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The Food Standards Agency has advised me that the EU ASP Working Group requested further information on the variation of toxin levels in individual parts of the scallop. A second, more detailed scientific report addressing this issue has been prepared and will be scrutinised by the working group in early April. The reports were prepared for the EU Working Group and they will decide on the circulation.Additionally work is being progressed by the Agency to ensure a rigorous enforcement regime, and an adequate monitoring programme can be developed which will guarantee consumer safety should a tiered approach be acceptable in scientific terms.

An Agriculture Council was scheduled for that week and it was thought that Mr Finnie would attend. The meeting was cancelled but because of an administrative oversight the information which had been entered on the department's database was not amended. Steps have now been taken to prevent similar errors occuring in the future. Information on ministerial attendance at EU meetings provided to the Parliament's Reference Centre has been amended.

No payments can be made to members of the Scottish Transport Group pension schemes before the Scottish Transport Group is wound up.

We are in regular contact with the UK Government on a range of issues.

The current statutory notification period is determined in the Environmental Protection Act 1990. The Scottish Executive is aware however of the limited opportunity which this allows for public consideration and comment. Accordingly, assurances have been sought and gained from the biotechnology companies which will provide a longer notification period for this spring's farm evaluations. The exact period of notification has not yet been determined.

Following my announcement on 13 December, the Executive wrote to all Education Authorities, Further Education colleges and heads of other centres on 18 December inviting them to submit requests for review by 10 January. By 19 January, the Appeals Review team had received 3,974 returns.In order to ensure that no appeals were excluded solely because of their late submission, the Appeals Review team accepted requests for review as late as 29 January when subject teams began their work. In a few very exceptional cases, requests have been accepted beyond this date. However, at this stage in the process it is no longer possible for the team to accept more new cases.As at 21 February, 4,216 cases were included in the appeals review process, and a breakdown of these cases by Education Authority is shown in the table.

Appeals Review 2000Numbers of cases by education authority

ABERDEEN CITY	86
ABERDEENSHIRE	210
ANGUS	100
ARGYLL & BUTE	81
CLACKMANNAN	14
DUMFRIES & GALLOWAY	238
DUNDEE CITY	94
EAST AYRSHIRE	136
EAST DUNBARTONSHIRE	117
EAST LOTHIAN	67
EAST RENFREWSHIRE	100
CITY OF EDINBURGH	276
EILEAN SIAR	47
FALKIRK	77
FIFE	271
GLASGOW CITY	253
HIGHLAND	139
INVERCLYDE	69
MIDLOTHIAN	68
MORAY	67
NORTH AYRSHIRE	96
NORTH LANARKSHIRE	184
ORKNEY ISLANDS	19
PERTH & KINROSS	66
RENFREWSHIRE	137
SCOTTISH BORDERS	163
SHETLAND ISLANDS	3
SOUTH AYRSHIRE	106
SOUTH LANARKSHIRE	147
STIRLING	72
WEST DUNBARTON	43
WEST LOTHIAN	92
TOTAL	3,638
FE COLLEGES	71
INDEPENDENT SCHOOLS	507
TOTAL CASES	4,216

The Scottish Executive is required to operate within European and UK Legislation on the deliberate release of genetically modified crops. Under Directive 90/220/EEC consent can only be refused where scientific evidence is available to suggest that the release would cause harm to human health or the environment. The legislation does not permit an application to be rejected solely in response to local opposition. A decision on that basis would be illegal.

The initial identification of individual sites to participate in these trials takes place independently of government and is the responsibility of the Supply Chain Initiative on Modified Agricultural Crops, a body representing the interests of the industry including the National Farmers Union within its membership. The proposed sites must meet the criteria set out by the impartial Scientific Steering Committee which oversees the UK farm-scale evaluation programme. They are selected to represent a variety of conditions, such as climate, ecology and soil type as well as farm type and are intended to provide a representative sample of UK agriculture.The Scientific Steering Committee members are:Chairman:Professor Christopher Pollock, Research Director of the Institute of Environmental and Grassland Research.Members:Dr Nicholas Aebisher, Deputy Director of Research for the Game Conservancy TrustDr Alastair Burn, English Nature;Professor Mick Crawley, Imperial College;Dr David Gibbons, Head of Conservation Science, Royal Society for the Protection of Birds;Mr Jim Orson, Director Morley Research Centre;Dr Nick Sotherton, Director of Research for the Game Conservancy Trust;The Scottish Executive is represented on this committee by officials from the Rural Affairs Department who attend meetings and act as assessors.

The Regulations governing the Integrated Administration and Control System (IACS) are extremely tight and leave little room for discretion when applying penalties. There are, however, certain circumstances under which "obvious" errors can be accepted, and Area Aid Applications can be amended after the submission date of 15 May. Officials have been pressing the EU on the extension of the obvious error concept, and also on the proportionality of sanctions. My department, along with other UK Departments and other member states, are now providing ideas for consideration by a Commission Working Group established to look at simplification of the Common Agricultural Policy.

Recommendation 13 of the Red Tape Review is currently in progress, with two of the specific aspects of this recommendation already completed. Those which remain, specifically regarding oilseeds Regulations and proportionality of penalties, require longer-term action and European Union co-ordination. My department has been pressing the EU on these issues since the publication of the Red Tape Report, and I am pleased to inform that a Commission Working Group has now been established to look at simplification of the Common Agricultural Policy. The UK, along with other member states, are now providing ideas to this group for consideration, and these suggestions will include the complexity of oilseed Regulations and the proportionality of penalties.