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Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S3W-10947

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive whether the actions of Scottish Ministers in respect of the advice of the Scottish Environment Protection Agency (SEPA) to the Cairngorms National Park Authority in the planning application for the Aviemore resort hotels master plan and related planning applications comply with ministers’ responsibilities and accountabilities, as set out in the SEPA Management Statement drawn up by the Scottish Executive Environment and Rural Affairs Department, with particular regard to ministers’ powers to call-in applications and determine appeals in relation to SEPA’s statutory functions and, if so, in what way.

Question reference: S3W-10948

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive whether it will make a statement to the Parliament on how the actions of Scottish Ministers in respect of the advice of the Scottish Environment Protection Agency (SEPA) to the Cairngorms National Park Authority in the planning application for the Aviemore resort hotels master plan and related planning applications comply with ministers’ responsibilities and accountabilities, as set out in the SEPA Management Statement drawn up by the Scottish Executive Environment and Rural Affairs Department, with particular regard to ministers’ powers to call-in applications and determine appeals in relation to SEPA’s statutory functions.

Question reference: S3W-10980

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive what specific statutory duties ministers have in relation to the functions of the Scottish Environment Protection Agency (SEPA) under the relevant Acts which govern SEPA.

Question reference: S3W-10961

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive whether correspondence from Mr Donald Macdonald’s company and enclosures of further correspondence between Mr Macdonald’s company and the planning authorities, the Cairngorms National Park Authority and Highland Council in relation to the Aviemore resort hotels planning application, which was received by email from the First Minister’s constituency office manager on 9 and 13 November 2007, were produced in hard copy and given to either the First Minister or his advisers.

Question reference: S3W-10992

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Stewart Stevenson on 4 April 2008

To ask the Scottish Executive whether the reporter’s advice to ministers on Aberdeen City Council’s public local inquiry in May 2006 and Moray Council’s public local inquiry in November 2007 took full account of regulations and guidance issued by Scottish Ministers on promoting sustainable flood management.

Unlike structure plans which are approved by Scottish ministers, responsibility for the preparation and adoption of local plans lies with the planning authority for the relevant area. The planning authority has to comply with statutory requirements, including ensuring that the plan conforms with the approved structure plan. The planning authority is also responsible for considering any objections to the plan, if necessary by appointing a reporter and holding a local plan inquiry, considering the reporter's recommendations to them, incorporating any modifications it considers appropriate, and adopting the plan so that it is brought into force. It is for the planning authority to decide whether to accept or reject the recommendations made by the reporter. Scottish ministers can be expected to become involved only in exceptional circumstances. This could lead to modification or call-in of the local plan for Scottish ministers' own decision.

In respect of the Moray Council Local Plan the appointed reporter is currently working on his finalised report which is likely to be submitted to the council in summer 2008. I can however say that issues were raised by some local plan objectors regarding flood risk matters, including reference to current national planning policy and guidance on flooding and its relevance to development plan policies for flood risk areas. The council has proposed changes to the finalised plan in response to selected concerns raised by objectors. Accordingly, these and related sustainability issues did feature in both the informal hearings and formal sessions of this local plan inquiry and so will be reported by the reporter in due course as part of his overall report, conclusions and recommendations to the council.

With regard to the Aberdeen City Local Plan, objections relating to flooding were made. The topic Planning and Flooding may be found on pages 43 to 51 of chapter 16 of the report into objections to the plan. Coastal flooding also arose in a site-specific instance in regard to land at Seaton. From the report, it will be seen that references are made to Scottish Planning Policy 7: Planning and Flooding, to Planning Advice Note 61: Planning and Sustainable Urban Drainage Systems and to Planning Advice Note 69: Planning and Building Standards Advice on Flooding. The inquiry was aware that the Scottish Environment Protection Agency had prepared new flood maps (referred to at the inquiry as second generation flood maps). At the time of the inquiry, these maps had not been published and were thus not submitted to the inquiry. The recommendations made by the reporters, to the planning authority, did take full account of national guidance.

Question reference: S3W-10631

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Monday, 03 March 2008
Current Status: Answered by Michael Russell on 19 March 2008

To ask the Scottish Executive whether it is standard procedure for a minister to call the chief executive of a non-departmental public body, such as the Scottish Environment Protection Agency, to check that there are no misunderstandings with matters of process.

It is within the scope of ministers'' duties to contact any non-departmental public body for which they are responsible, in appropriate circumstances and within the scope of the relevant legislation, to ensure there are no matters of process or procedure that might be preventing or impeding the efficient running of that organisation. This is entirely consistent with the long established framework of governance and accountability to which non-departmental bodies operate and the desire of this administration to provide a better service to the people of Scotland.

Question reference: S3W-10633

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Monday, 03 March 2008
Current Status: Answered by Michael Russell on 19 March 2008

To ask the Scottish Executive whether it is standard procedure not to take minutes of conversations between the Minister for Environment and the Scottish Environment Protection Agency in relation to any planning application.

