- Asked by: Douglas Lumsden, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 15 January 2026
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Current Status:
Answered by Gillian Martin on 27 January 2026
To ask the Scottish Government what safeguards are in place to manage any potential conflicts of interest where a single ministerial portfolio has responsibility for both infrastructure financing and infrastructure consent decisions.
Answer
The Scottish Ministerial Code outlines the general principle that Ministers should take particular care to avoid conflicts of interest when dealing with planning matters, including the granting of energy consents.
Mechanisms are available to preserve the integrity of decisions from challenge on grounds of prejudice, whereby the Planning Minister or any other Minister involved in the decision-making process can debar themselves from any involvement in the case.
- Asked by: Paul Sweeney, MSP for Glasgow, Scottish Labour
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Date lodged: Thursday, 15 January 2026
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Current Status:
Answered by Jim Fairlie on 27 January 2026
To ask the Scottish Government what it is doing to help local authorities develop best practice for the conservation of badgers.
Answer
NatureScot provides comprehensive standing advice on badgers in relation to development and planning, which is directly relevant to the responsibilities of local authorities. This guidance is publicly available at: https://www.nature.scot/doc/standing-advice-planning-consultations-badgers. It brings together a range of referenced sources and includes links to more detailed best-practice material, such as collaborative work undertaken around 20 years ago between Scottish Natural Heritage, the Highland Council, and several local developers in the Inverness area. Although produced some time ago, the information and core principles, particularly the importance of a holistic approach to balancing development and badger conservation, remain highly relevant today.
While there is no statutory requirement for developers to protect wider badger habitat, the law does provide strict protection for badgers and their setts. NatureScot’s advice therefore emphasises that planning authorities should also consider associated feeding areas and foraging grounds when assessing proposals. Incorporating these key habitats into development plans helps to avoid situations where legally protected setts become isolated and disconnected from essential food resources. Although such outcomes may technically comply with the law, they are ecologically undesirable, and the guidance encourages local authorities to work proactively to prevent them.
- Asked by: Ariane Burgess, MSP for Highlands and Islands, Scottish Green Party
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Date lodged: Wednesday, 14 January 2026
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Current Status:
Answered by Jim Fairlie on 27 January 2026
To ask the Scottish Government in light of the announcement by the UK Government that it will consult on slaughter legislation for farmed fish, whether it will carry out a similar consultation on this matter in Scotland.
Answer
As per my answer to your question S6W-39465 on 29 July 2025. The welfare of fish at the time of slaughter is assured by the requirement at Article 3.1 of retained Council Regulation (EC) 1099/2009 that ‘animals shall be spared any avoidable pain, distress or suffering during their killing and related operations.
We are satisfied that existing legislation and the guidance developed in partnership with the industry and NGO’s provides robust protection for the welfare of farmed fish at time of slaughter and have no current plans to consult on further legislation.
All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.
- Asked by: Douglas Lumsden, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 15 January 2026
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Current Status:
Answered by Gillian Martin on 27 January 2026
To ask the Scottish Government whether the criteria used to assess Electricity Act 1989 consent applications have changed following the transfer of responsibility to the Minister for Public Finance and, if so, what changes have been made.
Answer
The decision-making process is undertaken in accordance with the Electricity Act 1989, and other applicable regulations pertaining to applications depending on the specific details of each case. Recommendations are made in accordance with regulatory requirements, taking into account all material considerations, including the benefits of the development, the impacts, and accordance with relevant policy.
- Asked by: Douglas Lumsden, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 15 January 2026
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Current Status:
Answered by Gillian Martin on 27 January 2026
To ask the Scottish Government what assessment it made of any implications of assigning Electricity Act 1989 consent decisions to a ministerial portfolio that is primarily responsible for public finance.
Answer
I refer the member to the answer to question S6W-43110 on 27 January 2026. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at: https://www.parliament.scot/chamber-and-committees/written-questions-and-answers
- Asked by: Douglas Lumsden, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 15 January 2026
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Current Status:
Answered by Gillian Martin on 27 January 2026
To ask the Scottish Government whether it considered alternative ministerial portfolios to the Public Finance one when it transferred responsibility for Electricity Act 1989 consents, and if so, which portfolios it considered.
Answer
I refer the member to the answer to question S6W-43110 on 27 January 2026. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at: https://www.parliament.scot/chamber-and-committees/written-questions-and-answers
- Asked by: Douglas Lumsden, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 15 January 2026
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Current Status:
Answered by Gillian Martin on 27 January 2026
To ask the Scottish Government what assessment it has made of any implications of the transfer of Electricity Act 1989 consent responsibilities to the Minister for Public Finance for the consideration of alternatives to overhead transmission lines.
Answer
When determining applications for overhead power lines, made through the Electricity Act 1989, Scottish Ministers must only consider the project outlined within the application documentation. The legislation does not allow for Scottish Ministers to suggest or consider alternatives.
- Asked by: Douglas Lumsden, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 15 January 2026
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Current Status:
Answered by Gillian Martin on 27 January 2026
To ask the Scottish Government what criteria it used to determine that responsibility for Electricity Act 1989 consents should sit under the Public Finance portfolio.
Answer
The allocation of ministerial portfolios and responsibilities is a matter for the First Minister and do not follow set criteria. The Minister for Public Finance was considered as the most appropriate in this instance, due to his other ministerial responsibilities for Planning.
- Asked by: Douglas Lumsden, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 15 January 2026
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Current Status:
Answered by Gillian Martin on 27 January 2026
To ask the Scottish Government whether any guidance, instructions or internal protocols that govern Electricity Act 1989 consent decisions have been revised following the transfer of responsibility to the Minister for Public Finance on 18 December 2025.
Answer
Internal protocols for members of the Energy Consents Unit now reflect the transfer of responsibility to the Minister for Public Finance for Electricity Act 1989 consent decisions.
- Asked by: Douglas Lumsden, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 15 January 2026
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Current Status:
Answered by Gillian Martin on 27 January 2026
To ask the Scottish Government whether it will publish any updated guidance reflecting the revised ministerial responsibility for Electricity Act 1989 consents.
Answer
There are no administrative impacts for external stakeholders which would require guidance for Electricity Act 1989 consents applications to be updated.