Parliamentary questions

John Park

411 questions tabled in the Scottish Parliament, most recent first.

5 Nov 2012 · General Question

To ask the Scottish Government what assistance is available for people with additional accessibility requirements seeking to undertake training or a modern apprenticeship.

22 Oct 2012 · Written Question

To ask the Scottish Government what guidance it issues to proposers of marine environment projects that require environmental impact assessment and multiple consents.

Answer · Keith Brown: We have no formal guidance covering multiple consents. However, developers are encouraged to approach all relevant consenting bodies at an early stage, including local planning authorities, to discuss their proposals. This can include issues around timing o…

22 Oct 2012 · Written Question

To ask the Scottish Government, further to the answer to question S4W-08450 by Derek Mackay on 25 July 2012, who determines whether a proposal requiring consent from more than one body meets the conditions set out in the National Planning Framework for Scotland 2.

Answer · Derek Mackay: It will be for the individual consenting bodies to determine whether the aspects of development they are responsible for consenting fall within national developments described in the second National Planning Framework for Scotland.

22 Oct 2012 · Written Question

To ask the Scottish Government, further to the answer to question S4W-08450 by Derek Mackay on 25 July 2012, whether it considers that the Rosyth International Container Terminal meets all of the requirements of national project 6 of the National Planning Framework for Scotland 2.

Answer · Derek Mackay: A Harbour Revision Order for port development at Rosyth is currently subject to Public Local Inquiry. The relationship of Babcock’s proposal with relevant policy is one of the matters which will be addressed in the inquiry report.

22 Oct 2012 · Written Question

To ask the Scottish Government, further to the answer to question S4W-08452 by Keith Brown on 23 July 2012, what power it has to amend the Harbours Act 1964.

Answer · Keith Brown: Since the 1964 Act is UK primary legislation, the Scottish Government does not generally have any power to amend it. However, as Ports policy is largely devolved it follows that it would generally be within the competence of the Scottish Parliament to amend t…

22 Oct 2012 · Written Question

To ask the Scottish Government, further to the answer to question S4W-08455 by Richard Lochhead on 1 August 2012, whether a harbour authority applying for a licence under the Marine (Scotland) Act 2010 to authorise specific dredging activities must have the power to dredge under the Harbours Act 1964.

Answer · Keith Brown: It is the responsibility of the harbour authority to ensure that all relevant permissions are in place before any dredging activities are undertaken. There is no requirement that a marine licence for dredging activities can only be granted to a harbour author…

22 Oct 2012 · Written Question

To ask the Scottish Government, further to the answer to question S4W-08458 by Stewart Stevenson on 16 July 2012, what discussions it has had with the UK Government regarding its guidance on (a) regulation 65(3) of the Conservation of Habitats and Species Regulations 2010 (Habitats Regulations) and (b) regulation 29(3…

Answer · Paul Wheelhouse: No discussion has taken place with the UK government regarding its guidance on (a) regulation 65(3) of the Conservation of Habitats and Species Regulations 2010 (Habitats Regulations) and (b) regulation 29(3) of the Offshore Marine Conservation (Natural Habit…

22 Oct 2012 · Written Question

To ask the Scottish Government, further to the answer to question S4W-08459 by Stewart Stevenson on 16 July 2012, how its directorates coordinate their assessments when a number of them have to provide consent and what role ministers have in overseeing this process.

Answer · Keith Brown: Where a project requires consent under different regulatory regimes officials work closely together to seek to avoid duplication. Co-ordination is undertaken by directorates to ensure that consistent advice is given prior to any decisions being taken. Howeve…

14 Sep 2012 · Written Question

To ask the Scottish Government whether it has discussed using the so-called Swedish derogation with its recruitment agencies for temporary and agency workers.

Answer · John Swinney: I refer the member to the answer to question S4W-09650 on 9 October 2012. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/…

14 Sep 2012 · Written Question

To ask the Scottish Government whether it has used the so-called Swedish derogation as an opt-out clause for its temporary and agency workers under the Agency Workers Regulations 2010.