Question reference: S3W-10632

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Monday, 03 March 2008
Current Status: Answered by Michael Russell on 19 March 2008

To ask the Scottish Executive under what legislation a minister can seek to instruct a non-departmental public body on the basis of a telephone call in which the minister has neither sought nor received formal advice prior to making the call, showing the relevant section of such legislation.

Question reference: S3W-10032

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Wednesday, 20 February 2008
Current Status: Answered by John Swinney on 18 March 2008

To ask the Scottish Executive whether it will detail each occasion on which the Minister for Community Safety made use of the Government Car Service during (a) October, (b) November and (c) December 2007.

The information requested is detailed below.

Date	Collection Point	Destination
2 October 2007	Personal Address	149-151 Dunkeld Road
	149-151 Dunkeld Road	SAH
3 October 2007	SAH	Parliament
	Personal Address	Royal Britannia
	Royal Britannia	Personal Address
4 October 2007	Personal Address	Personal Address
8 October 2007	Personal Address	Hilton Hotel
	Hilton Hotel	Personal Address
17 October 2007	Personal Address	Fort William Station
	Fort William Station	Personal Address
23 October 2007	Personal Address	Signpost Forth Valley / Unit 2
	Signpost Forth Valley / Unit 2	SAH
	Personal Address	Bute House
	Bute House	Personal Address
24 October 2007	Personal Address	Business Crime Centre
	Business Crime Centre	Parliament
25 October 2007	Personal Address	8 West Pilton Gardens
	8 West Pilton Gardens	Personal Address
8 November 2007	Personal Address	Sheraton Grand Htl
	Sheraton Grand Htl	Parliament
12 November 2007	PERSONAL ADDRESS	Ballantyne House
	BALLANTYNE HOUSE	Personal Address
	PERSONAL ADDRESS	Personal Address
13 November 2007	Personal Address	Crieff Hydro
	Crieff Hydro	Saltcoats Police Station
	Saltcoats Police Station	Ardrossan Academy
	Ardrossan Academy	Ardrossan Fire Station
	Ardrossan Fire Station	Michael Lynch Centre
	Michael Lynch Centre	Braidwoods Restaurant
	Braidwoods Restaurant	1A Bridgend / Kilbirnie
	Radio City	Personal Address
14 November 2007	Personal Address	Dunblane Hydro
	Dunblane Hydro	Jurys Inn
	Jurys Inn	Parliament
15 November 2007	Personal Address	Personal Address
17 November 2007	Personal Address	Personal Address
18 November 2007	Personal Address	BBC Pacific Quay
	BBC Pacific Quay	Personal Address
19 November 2007	Personal Address	Polmont YOI
	Polmont YOI	Personal Address
	Personal Address	Glasgow City Chambers
	Glasgow City Chambers	Personal Address
20 November 2007	Personal Address	Ballikinrain School
	Ballikinrain School	Personal Address
26 November 2007	Personal Address	Parish Hall / 266 George St
	Parish Hall / 266 George St	Personal Address
27 November 2007	Personal Address	Personal Address
	Edinburgh Castle	Personal Address
28 November 2007	Personal Address	Barony Hall
	Barony Hall	Parliament
29 November 2007	Parliament	Scotsman Hotel
	Scotsman Hotel	Parliament
	Personal Address	Personal Address
30 November 2007	Personal Address	Aviemore Primary School
	Aviemore Primary School	Culloden Visitor Centre
	Culloden Visitor Centre	Highland Council
	Personal Address	Nairn Academy
	Nairn Academy	Personal Address
04 December 2007	Personal Address	Saughton Prison
	Saughton Prison	SACRO, 25 Nicholson SQ
	SACRO, 25 Nicholson SQ	29-31 Alva St
	29-31 Alva St	SAH
05 December 2007	SAH / CAR SHARE MW	Parliament
06 December 2007	Personal Address	Personal Address
10 December 2007	Personal Address	NCH / Station Square
	NCH / Station Square	Personal Address
11 December 2007	Personal Address	Beardmore Hotel
	Beardmore Hotel	Roseberry House
	Roseberry House	Thornton Fire Station
	Thornton Fire Station	SAH
	SAH	Bute House
	Bute House	Personal Address
12 December 2007	Parliament	28 Ferry Road
	28 Ferry Road	Parliament
13 December 2007	Personal Address	Personal Address
17 December 2007	Personal Address	NCH
	NCH	HM Prison Inverness (Jail)
	HM Prison Inverness (Jail)	Personal Address

Question reference: S3W-10668

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Tuesday, 04 March 2008
Current Status: Answered by Michael Russell on 17 March 2008

To ask the Scottish Executive whether a minister seeking to accelerate or facilitate a live planning application without a satisfactory flood risk assessment and without speaking to objectors to that application constitutes a breach of the paragraph 6.11 and 6.12 of the Scottish Ministerial Code.