate properly and that applications are subject to robust and detailedscrutiny. When the application includes the potential import or cultivation …

16 Aug 2006 · Written Question

To ask the Scottish Executive what role it has in relation to UK policy on the approval of genetically modified crops, foods and feeds for import or cultivation by the European Union.

Answer · Rhona Brankin: The Scottish Executive has consistentlysupported the EU and UK policy that there should be rigorous, scientificallybased, case-by-case scrutiny of applications for the approval of GM crops, foodsand feeds. When the application includes the potential import or…

15 Aug 2006 · Written Question

To ask the Scottish Executive what role it plays in the setting of bye-laws by harbour authorities.

Answer · Tavish Scott: It is for individual harbourauthorities to decide what byelaws are required to meet local circumstances andoperational needs. In considering applications for harbour byelaws, the Scottish Executive will ensure that what is proposed is compliant with thereleva…

15 Aug 2006 · Written Question

To ask the Scottish Executive whether a harbour authority can consent to a programme of ship-to-ship oil transfers without amending its bye-laws to take account of such the transfer operations.

Answer · Tavish Scott: It is a matter for a harbourauthority to determine whether its byelaws are adequate to meet the needs ofits existing and planned operational activities. If amendments or additions toits byelaws are required a harbour authority will apply to the ScottishExecut…

9 Aug 2006 · Written Question

To ask the Scottish Executive when the consultation on the implementation of the EU Environmental Liability Directive will take place in Scotland and whether there will be regional meetings as part of the consultation process.

Answer · Ross Finnie: A consultation on the transpositionof the EU Environmental Liability Directive will be issued in the autumn of thisyear. The Scottish Executive will offer meetings with key stakeholders duringand after the consultation period and would also be happy to arrang…

9 Aug 2006 · Written Question

To ask the Scottish Executive whether doctors, veterinarians and farmers are considered to be “operators” under the EU Environmental Liability Directive and would be considered liable for remediation costs in respect of environmental harm if that harm arose from their use of genetically modified vaccines, crops or oth…

Answer · Ross Finnie: The Directive defines “operator”quite widely to include any person who operates or controls an activity, businessor undertaking, irrespective of its private or public, profit or non-profit character.Therefore doctors, veterinarians and farmers can under certa…

9 Aug 2006 · Written Question

To ask the Scottish Executive which Scottish sites of special scientific interest do not fall within the scope of the EU Environmental Liability Directive and would not be protected under Scottish implementing regulations unless the scope of the directive is extended.

Answer · Ross Finnie: The Environmental LiabilityDirective is concerned with the prevention and remediation of significant damageto certain protected species and natural habitats in the wider environment.Its application is not definedby reference to the boundaries of design…

9 Aug 2006 · Written Question

To ask the Scottish Executive which species under the UK Biodiversity Action Plan which are found in Scotland do not fall within the scope of the EU Environmental Liability Directive and would not be protected under Scottish implementing regulations unless the scope of the directive is extended.

Answer · Ross Finnie: The protection and enhancementof priority species and habitats in Scotland is delivered through a range of mechanisms, includingthe UK Biodiversity Action Plan (UKBAP), the Scottish Biodiversity Strategy andthe designated sites network.Underthe UK BAP …

3 Aug 2006 · Written Question

To ask the Scottish Executive, further to the answer to question S2W-27199 by Ms Margaret Curran on 26 July 2006, when it will announce the outcome of its review of Schedule 1 of the Freedom of Information (Scotland) Act 2002.

Answer · Margaret Curran: The on-going, limited reviewof the early operation of freedom of information in Scotland is providingthe opportunity to consider how the act is working in practice. The outcome of thereview will be announced in due course.

28 Jul 2006 · Written Question

To ask the Scottish Executive what its position is on the Secretary of State for Environment, Food and Rural Affairs’ priorities for the Department for Environment, Food and Rural Affairs.

Answer · Ross Finnie: The Secretary of State’s prioritiesfor Defra are a matter for the UK Government.

28 Jul 2006 · Written Question

To ask the Scottish Executive what discussions it has had with the Department for Environment, Food and Rural Affairs (DEFRA) on further reform of the Common Agricultural Policy, referred to in the Secretary of State for Environment, Food and Rural Affairs’ letter to the Prime Minister outlining priorities for DEFRA.

Answer · Ross Finnie: We have regular discussionswith the Department for Environment, Food and Rural Affairs (Defra) on a rangeof issues. We have repeatedly made it clear that our priorities for ScottishAgriculture are as set out in A Forward Strategy for Scottish Agriculture-N…

28 Jul 2006 · Written Question

To ask the Scottish Executive what discussions it has had with the Department for Environment, Food and Rural Affairs on the One Planet Living initiative.