Answer · John Swinney: I refer the member to the answer to question S4W-09650 on 9 October 2012. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/…

14 Sep 2012 · Written Question

To ask the Scottish Government what impact the Agency Workers Regulations 2010 has had on its (a) recruitment and (b) retention of temporary and agency workers.

Answer · John Swinney: The contracts for agency staff are managed centrally within the Scottish Government and there have been no issues reported by either recruiting managers or the employment agencies regarding the recruitment or retention of workers since the introduction of the…

14 Sep 2012 · Written Question

To ask the Scottish Government whether it has considered implementing parity of terms and conditions for its temporary and agency staff from the outset of their employment, in light of the changes to temporary workers' rights after 12 weeks under the Agency Workers Regulations 2010.

Answer · John Swinney: Temporary staff are employees of the Scottish Government and therefore do not fall within the scope of the Agency Worker Regulations (2010). These temporary workers are paid according to the pay band and grade of the post to which they are recruited. In prep…

14 Sep 2012 · Written Question

To ask the Scottish Government how many of its temporary and agency staff worked on so-called zero-hours contracts in (a) 2007-08, (b) 2008-09, (c) 2009-10, (d) 2010-11 and (e) 2011-12.

Answer · John Swinney: The Scottish Government does not employ temporary staff on zero hours contracts. Agency workers are not employed by the Scottish Government. They are hired through a procurement contract for a fixed period with agreed start and end dates to undertake time …

14 Sep 2012 · Written Question

To ask the Scottish Government how many of its temporary and agency staff worked on rolling contracts in (a) 2007-08, (b) 2008-09, (c) 2009-10, (d) 2010-11 and (e) 2011-12.

Answer · John Swinney: The Scottish Government does not use rolling contracts. Temporary staff are employed on a fixed term contract basis with agreed start and end dates. Agency workers are not employed by the Scottish Government but are hired through a procurement contract fo…

14 Sep 2012 · Written Question

To ask the Scottish Government how many temporary and agency staff were taken on for periods of (a) up to a week, (b) between one and four weeks, (b) between four and eight weeks, (c) between eight and 12 weeks, (d) between 12 weeks and six months, (e) between six and 12 months, (f) over a year, (g) over two years in …

Answer · John Swinney: The following table shows the lengths of service for temporary staff employed directly by the Scottish Government in core directorates over each of the last five years. Temporary employees are those engaged on fixed-term contracts through not fair and open co…

14 Sep 2012 · Written Question

To ask the Scottish Government what requirements regarding terms and conditions it places on employment agencies that provide it with staff.

Answer · John Swinney: The Scottish Government does not impose specific requirements regarding the terms and conditions of individual agency workers. However, all suppliers on our framework agreements have confirmed their compliance with statutory obligations.

14 Sep 2012 · Written Question

To ask the Scottish Government whether it will increase the earnings of temporary and agency staff in its employment who receive less than the living wage.

Answer · John Swinney: All Scottish Government temporary staff and agency workers are paid at least the Scottish Living Wage in line with Public Sector Pay Policy.

14 Sep 2012 · Written Question

To ask the Scottish Government how many temporary and agency staff it employed in (a) 2007-08, (b) 2008-09, (c) 2009-10, (d) 2010-11 and (e) 2011-12.

Answer · John Swinney: I refer the member to the answer to question S4W-09647 on 9 October 2012. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/…

14 Sep 2012 · Written Question

To ask the Scottish Government how many permanent staff it employed in (a) 2007-08, (b) 2008-09, (c) 2009-10, (d) 2010-11 and (e) 2011-12.

Answer · John Swinney: The following table shows the number of staff in different categories working in Scottish Government Core Directorates at the snapshot date of 31 March for each of the last five years.   2007-08 2008-09 2009-10 2010-11 2011-12 Permanent employees 4,46…

10 Sep 2012 · Portfolio Question

To ask the Scottish Government what recent engagement it has had with key organisations in the agricultural sector.

