Parliamentary questions
Robin Harper
759 questions tabled in the Scottish Parliament, most recent first.
18 Dec 2009 · Written Question
To ask the Scottish Executive how it will ensure that the impact on a developer of a decision under section 23(1) of the Marine (Scotland) Bill to suspend, revoke or vary a marine licence for a breach of the licence is proportionate to the breach.
Answer · Richard Lochhead: <strong>Any decision to suspend, revoke or vary a marine licence would not be taken lightly. Marine Scotland would have to have good reason to reach such a decision, and would have</strong><strong> </strong><strong>investigated the breach of the licence condi…
18 Dec 2009 · Written Question
To ask the Scottish Executive under what circumstances it considers that compensation of a licensee would be required in the event of the revocation, suspension or modification of a marine licence under section 23 of the Marine (Scotland) Bill in order for that provision to be compliant with the right to peaceful enjo…
Answer · Richard Lochhead: The Scottish Executive considers the terms of section 23 of the Marine (Scotland) Bill to be compatible with the European Convention on Human Rights. Section 23 makes no provision for compensation to be paid in the event of revocation, suspension or modificat…
18 Dec 2009 · Written Question
To ask the Scottish Executive what discussions it has had with the Sheriffs’ Association regarding licensing appeals under the Marine (Scotland) Bill.
Answer · Richard Lochhead: The Scottish Government has discussed the issue of Scottish Marine Bill marine licensing appeals with the Scottish Court Service, who provide input for the government on resourcing, including judicial resources, and on processing implications of legislation.<…
17 Dec 2009 · Written Question
To ask the Scottish Executive what plans it has to ensure that licences to shoot seals are granted only after all other non-lethal alternatives have been tried and exhausted; how this will be determined, and whether it will introduce a minimum standard for the use of non-lethal alternatives and prescribe best practice…
Answer · Richard Lochhead: I refer the member to the answer to question S3W-30205 on 15 January 2010. 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/Apps…
17 Dec 2009 · Written Question
To ask the Scottish Executive what plans it has to compel the operators of aquaculture and fisheries equipment to fit and use benign acoustic deterrent devices to discourage seals and other predators from approaching stock or equipment.
Answer · Richard Lochhead: The Scottish Government through the Marine (Scotland) Bill will introduce a completely new seal licence system for Scotland. This new system will include consideration of the use of existing non-lethal measures (i.e. anti-predator nets and acoustic deterrent …
17 Dec 2009 · Written Question
To ask the Scottish Executive what the reasons are for the delay in the testing or deployment of any newly developed species-specific acoustic deterrent devices that might reduce or eliminate perceived need to kill seals or other marine predators.
Answer · Richard Lochhead: I refer the member to the answer to question S3W-30203 on 25 January 2010. 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/Apps…
17 Dec 2009 · Written Question
To ask the Scottish Executive what progress has been made towards the development of species-specific acoustic deterrent devices; which species can be targeted by these devices; how effective they have been found to be, and when and where they have been tested or deployed.
Answer · Richard Lochhead: A Scottish Government sponsored research project has reviewed existing deterrents and developed a cetacean-friendly seal scarer using novel artificial sounds. This research showed, through captive experiments, that seals can be deterred by many sounds but tha…
17 Dec 2009 · Written Question
To ask the Scottish Executive what organisations, bodies and businesses it has worked in partnership with on the development of new acoustic deterrent devices and which of these are still engaged in related work.
Answer · Richard Lochhead: I refer the member to the answer to question S3W-30201 on 25 January 2010. 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/Apps…
17 Dec 2009 · Written Question
To ask the Scottish Executive what funding has been made available in each of the last 10 years towards the development of new acoustic deterrent devices and other benign technologies for discouraging seals and other marine predators from approaching aquaculture and fisheries equipment and to whom this funding was pro…
Answer · Richard Lochhead: The Scottish Government has provided £335,107 of research funding over the last 10 years towards development of new acoustic deterrent devices (ADDs) and other benign technologies for discouraging seals and other marine predators from approaching aquaculture …
9 Dec 2009 · Written Question
To ask the Scottish Executive how many (a) prosecutions, (b) convictions and (c) cautions there have been for offences against a person under 16 under (i) section 7, (ii) section 8, (iii) section 9 and (iv) section 10 of the Criminal Law (Consolidation) (Scotland) Act 1995 in each year since 2003.
