Parliamentary questions

Peter Peacock

1,395 questions tabled in the Scottish Parliament, most recent first.

5 Dec 2008 · Written Question

To ask the Scottish Executive whether it can require private contractors to employ forestry staff transferred to them under transfer of undertakings (protection of employment) (TUPE) regulations for any specified periods into the future beyond those that TUPE may guarantee.

Answer · Michael Russell: Staff transferred to a private contractor under TUPE have protection for an unspecified period as there is no time scale within the regulations beyond which the protections provided under TUPE no longer apply.

5 Dec 2008 · Written Question

To ask the Scottish Executive whether it considers that it is able to anticipate all environmental and other events that may have implications for the management of Scotland’s forests for periods of up to 75 years.

Answer · Michael Russell: It is almost inevitable that there will be environmental, social and economic changes over the next few decades which may impact on Scotland''s forests. We have a range of monitoring and forecasting mechanisms in place to help the forestry sector adapt where …

5 Dec 2008 · Written Question

To ask the Scottish Executive whether it has powers to direct private forestry owners or interests in Scotland.

Answer · Michael Russell: Through Forestry Commission Scotland''s regulatory, grant-aid and advisory functions, Scottish ministers can influence the nature of private sector forestry.

5 Dec 2008 · Written Question

To ask the Scottish Executive whether it has powers to direct Forestry Commission Scotland.

Answer · Michael Russell: Yes.

5 Dec 2008 · Written Question

To ask the Scottish Executive how many people Forestry Commission Scotland directly employs.

Answer · Michael Russell: Forestry Commission Scotland currently has 943 direct employees.

5 Dec 2008 · Written Question

To ask the Scottish Executive how it quantifies the public benefits delivered by Forestry Commission Scotland.

Answer · Michael Russell: Forestry Commission Scotland''s Corporate Plan 2008-11 sets out the key actions being taken against each of the themes in the Scottish Forestry Strategy. In addition, the commission has a range of evaluation studies in place (e.g. Forestry and People) to meas…

5 Dec 2008 · Written Question

To ask the Scottish Executive what public benefits it considers are delivered by Forestry Commission Scotland.

Answer · Michael Russell: Forestry Commission Scotland delivers a very wide range of public benefits in the social, environmental, and economic areas, both through its management of the national forest estate, and through its regulatory, grant-aid, and advisory function for private wo…

5 Dec 2008 · Written Question

To ask the Scottish Executive whether it considers that private firms investing in forestry in Scotland are bound to put the interests of their shareholders first.

Answer · Michael Russell: This is a matter for individual companies, acting in accordance with their constitution and the law (including any relevant forestry regulations). If they are in receipt of grant-aid, they must abide by the grant scheme requirements.

5 Dec 2008 · Written Question

To ask the Scottish Executive whether Scottish ministers balance commercial interests with silvicultural, recreational and environmental interests in determining its policies on Forestry Commission Scotland.

Answer · Michael Russell: Yes. This can be seen clearly in the Scottish Forestry Strategy.

5 Dec 2008 · Written Question

To ask the Scottish Executive whether it proposes to use the UK Woodland Assurance Standard or the UK Forestry Standard in any leasing arrangements for the national forest estate.

Answer · Michael Russell: Offering management leases and cutting rights is a potential option for releasing capital from the national forest estate which could be used to fund woodland creation projects to help mitigate climate change. This option is included in a public consultation …

5 Dec 2008 · Written Question

To ask the Scottish Executive whether, under the powers included in the document Climate Change and the National Forest Estate - Consultation on forestry provisions in the Scottish Climate Change Bill, it is envisaged that Scottish ministers of the current or any future administration would be constrained over the pro…

Answer · Michael Russell: The responses to the consultation exercise, including any views on the proportion of the estate that might be leased and on the proposed lease period, will help inform Forestry Commission Scotland''s deliberations on this issue.

5 Dec 2008 · Written Question

To ask the Scottish Executive what rights currently held by Forestry Commission Scotland it envisages will transfer to any lease holders under the plans postulated in the document Climate Change and the National Forest Estate - Consultation on forestry provisions in the Scottish Climate Change Bill.

Answer · Michael Russell: The responses to the consultation exercise and the options review will help inform Forestry Commission Scotland''s deliberations on this issue.

5 Dec 2008 · Written Question

To ask the Scottish Executive whether the entering of joint ventures envisaged in the document Climate Change and the National Forest Estate - Consultation on forestry provisions in the Scottish Climate Change Bill could include leasing arrangements with third parties.

Answer · Michael Russell: It is possible that a joint venture arrangement could also include leasing arrangements with third parties.

5 Dec 2008 · Written Question

To ask the Scottish Executive whether it considers that funding for specific purposes should be ring-fenced over prolonged periods of years.

Answer · Michael Russell: This depends upon circumstances and would be subject to decisions by the Parliament on a case-by-case basis.

5 Dec 2008 · Written Question

To ask the Scottish Executive whether it considers that income to it and its agencies and commissions from any source should be hypothecated to a specific purpose for any specific period of between two and 75 years.

Answer · Michael Russell: This depends upon circumstances and would be subject to decisions by the Parliament on a case-by-case basis.