Answer · Ross Finnie: “One planet living” is a wayof expressing the idea that we need to live within environmental limits.This is one of the five UK sharedprinciples for sustainable development underlying both the Scottish Executive’sand the UK Government’s sustainable deve…

26 Jul 2006 · Written Question

To ask the Scottish Executive how many doses of bird flu vaccine it (a) has in stock, (b) has ordered and (c) intends to order.

Answer · Ross Finnie: No avian influenza vaccine iscurrently held in stock in Scotland, but, as stated in the answers to questions S2W-27581and S2W-27582 on 17 August 2006, Scotland will have access to the UK resource.All answers to writtenparliamentary questions are availa…

26 Jul 2006 · Written Question

To ask the Scottish Executive whether, following the announcement by the Department for Environment, Food and Rural Affairs on 11 July 2006 of its intention to order 10 million additional doses of bird flu vaccine for possible use as a strategic control measure, it intends to order vaccine in the pursuance of the same…

Answer · Ross Finnie: As noted in answer to questionS2W-27581 on 17 August 2006, Scotland will have access to the UK avian influenzavaccine resource, and there is therefore no need to develop a separate Scottishvaccine bank.All answers to writtenparliamentary questions are …

26 Jul 2006 · Written Question

To ask the Scottish Executive whether, following the announcement by the Department for Environment, Food and Rural Affairs on 11 July 2006 of its intention to order 10 million additional doses of bird flu vaccine for possible use as a strategic control measure, these doses will be available in the event of an outbrea…

Answer · Ross Finnie: The vaccine resource which Defrais procuring will be available to all UK administrations.

26 Jul 2006 · Written Question

To ask the Scottish Executive whether it accepts the evidence-based case for the use of vaccine as a strategic control measure to slow the spread of bird flu in order to prevent wholesale and immediate slaughter of poultry in the event of an outbreak of the disease.

Answer · Ross Finnie: The culling of poultry on premisesinfected by avian influenza is a requirement of the EU Avian Influenza Directive.The Scottish Executive is working with the other UK administrations to make vaccinationa credible option for the control of avian influenza. How…

29 Jun 2006 · Written Question

To ask the Scottish Executive, further to the answer to question S2W-26818 by Tavish Scott on 23 June 2006, whether it intends to review Schedule 1 of the Freedom of Information (Scotland) Act 2002 in respect of including harbour authorities or their public functions.

Answer · Margaret Curran: There are powers providedfor within the Freedom of Information (Scotland) Act 2002 to review Schedule 1, and this was one of the topicswhich the Executive consulted on earlier this year as part of our currentreview of aspects of the legis…

29 Jun 2006 · Written Question

To ask the Scottish Executive, further to the answer to question S2W-26818 by Tavish Scott on 23 June 2006, what guidance it has issued on the responsibilities of Scottish public authorities within the meaning of the Environmental Information (Scotland) Regulations 2004 and whether private companies with public functi…

Answer · Ross Finnie: The Scottish Executivepublished Guidance for Scottish Public Authorities and Interested Parties onthe implementation of the Environmental Information (Scotland) Regulations2004 in September 2005. Copies canbe obtained in the Blackw…

23 Jun 2006 · Written Question

To ask the Scottish Executive, further to the answer to question S2W-26371 by Rhona Brankin on 8 June 2006, whether Forth Ports plc acts as a Scottish public authority in the exercise of its statutory duties as a harbour authority under Regulation 4 of the Environmental Information (Scotland) Regulations 2004 and, if …

Answer · Rhona Brankin: I refer the member to thequestion S2W-26818, answered on 23 June 2006. All answers to written parliamentaryquestions are available on the Parliament’s website, the search facility forwhich can be found at: <ahref="http://www.scottish.parliament.uk/webapp/wa.s…

14 Jun 2006 · Written Question

To ask the Scottish Executive what consenting mechanism for a programme of ship-to-ship transfers in the Firth of Forth is available to Forth Ports plc as competent authority; whether consent can be given subject to conditions in order to safeguard the integrity of European wildlife sites, and whether such consent bei…

Answer · Tavish Scott: It is for Forth Ports Authorityand ultimately the courts to determine what their powers are. The Forth Ports AuthorityForth Byelaws are made under powers conferred by Part VI of the Forth Ports AuthorityOrder (which was confirmed by the Forth Ports Authority …

14 Jun 2006 · Written Question

To ask the Scottish Executive, further to the answers to questions S2W-26369 and S2W-26371 by Rhona Brankin on 8 June 2006, whether a revised Environmental Impact Assessment of ship-to-ship transfer proposals in the Firth of Forth carried out, commissioned, or requested by Forth Ports plc, as competent authority, is …

Answer · Tavish Scott: It is for Forth Ports Authorityand ultimately the courts to determine what their responsibilities are under theEnvironmental Information (Scotland) Regulations 2004 (EISRs). Forth Ports plc is not a ScottishPublic Authority within the meaning of the Freedom o…

14 Jun 2006 · Written Question

To ask the Scottish Executive, further to the answer to question S2W-26369 by Rhona Brankin on 8 June 2006, whether Forth Ports plc, as competent authority, is required to consult on a revised Environmental Impact Assessment of ship-to-ship transfer proposals in the Firth of Forth and, if so, with whom.

