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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: S5W-36095

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Thursday, 11 March 2021
Current Status: Answered by Ben Macpherson on 23 March 2021

To ask the Scottish Government, further to the answer to question S5W-35390 by Ben Macpherson on 11 March 2021, whether Marine Scotland’s decision to make public EPS licence applications by fish farms after a determination has been made is compliant with (a) Marine Scotland’s duties under Articles 7 and 6 of the Aarhus Convention principles of public participation and (b) the requirement of the Nolan principles of public life that “information should not be withheld from the public unless there are clear and lawful reasons for so doing”.

The Scottish Government considers that making EPS licence applications by fish farms available publicly after a determination has been made is compliant with the Aarhus Convention. The Convention does not impose an obligation to involve the public in all decisions concerning activities which have the potential to harm the environment. Rather, the Convention applies in specific circumstances, to specific categories of activities.

Our decision to publish EPS licence applications has been made to promote openness and transparency in line with the Nolan Principles of Public Life.

Question reference: S5W-35899

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Wednesday, 10 March 2021
Current Status: Answered by Roseanna Cunningham on 23 March 2021

To ask the Scottish Government how much (a) it and (b) NatureScot has spent on legal costs since 2016 to defend the right to kill beavers.

The Scottish Government and NatureScot have not incurred any legal costs since 2016 defending ‘the right to kill beavers’.

Since 1 May 2019, beavers have had European Protected Species status and, as such, there is no right to kill beavers in Scotland. The Conservation (Natural Habitats, &c.) Regulations 1994 set out the circumstances in which licences may be granted to allow management of beavers, including lethal control for specified purposes. NatureScot is the licensing authority for the management of beavers in Scotland and may issue licences for the purposes set out in the 1994 regulations.

Question reference: S5W-36094

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Thursday, 11 March 2021
Current Status: Answered by Ben Macpherson on 23 March 2021

To ask the Scottish Government what the sound pressure level in decibels was at which Kok et al (2017) recorded avoidance by harbour porpoises; what the sound pressure level was at which Brandt et al (2012) recorded a 96% reduction in porpoise clicks at a station 7kms away from a single Lofitec acoustic deterrent device, and what sound pressure level in decibels Marine Scotland has determined as the threshold for disturbance for small cetaceans.

The papers cited in this question are both available in the public domain. The type of Acoustic Deterrent Device used in the Brandt et al. (2012) study (Lofitech) is only used in Scottish waters as a mitigation to move marine mammals out of areas where they may be injured by construction or blasting noise. It is not in use at Scottish fish farms (Scottish Government 2021).

The threshold applied by the Government of 120 dB re 1 µPa (rms) for the onset of potential disturbance from non-impulsive sounds is based upon guidance from the US National Oceanic and Atmospheric Administration ( ESA Section 7 Consultation Tools for Marine Mammals on the West Coast | NOAA Fisheries ).

Question reference: S5T-02719

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Monday, 22 March 2021
Current Status: Taken in the Chamber on 23 March 2021

To ask the Scottish Government how the regulation of Mossmorran ethylene plant will change following the independent review.

Question reference: S5W-35878

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Tuesday, 09 March 2021
Current Status: Answered by Ben Macpherson on 22 March 2021

To ask the Scottish Government what measures are in place to ensure that the large numbers of non-native gamebirds released into the countryside do not act as vectors of Avian Influenza.

There is no evidence that released gamebirds have been linked to onwards transmission of Avian Influenza. Gamebirds are considered captive birds until they are released and are subject to the restrictions set out in the Avian Influenza Prevention Zone (AIPZ). The new housing measures, which came into force on 14 December, remain in place and mean that it is a legal requirement for all bird keepers to keep their birds indoors and to follow strict biosecurity measures in order to limit the spread of and eradicate the disease.

Once game birds have been released they are classified as wild birds. Surveillance of dead wild birds in undertaken across GB. If you find a single dead bird of prey, gull or wildfowl species (particularly wild geese, wild ducks, swans), or find five or more birds of any other species in the same location and at the same time, then you should report these incidents to GB Dead Wild Bird Helpline.

Question reference: S5W-35877

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Wednesday, 10 March 2021
Current Status: Answered by Ben Macpherson on 22 March 2021

To ask the Scottish Government what steps it is taking to ensure that pheasants and other gamebirds due to be released in autumn 2021 are registered with the Animal and Plant Health Agency Poultry Register, and to improve avian influenza health checks of gamebirds in place prior to their release.

There is no evidence that released gamebirds have been linked to onwards transmission of Avian Influenza. There is a legal requirement for all bird keepers with 50 or more birds to register their premises on the Great Britain Poultry Register. The voluntary registration of premises with fewer than 50 birds is highly encouraged. This includes captive game birds. Game birds are considered captive until the point of release where they become wild birds.

The Animal and Plant Health Agency carries out active surveillance through the national survey for avian influenza of subtypes H5 and H7 in domestic poultry (including game birds and poultry kept as pets). Samples are taken from a random selection of premises and are subject to serological testing for AI antibodies. Any positive results trigger further enquiries at the premises in question and further laboratory testing.

Furthermore, the Scottish Government has worked together with other UK administrations and the gamebird sector to create the Code of Practice for the Welfare of Gamebirds Reared for Sporting Purposes . The code of practice provides information on good biosecurity, husbandry and inspection measures to prevent disease.

Question reference: S5W-35879

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Tuesday, 09 March 2021
Current Status: Answered by Ben Macpherson on 22 March 2021

To ask the Scottish Government what research has been carried out into the role of released non-native gamebirds in the spread of Avian Influenza.

The Scottish Government has not commissioned any research on the role of released gamebirds in the spread of Avian Influenza because there is no scientific evidence to suggest that any links exist.

In addition to the active surveillance through the national survey for avian influenza in domestic poultry, including game birds kept in captivity and surveillance of dead wild birds undertaken across GB, a thorough epidemiological assessment is completed after each outbreak of Avian Influenza, these include ornithological assessments. No evidence has been found of released game birds having a role on the spread of Avian Influenza.

Evidence to date shows that Avian Influenza is mostly spread in the wild by migratory bird species such as geese, swans, ducks and other species in close contact with them including birds of prey and other waterfowl that share similar habitats.

Question reference: S5W-35910

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Wednesday, 10 March 2021
Current Status: Answered by Roseanna Cunningham on 19 March 2021

To ask the Scottish Government how many spot-checks of licensees for the lethal control of beavers were carried out in the calendar year, 2020, also broken down by how many (a) discrepancies were identified and (b) licences were revoked.

COVID restrictions have limited some of NatureScot’s operational activities, including the ability to undertake site visits throughout 2020.

NatureScot has not carried out spot-checks on beaver licence compliance in 2020, but maintains contact with those in receipt of licences.

NatureScot is currently considering how routine site visits could be carried out in the future.

Compliance checks are made as part of checking licence returns.

(a) Discrepancies were identified in 3 licence returns from 2019 and have been followed up.

(b) 1 licence was revoked pending a site visit

Three licence holders failed to submit returns in 2020 and are currently being dealt with by NatureScot in accordance with the compliance process.

Question reference: S5W-35912

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Wednesday, 10 March 2021
Current Status: Answered by Roseanna Cunningham on 19 March 2021

To ask the Scottish Government what monitoring of beaver control is in place, and how many beavers are known to have been killed in the calendar year 2020.

Question reference: S5W-35902

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Wednesday, 10 March 2021
Current Status: Answered by Roseanna Cunningham on 19 March 2021

To ask the Scottish Government how many flood mitigation trials deploying translocated beavers were established in the calendar year 2020.