Answer · Kenny MacAskill: Since 2003, one person has been prosecuted and convicted under section 7 of the Criminal Law Consolidation (Scotland) Act 1995 (in 2006-07), and one person found not guilty (in 2007-08). There have been no prosecutions under sections 8, 9 and 10 of the Act si…
9 Dec 2009 · Written Question
To ask the Scottish Executive what guidance and training exists for police forces, the Crown Office and Procurator Fiscal Service and the Scottish Court Service on the application of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005.
Answer · Kenny MacAskill: The Scottish Government published guidance on the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 in November 2006. The guidance is available on the Scottish Government website at <a href="http://www.scotland.gov.uk/Publications/2…
9 Dec 2009 · Written Question
To ask the Scottish Executive how many sexual offences prevention orders have been (a) applied for and (b) granted in each year since 2003, broken down by police force area.
Answer · Kenny MacAskill: The following table details the number of sexual offences prevention orders that have been applied for and granted in each year since 2003, broken down by police force area.</p> <table border=1 cellspacing=0 cellpadding=0 > <tr > <td nowrap valign=botto…
9 Dec 2009 · Written Question
To ask the Scottish Executive how many risk of sexual harm orders have been (a) applied for and (b) granted under the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 in each year since 2005, broken down by police force area.
Answer · Kenny MacAskill: The following table details the number of risk of sexual harm orders that have been applied for and granted under the Protection of Children and the Prevention of Sexual Offences (Scotland) Act 2005, in each year since 2005, broken down by police force area.<…
9 Dec 2009 · Written Question
To ask the Scottish Executive how many (a) prosecutions, (b) convictions and (c) cautions there have been for offences under the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 in each year since 2005.
Answer · Fergus Ewing: There was one person prosecuted in 2005-06, three in 2006-07 and one in 2007-08 under the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005. All resulted in a conviction except for the one in 2007-08. The crimes included grooming of…
9 Dec 2009 · Written Question
To ask the Scottish Executive how many (a) prosecutions, (b) convictions and (c) cautions there have been for an offence against a person under 16 under section 22 of the Criminal Justice (Scotland) Act 2003 in each year since 2003.
Answer · Fergus Ewing: There have been no convictions in Scottish courts under the Criminal Justice (Scotland) Act 2003 section 22 recorded on the Scottish Government''s Court Proceedings Database.</p> <p >Data supplied by the Crown Office and Procurator Fiscal Service identified …
3 Dec 2009 · General Question
To ask the Scottish Executive Scottish Executive what progress is being made on improving the sexual health of young people.
Answer · Shona Robison: Through targeted services, young people in Scotland now have increased access to contraception and testing for pregnancy and sexually transmitted infections. This increased access, linked to high quality sex and relationships education and information provide…
1 Dec 2009 · Written Question
To ask the Scottish Executive whether it proposes to implement further measures to improve the enforcement of wildlife and conservation law with the aim of ensuring that owners and managers of business and land holdings are held responsible for the actions of their staff in relation to offences.
Answer · Roseanna Cunningham: The Scottish Government has no plans to introduce criminal vicarious liability in connection with wildlife crime at present. The natural justice report into Scottish wildlife crime arrangements recommended that the issue of vicarious liability should be consi…
1 Dec 2009 · Written Question
To ask the Scottish Executive at what meeting and with whom licences to kill or control buzzards and other protected species were discussed, as reported in The Scotsman on 4 November 2009, and whether ministers were involved in such meetings.
Answer · Roseanna Cunningham: The meeting referred to in <i >The Scotsman</i> article took place on the 26 October 2009.</p> <p >The purpose of the meeting was to discuss the criteria for the issue of licences under the Wildlife and Countryside Act, for the purpose of protecting game-bi…
30 Nov 2009 · Written Question
To ask the Scottish Executive whether the Joint Nature Conservation Committee has proposed Palinurus for protection under the next review of the Wildlife and Countryside Act 1981.