Answer · Tavish Scott: It is for Forth Ports to determinewhat their responsibilities are. We would expect them to consult on this.

30 May 2006 · Written Question

To ask the Scottish Executive, further to the answer to question S2W-24710 by Rhona Brankin on 27 March 2006, whether competent authorities in Scotland proposing to agree a plan or project of a type not specified by Regulations 54 to 85 of the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended), notwith…

Answer · Rhona Brankin: Regulation 3(4) of the Conservation(Natural Habitats, &c.) Regulations 1994 requires every competent authority,in the exercise of its functions, to have regard to the requirements of the HabitatsDirective (92/42/EEC) so far as they may be affected by thos…

30 May 2006 · Written Question

To ask the Scottish Executive by what method competent authorities are required to report the results of appropriate assessment of plans or projects under the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) to the (a) Executive, (b) UK Government and (c) European Commission; whether the appropriate …

Answer · Rhona Brankin: Appropriate assessment isthe responsibility of the relevant competent authority. There is norequirement, either in the Conservation (Natural Habitats, &c.)Regulations 1994 or in the Habitats Directive (92/43/EEC), to reportthe results of ind…

30 May 2006 · Written Question

To ask the Scottish Executive what advice it has given to competent authorities intending to carry out appropriate assessment of plans or projects likely to affect European wildlife sites with regard to consulting (a) statutory bodies, (b) other interested parties and (c) the general public and whether the advice diff…

Answer · Rhona Brankin: Guidance on implementationof the Birds and Habitats directives, including the carrying out of appropriateassessments and consultation with statutory bodies and the general public, isset out in the Scottish Executive’s June 2000 circular: Nature Conservatio…

30 May 2006 · Written Question

To ask the Scottish Executive whether Forth Ports plc has consulted Scottish Natural Heritage for the purpose of carrying out an appropriate assessment of a plan or project under the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) for ship-to-ship transfers of oil in the Firth of Forth.

Answer · Rhona Brankin: Aquatera on behalf ofMelbourne Marine Services sought views from Scottish Natural Heritage (SNH) andSNH has commented on a draft Oil SpillContingency Plan and on proposed changes to Clearwater Forth. SNH has alsocommented on the Environmental Impact Assessmen…

25 May 2006 · Written Question

To ask the Scottish Executive what advice it has given to competent authorities in respect of the appropriateness of taking the opinion of the general public when carrying out an appropriate assessment of the implications of a plan or project for the integrity of European wildlife sites under the Conservation (Natural…

Answer · Rhona Brankin: I refer the member to the answer to question S2W-26370 on 8 June 2006.The decision whether or not to takethe opinion of the general public in any particular circumstance is one for therelevant competent authority.All answers to writtenparliamentary que…

9 May 2006 · Written Question

To ask the Scottish Executive whether Scottish Water has been set targets to reduce leakage rates and what reductions the Executive hopes will be achieved by the end of the first phase of the Quality and Standards III investment programme.

Answer · Rhona Brankin: In its publication TheStrategic Review of Charges 2006-10: The final determination, the Water IndustryCommission for Scotland reported that it may be reasonable for Scottish Water to “narrow50% of the gap between current performance and the econ…

2 May 2006 · Written Question

To ask the Scottish Executive what its estimate is of the total level of CO2 and other greenhouse gas emissions in 2010 if both the Scottish and UK climate change programmes deliver as expected.

Answer · Ross Finnie: The Executive is preparingprojections of Scottish CO2 and other greenhouse gas emissions for2010 taking account of the measures in the Scottish and UK climatechange programmes, and these will be available later this year.

25 Apr 2006 · Written Question

To ask the Scottish Executive what the reasons were for it not designating the Water Industry Commission for Scotland as a responsible authority under section 2 of the Water Environment and Water Services (Scotland) Act 2003.

Answer · Rhona Brankin: In setting its objectives forScottish Water, the Executive is responsible for taking into accountthe specific environmental requirements of the Water Framework Directive. As the independent economic regulator ofScottish Water, the Water Industry Commission fo…