5 Dec 2008 · Written Question

To ask the Scottish Executive over how many years it plans to spend the potential assets derived from the lease of Forestry Commission land as envisaged in the consultation on the future of the national forest estate.

Answer · Michael Russell: This will be determined after the consultation exercise and options review.

5 Dec 2008 · Written Question

To ask the Scottish Executive by how much it plans to increase expenditure on climate change, as envisaged in the consultation on the future of the national forest estate.

Answer · Michael Russell: This will be determined after the consultation exercise and options review.

5 Dec 2008 · Written Question

To ask the Scottish Executive whether it is obliged to apply receipts from the sale or lease of land owned by Forestry Commission Scotland to forestry expenditure.

Answer · Michael Russell: It is for the Scottish Parliament to decide whether funding for specific purposes should be ring-fenced over prolonged period of years.

5 Dec 2008 · Written Question

To ask the Scottish Executive whether the lease of land owned by Forestry Commission Scotland can take the form a single payment at the commencement of the lease to cover the entire lease period.

5 Dec 2008 · Written Question

To ask the Scottish Executive whether the lease of land owned by Forestry Commission Scotland can form an annual revenue stream for it for each year of the lease period, payable in each said year.

Answer · Michael Russell: Forestry Commission Scotland leases land for which it receives an annual payment.

5 Dec 2008 · Written Question

To ask the Scottish Executive what spending authority or powers will be generated by it through the lease of Forestry Commission Scotland land and whether any such spending authority or powers would be negated by any lease period below a defined minimum period.

Answer · Michael Russell: The lease of Forestry Commission Scotland land, regardless of lease period, generates no new spending authority or powers. If, however, powers under the Climate Change Bill were obtained and used to lease land, then the use of funds would need to rel…

5 Dec 2008 · Written Question

To ask the Scottish Executive whether income from the lease of land owned by Forestry Commission Scotland is required to be treated as capital.

Answer · Michael Russell: Income from the lease of land owned by Scottish ministers and administered by Forestry Commission Scotland are normally treated as DEL revenue income.

5 Dec 2008 · Written Question

To ask the Scottish Executive how receipts from the sale or lease of land owned by Forestry Commission Scotland are treated in public accounting terms.

Answer · Michael Russell: Receipts from sales or leases of land owned by Scottish ministers and administered by Forestry Commission Scotland are recorded in the Annual Report and Accounts of Forestry Commission Scotland. Income from outright sales are classified as capital DEL income …

5 Dec 2008 · Written Question

To ask the Scottish Executive whether Scottish ministers are in any way constrained by regulation as to how they apply funds raised by the sale or lease of assets owned by Forestry Commission Scotland.

Answer · Michael Russell: There are no specific regulations about use of funds raised by Forestry Commission by sale or lease of assets but the funding of Forestry Commission Scotland is approved annually by the Scottish Parliament and takes into account any income raised from such sa…

5 Dec 2008 · Written Question

To ask the Scottish Executive whether, within its powers, it can bind future Scottish Governments as to the treatment and use of funds raised through the sale or lease of land owned by Forestry Commission Scotland.

Answer · Michael Russell: It is for the Scottish Parliament to determine the use of funds available to the Scottish Executive, whether from sale or lease of Forestry Commission Scotland land or any other source.

5 Dec 2008 · Written Question

To ask the Scottish Executive whether its policy is that the proceeds of the sale of land or its leasing by Forestry Commission Scotland form part of the forward financial planning of the Scottish Government during each spending review period and impacts on the net contribution of funds from it to Forestry Commission …

Answer · Michael Russell: Yes. Forward financial plans include any proceeds from sale or lease of land. The funding of Forestry Commission Scotland is then approved annually by the Parliament.

5 Dec 2008 · Written Question

To ask the Scottish Executive whether the use of funds raised by Forestry Commission Scotland from the sale or lease of land has to be agreed by Scottish ministers.

Answer · Michael Russell: The funding of Forestry Commission Scotland is approved annually by the Scottish Parliament for the annual Budget Bill. The Bill takes into account any income raised from sale or lease of land and provides the statutory authority for spending of any sums rais…

5 Dec 2008 · Written Question

To ask the Scottish Executive whether the use of funds raised by Forestry Commission Scotland from the sale or lease of land is regulated.

Answer · Michael Russell: The use of funds raised by Forestry Commission Scotland from the sale of land is determined by Scottish ministers as part of the Spending Review. If powers under the Climate Change Bill were obtained and used to lease land, then the use of funds would…

5 Dec 2008 · Written Question

To ask the Scottish Executive whether Forestry Commission Scotland has powers to offer grant assistance to voluntary organisations.

Answer · Michael Russell: Yes. For example, grants are paid to Community Woodland Association.

5 Dec 2008 · Written Question

To ask the Scottish Executive whether Scottish ministers have powers to transfer assets owned by the Forestry Commission Scotland to others.

Answer · Michael Russell: Under the Forestry Act 1967 (as amended), Scottish ministers may dispose for any purpose of land acquired by them under that Act. Such transactions are also subject to the rules of financial propriety set out in the Scottish Public Finance Manual.