Answer · Richard Lochhead: The Spiny Lobster, Palinurus elephas, is a species that is typically associated with rocky reefs. As part of the Fifth Quinquennial Review of the Wildlife and Countryside Act 1981, the Joint Nature Conservation Committee (JNCC) proposed<i > </i>Palinurus elap…
30 Nov 2009 · Written Question
To ask the Scottish Executive whether it considers Palinurus to be a typical species that inhabits reefs; if not, of what habitat it considers Palinurus to be a typical species, and what advice Scottish Natural Heritage has given on the subject.
Answer · Richard Lochhead: I refer the member to the answer to question S3W-29475 on 14 December 2009. 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/App…
30 Nov 2009 · Written Question
To ask the Scottish Executive whether it considers that the decision to lift the prohibition on the use of static nets in the International Council for the Exploration of the Seas area IVa amounts to reopening the static net fishery and, if so, whether a decision to reopen the fishery would constitute a plan or projec…
Answer · Richard Lochhead: I refer the member to the answer to question S3W-29452 on 14 December 2009. 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/App…
30 Nov 2009 · Written Question
To ask the Scottish Executive, in light of the judgment in the European Court of Justice Waddenzee case, whether the static net fishery in special areas of conservation is a plan or project within the meaning of Article 6 (3) of the EU habitats directive.
Answer · Richard Lochhead: The Scottish Government is of the view that static net fishing in a Special Area of Conservation is not a plan or project as referred to in Article 6(3) of the EC Habitats Directive.</p>
30 Nov 2009 · Written Question
To ask the Scottish Executive how many (a) porpoises, (b) seals and (c) seabirds are estimated to be killed in lost fishing nets each year.
Answer · Richard Lochhead: There is no specific data available on marine mammal and seabird mortality due to lost fishing nets. However, Sea Mammal Research Unit advice, based on information from research studies on the effects of lost fishing nets, suggests that few marine mammals and…
30 Nov 2009 · Written Question
To ask the Scottish Executive what information it has on how long it takes for static nets to degrade in the marine environment until they are no longer considered to be a danger to marine wildlife.
Answer · Richard Lochhead: We are aware that a number of European Institutes have carried out research into lost fishing gear, with the UK being involved in the studies.</p> <p >The effective fishing area of nets shows an early and rapid drop as the nets collapse but this is fishery- …
30 Nov 2009 · Written Question
To ask the Scottish Executive how many kilometres of static nets were lost or discarded at sea in each year since 1989.
Answer · Richard Lochhead: A preliminary analysis of data from the Sea Mammal Research Unit (SMRU) observer programme (2007) estimated that about 370 km of netting is lost by UK fisheries annually, based on observations of 16,536 fleets of nets hauled between 1996 and 2007.</p>
30 Nov 2009 · Written Question
To ask the Scottish Executive, if the ban on static nets were to be lifted, whether it would be considered reckless under the Conservation (Natural Habitats &c.) Amendment (Scotland) Regulations 2007 to set static nets in the International Council for the Exploration of the Seas area 1Va where porpoises were known to …
Answer · Richard Lochhead: I refer the member to the answer to question S3W-29452 on 14 December 2009. 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/App…
30 Nov 2009 · Written Question
To ask the Scottish Executive how much funding will be made available to monitor the effects of static nets in the International Council for the Exploration of the Seas area IVa if the ban on them is lifted.
Answer · Richard Lochhead: I refer the member to the answer to question S3W-29452 on 14 December 2009. 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/App…
30 Nov 2009 · Written Question
To ask the Scottish Executive how it will ensure that incidental capture and killing will not have a negative impact on the species listed in Annex IV(a) of the EU habitats directive if the ban on static nets in the International Council for the Exploration of the Seas area IVa is lifted.
Answer · Richard Lochhead: I refer the member to the answer to question S3W-29452 on 14 December 2009. 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/App…
30 Nov 2009 · Written Question
To ask the Scottish Executive what arrangements will be made for monitoring incidental capture and killing of animals listed in Annex IV(a) of the EU habitats directive if the ban on static nets in the International Council for the Exploration of the Seas area IVa is lifted.
Answer · Richard Lochhead: I refer the member to the answer to question S3W-29452 on 14 December 2009. 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/App…
30 Nov 2009 · Written Question
To ask the Scottish Executive whether the arrangements made for monitoring bycatch from 1984 to 2009 were adequate to meet the requirements of the EU habitats directive.
Answer · Richard Lochhead: I refer the member to the answer to question S3W-29456 on 9 December 2009. 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/Apps…