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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.

Find out more about parliamentary questions

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Question reference: S6W-30046

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Friday, 20 September 2024
Current Status: Answered by Gillian Martin on 30 September 2024

To ask the Scottish Government what role (a) SEPA, (b) local authorities and (c) other bodies have or might be given in setting or enforcing controls regarding the release of non-biodegradable materials, including electronic components, into the environment at events such as so-called lantern festivals.

The Environmental Protection Act 1990 (“the EPA’’) regulates waste management, including the handling and disposal of non-biodegradable waste. SEPA and local authorities both have statutory enforcement functions under the EPA. Any event that results in waste generation, such as lantern festivals, must ensure proper disposal of waste to avoid environmental harm.

In addition, under section 87 of the EPA it is an offence to throw down, drop or otherwise deposit, and then leave, litter in an area which is open to the air and to which the public has access. Local authorities have powers to issue fixed penalty notices if they have reason to believe a littering offence has been committed. Section 89 of the EPA places duties on certain organisations to keep land free from litter, as far as is practical. The 2018 Code of Practice on Litter and Refuse gives practical guidance on fulfilling these duties.

Many Local Authorities have put restrictions in place to prevent the release of sky lanterns and helium balloons on Council owned property and land and when an event is supported by the local authority.

The Duty of care: code of practice for managing controlled waste sets out duties of care for disposal of waste and specific information for waste producers. This includes complying with special requirements for the disposal of waste batteries and waste electrical and electronic equipment which are covered by producer take back schemes.

Question reference: S6W-30047

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Friday, 20 September 2024
Current Status: Answered by Gillian Martin on 30 September 2024

To ask the Scottish Government what environmental regulations control the release of non-biodegradable material, including electronic components, at events such as so-called lantern festivals.

There are no environmental regulations which specifically control the release of non-biodegradable material in sky lanterns. The Environmental Protection Act 1990 includes the offences of littering and offences relating to waste management, including the handling and disposal of non-biodegradable waste. Any event that results in waste generation, such as lantern festivals, must ensure proper disposal of waste to avoid environmental harm. These offences may be relevant where the release of lanterns was determined to have met the statutory definitions for those offences, which would be determinable on a case-by-case basis.

Organisers of public events, like lantern festivals, are required to ensure waste materials are collected and disposed of in a manner that minimises environmental impact. The Duty of care: code of practice for managing controlled waste provides statutory guidance on the duties that must be complied with by anyone who produces, keeps, imports or manages controlled waste in Scotland.

Organisers of events, including lantern festivals, must comply with the legislation, and will be subject to enforcement if offences are committed. Zero Waste Scotland’s guide “How to Plan and Deliver Environmentally Sustainable Events” provides guidance for event organisers and suppliers. This is available at https://www.visitscotland.org/events/advice-materials/sustainability#sustainable.

Question reference: S6O-03787

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Wednesday, 25 September 2024
Current Status: Taken in the Chamber on 2 October 2024

To ask the Scottish Government what action it is taking in response to reported concerns that the licensing scheme introduced by the Hunting with Dogs (Scotland) Act 2023 is acting as a loophole in the fox hunting ban.

Question reference: S6O-03773

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Wednesday, 18 September 2024
Current Status: Taken in the Chamber on 26 September 2024

To ask the Scottish Government what discussions the culture secretary has had with the Music Venues Trust regarding the introduction of a ticket levy, on a voluntary or statutory basis, for stadium and arena shows, to support grassroots culture venues.

Question reference: S6F-03322

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Monday, 09 September 2024
Current Status: Taken in the Chamber on 12 September 2024

Question to be taken in Chamber.

Question reference: S6O-03656

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Wednesday, 28 August 2024
Current Status: Taken in the Chamber on 4 September 2024

To ask the Scottish Government what action it has taken to implement the policy announced in March 2022 in regard to companies maintaining trade links with Russia following the invasion of Ukraine.

Question reference: S6W-28716

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Wednesday, 24 July 2024
Current Status: Answered by Gillian Martin on 13 August 2024

To ask the Scottish Government whether it will provide an update on when the final Energy Strategy and Just Transition Plan will be published.

Question reference: S6W-28756

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Thursday, 25 July 2024
Current Status: Answered by Jim Fairlie on 9 August 2024

To ask the Scottish Government how it enforces the current rules on the use of netting on buildings to prevent birds from nesting or roosting.

There is no legislation that specifically sets out rules on the use of netting on buildings to prevent birds from nesting or roosting. However, it is an offence to obstruct or prevent any bird from using its nest during the nesting season, under Section 1 of the Wildlife and Countryside (Scotland) Act 1981, and this would include the use of netting to prevent access to a nest.

Enforcement of the law in relation to wildlife crime is the responsibility of Police Scotland.

Question reference: S6W-28755

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Thursday, 25 July 2024
Current Status: Answered by Jim Fairlie on 9 August 2024

To ask the Scottish Government what its position is on whether the current rules on the use of netting on buildings to prevent birds from nesting or roosting are appropriate.

There is no legislation that specifically sets out rules on the use of netting on buildings to prevent birds from nesting or roosting. However, anyone obstructing or preventing any bird from using its nest during the nesting season through the installation of netting, would be committing an offence under Section 1 of the Wildlife and Countryside (Scotland) Act 1981.

Bird netting can be an effective and lawful measure when used correctly. Guidance is available on the RSPCA webpage , the NatureScot webpage , and the RSPB webpage on how and when to use bird netting.

Question reference: S6W-28754

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Thursday, 25 July 2024
Current Status: Answered by Jim Fairlie on 9 August 2024

To ask the Scottish Government whether it will review the current rules on the use of netting on buildings to prevent birds from nesting or roosting, with a view to requiring the use of alternative approaches and reducing harm to wild birds.