5 Sep 2012 · Written Question

To ask the Scottish Government how many people are being treated for inflammatory bowel disease and, in light of the recommendations of the Inflammatory Bowel Disease Standards Group, whether it will establish a register of these patients.

Answer · Alex Neil: Although the information requested is not centrally available the National Association for Colitis and Crohn's Disease (NACC) estimates that IBD affects about 250,000 people in the UK. Scotland is thought to have a higher incidence than the rest of the UK, po…

3 Sep 2012 · Portfolio Question

To ask the Scottish Government whether it includes the rates of pay of temporary and agency staff when considering public sector pay levels.

28 Jun 2012 · Written Question

To ask the Scottish Executive whether the need for developments listed as national developments in the National Planning Framework for Scotland 2 can be considered established when the development would be authorised by legislation other than the Town and Country Planning Act (Scotland) 1997, as amended, and what the …

Answer · Derek Mackay: I refer the member to the answer to question S4W-04949 on 24 January 2012. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at: http://www.scottish.parliament.uk/Apps2/Busines…

28 Jun 2012 · Written Question

To ask the Scottish Executive in what circumstances it may be appropriate for a competent authority to assess the implications for European wildlife sites of those parts of a plan or project for which consent is partly or wholly required to be made by another competent authority.

Answer · Stewart Stevenson: This is for competent authorities to decide on a case by case basis. Regulation 52 of the Conservation (Natural Habitats &c.) Regulations 1994 (as amended) provides for co-ordination where more than one competent authority is involved.

28 Jun 2012 · Written Question

To ask the Scottish Executive what guidance it has issued under regulation 52(3) of the Conservation (Natural Habitats &c.) Regulations 1994.

Answer · Stewart Stevenson: No guidance has been issued under regulation 52(3) of the Conservation (Natural Habitats &c.) Regulations 1994.

28 Jun 2012 · Written Question

To ask the Scottish Executive in what circumstances it would not be legally competent for it to make an order under sections 14 or 16 of the Harbours Act 1964.

Answer · Keith Brown: In deciding whether or not to make a Harbour Revision or Empowerment Order, ministers are required to act within the terms of the Harbours Act 1964 and any other relevant legislation.

28 Jun 2012 · Written Question

To ask the Scottish Executive what communication it has had with competent authorities in other parts of the UK regarding ensuring that consents made under the Harbours Act 1964 comply with the requirements of Article 6 of the EU habitats directive.

Answer · Keith Brown: We have had no specific discussions on this matter.

28 Jun 2012 · Written Question

To ask the Scottish Executive what weight Marine Scotland attaches to existing consents under other regimes when determining licence applications under the Marine (Scotland) Act 2010.

Answer · Richard Lochhead: Section 27(1) of the Marine (Scotland) Act 2010 sets out the matters to be taken into consideration by Scottish Ministers in determining applications for a marine licence: 27. Determination of applications (1) In determining an application for a marine lice…

28 Jun 2012 · Written Question

To ask the Scottish Executive how the principles of Scottish Planning Policy and national planning guidance are intended to apply to the determination of development consents that are not enabled by the Town and Country Planning (Scotland) Act 1997, as amended, but for which responsibility is devolved.

Answer · Derek Mackay: Scottish Planning Policy and other national planning policy and guidance may be material considerations for devolved decision-making on development proposals that do not fall within the planning acts.

28 Jun 2012 · Written Question

To ask the Scottish Executive what information is required for a competent authority to determine whether a plan or project will have a likely significant effect on a European wildlife site for the purpose of regulation 48(1) of the Conservation (Natural Habitats &c.) Regulations 1994.

Answer · Stewart Stevenson: According to established case law of the Court of Justice of the European Union, a determination that a plan or project is not likely to have a significant effect on a European site must be made on the basis of objective information. The information required …