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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: S4W-22034

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Thursday, 03 July 2014
Current Status: Answered by Keith Brown on 28 July 2014

To ask the Scottish Government which harbour authorities have (a) adopted or (b) been consulted on ballast water management plans.

Question reference: S4W-22036

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Thursday, 03 July 2014
Current Status: Answered by Paul Wheelhouse on 16 July 2014

To ask the Scottish Government what the role is of (a) the Scottish Ministers, (b) Scottish Natural Heritage and (c) the Scottish Environment Protection Agency in the consenting process for oil transfer licences made under the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 as amended.

The consenting process for oil transfer licences made under the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 as amended is currently the responsibility of the UK Secretary of State for Transport. Scottish Ministers have repeatedly called for these powers to be devolved to Scotland.

Scottish Ministers have responsibilities for marine planning and marine nature conservation in Scotland including implementation of the EU Habitats Directive and all public bodies have responsibilities to comply with the EU Habitats Directive when considering licence applications and other approvals.

Scottish Natural Heritage is the statutory nature conservation body in Scotland and its responsibilities include advising ministers and public bodies of potential impacts on Special Areas of Conservation designated under the EU Habitats Directive. Scottish Natural Heritage is listed as one of the possible consultation bodies in the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010, as amended.

The Scottish Environment Protection Agency has a duty under the Water Framework Directive to protect the quality of water bodies and avoid any deterioration in status including that which may arise through the increased risk of introduction of invasive non-native species, as could arise from activities and ship-to-ship transfers. The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010, as amended, do not include any specific legal duties for the Scottish Environment Protection Agency in relation to the Secretary of State’s consideration of an application for an oil transfer licence but we understand the regulations include discretion, on the part of the UK Secretary of State, when considering an oil transfer licence, to seek the views of any other body that the Secretary of State considers to have an interest or to require a harbour authority to consult that body. Clearly, on behalf of Scottish Ministers, our regulatory agencies, would have an interest in such matters and are recognised as “consultation bodies”.

Question reference: S4W-22035

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Thursday, 03 July 2014
Current Status: Answered by Paul Wheelhouse on 16 July 2014

To ask the Scottish Government what advice it has received from (a) Scottish Natural Heritage and (b) the Scottish Environment Protection Agency regarding Orkney Islands Council's proposals for ballast water management in Scapa Flow.

Question reference: S4W-21881

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Monday, 23 June 2014
Current Status: Answered by Paul Wheelhouse on 16 July 2014

To ask the Scottish Government what advice the Minister for Environment and Climate Change has received from (a) the Scottish Environment Protection Agency and (b) Scottish Natural Heritage regarding Orkney Islands Council’s recently adopted changes to the management of ballast water in Scapa Flow.

The Scottish Government maintains contact with Scottish Natural Heritage (SNH) and the Scottish Environment Protection Agency (SEPA) on Orkney Islands Council’s revised Ballast Water Management Policy.

SEPA has a duty under the Water Framework Directive to protect the quality of water bodies and avoid any deterioration in status including that which may arise through the introduction of invasive non-native species. The Scottish Government is aware that SEPA continues to have concerns with respect to the Council’s Ballast Water Management Policy and that SEPA has advised Orkney Islands Council through the Strategic Environmental Assessment consultation process that, in SEPA’s judgement, the proposed policy change does not offer acceptable protection to Scapa Flow.

SNH have informed the Scottish Government that they continue to have concerns about the potential for impacts on the Loch of Stenness Special Area of Conservation arising from approval of the revised Ballast Water Management Policy. SNH have expressed the view that, in the absence of evidence to the contrary, at this time it cannot be ascertained beyond reasonable scientific doubt that the Ballast Water Management Policy for Scapa Flow will not potentially affect the integrity of this Special Area of Conservation. SNH have determined that the appropriate assessment undertaken by OIC has utilised an acceptable methodology and procedure.

Question reference: S4W-21883

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Monday, 23 June 2014
Current Status: Answered by Paul Wheelhouse on 16 July 2014

To ask the Scottish Government what discussions the Minister for Environment and Climate Change or his officials have had with the European Commission about Orkney Islands Council’s recently adopted changes to the management of ballast water in Scapa Flow and its compatibility with EU legislation.

Question reference: S4W-21880

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Monday, 23 June 2014
Current Status: Answered by Paul Wheelhouse on 16 July 2014

To ask the Scottish Government for what reason the Minister for Environment and Climate Change is conducting "an informal review" of Orkney Islands Council’s proposed changes to the management of ballast water in Scapa Flow, in light of his statutory responsibility to review this decision under the habitats directive.

Orkney Islands Council approved a revised Ballast Water Management Policy for Scapa Flow on 10 December 2013. Scottish Natural Heritage, the Scottish Environment Protection Agency and stakeholders have expressed concerns about the proposals and the need to ensure compliance with European legal requirements. In view of these concerns and Scottish Ministers’ statutory responsibilities, my officials have been reviewing the council’s appropriate assessment to determine whether we are satisfied that the proposals are compliant and, if not, whether or not there is a need to use statutory powers available to ministers in the regulations implementing the EU Habitats Directive.

Question reference: S4W-21967

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Thursday, 26 June 2014
Current Status: Answered by Fiona Hyslop on 15 July 2014

To ask the Scottish Government what modelling it has carried out on the affordability to an independent Scotland of introducing tax relief for film productions at the levels available in countries such as Ireland, Canada and New Zealand.

Scotland's Future: Your Guide to an Independent Scotland indicates that “We plan to continue the existing fiscal incentives for such production and, within the first term of an independent Scottish parliament, we propose to look at ways to encourage further development in the sector, through incentives, infrastructural investment and support for development, skills and training.” Consideration of the costs and benefits to Scotland of such approaches to further development, in terms of tax revenue foregone, tax revenue generated from production activity that would not otherwise have happened, and non-tax costs such as investment in human and infrastructural capital would form part of that consideration.

Question reference: S4W-21966

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Thursday, 26 June 2014
Current Status: Answered by Fiona Hyslop on 15 July 2014

To ask the Scottish Government what modelling it has carried out on the affordability to an independent Scotland of continuing the tax incentives currently offered by the UK Government in relation to the creative industries.

Fiscal incentives are currently given, subject to meeting set criteria, to production of films, high end television drama, animation and video games. Such incentives will continue at the point of independence on the principle of continuity of law. Scotland's Future: Your Guide to an Independent Scotland indicates that “We plan to continue the existing fiscal incentives for such production and, within the first term of an independent Scottish parliament, we propose to look at ways to encourage further development in the sector, through incentives, infrastructural investment and support for development, skills and training.” As audio-visual production has been historically focused on the South-east of England continuing fiscal incentives will tend to attract new production to Scotland without subsidising production that would have happened in any event, to a greater degree than for the UK at present.

Question reference: S4T-00747

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Monday, 23 June 2014
Current Status: Taken in the Chamber on 24 June 2014

To ask the Scottish Government what its position is on reports that people with serious criminal convictions are teaching in schools.

Question reference: S4O-03380

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Wednesday, 11 June 2014
Current Status: Taken in the Chamber on 19 June 2014

To ask the Scottish Government what flexibility there is in the national calculation method for determining the type of heating system used in large public buildings.