- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
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Date lodged: Monday, 24 July 2023
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Current Status:
Answered by Mairi Gougeon on 16 August 2023
To ask the Scottish Government, in light of the recommendation in its publication,
Extension to the Review of Field Delivery of Animal Health Services in Scotland, that consideration should be given to "import checks including border
inspection post operations" being delivered by the Scottish Veterinary
Service (SVS), where it anticipates that any such border inspection posts would
be located; what assessment it has made of (a) the cost implications of this
function being delivered by the SVS and (b) how the SVS delivering this
function would improve the service to the public and industry; what discussions
it has had with the UK Government regarding the removal of this function from
the UK Animal and Plant Health Agency, and what its position is on whether
there are any implications for the UK Government’s reserved responsibility for
external affairs of the transfer of this function to the proposed SVS.
Answer
The Scottish Government is committed to the creation of a Scottish Veterinary Service (SVS) to ensure there are highly trained staff to provide Scotland with good animal health and food safety to meet all our needs across the public and private sector for animal health issues. For that purpose, a Programme has been established to manage the work required to create an SVS.
The Extension to the Review of Field Delivery of Animal Health Services in Scotland report, conducted by Professor Charles Milne, followed up on the earlier Field Delivery of Animal Health Services in Scotland, and was based on interviews with individual sand organisations involved in animal health services in Scotland and beyond.
The SVS Programme is assessing which functions the SVS should deliver, including border checks. APHA is only responsibility for border checks on live animals, with Scottish Local Authorities responsible for checks on animal products.
Scottish Government Officials liaise regularly with the Animal and Plant health Agency, as well as Defra, Welsh Government and Northern Ireland Executive officials to ensure that suitable arrangements are in place, in due course, to mitigate against any risks to animal health and welfare as a result of different arrangement for the delivery of veterinary controls in Scotland. It is impossible, however, to make effective plans for the delivery of border checks while the UK Government continues to delay the publication of the awaited UK Target Operating Model for Borders.
- Asked by: Sarah Boyack, MSP for Lothian, Scottish Labour
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Date lodged: Thursday, 20 July 2023
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Current Status:
Answered by Lorna Slater on 16 August 2023
To ask the Scottish Government what discussions it has had with the UK Government regarding Circularity Scotland going into administration.
Answer
I refer the Member to the response to S6W-20057. Additionally, following the UK Government letter on IMA exclusion late on 26 May, I , on 27 May 2023, and the First Minister, on 2 June 2023, wrote to the UK Government outlining the impact of the decision. Officials have also been in regular contact across administrations around the Deposit Return Scheme and the impact of Circularity Scotland going in to administration.
- Asked by: Ariane Burgess, MSP for Highlands and Islands, Scottish Green Party
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Date lodged: Thursday, 20 July 2023
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Current Status:
Answered by Lorna Slater on 16 August 2023
To ask the Scottish Government what powers NatureScot has to ensure that landowners employ trapping and translocation on their land, rather than lethal control, following the publication of the beaver licensing figures for 2022.
Answer
NatureScot are able to license beaver management activities under the Conservation (Natural Habitats, &c.) Regulations 1994. However the legislation requires the same tests to be met for trapping (or taking) as for killing a protected species and does not require the use of trapping to be considered before a licence for lethal control is granted.
However, NatureScot recognise the hierarchy of impacts of control methods on populations and individual animals and as such have been proactively working with licence holders over the last four years to encourage the use of trapping and translocation wherever this is feasible. Trapping is carried out by NatureScot at no cost to the licence-holder. In their Beaver Management Report for 2022 NatureScot reported the proportion of beavers being removed by trapping as opposed to lethal control had increased from 28% in 2021 to 42% in 2022. The Code of Practice that accompanies lethal control licences also asks licence applicants to consider whether trapping would be a feasible means of control.
- Asked by: Ariane Burgess, MSP for Highlands and Islands, Scottish Green Party
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Date lodged: Thursday, 20 July 2023
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Current Status:
Answered by Lorna Slater on 16 August 2023
To ask the Scottish Government whether it plans to ask NatureScot to conduct a review of licences for the lethal control of beavers to ascertain whether such licences are required or whether translocation could be implemented instead, in line with its commitment to expand Scotland's beaver population, announced in November 2021.
Answer
NatureScot regularly reviews its approach to licensing to ensure that any licences that are issued are informed by the best information available, including taking into account any policy developments or legislative changes.
NatureScot issues licences that permit the use of lethal control of beavers only where it is necessary as a last resort. In addition, NatureScot have been proactively working with licence holders over the last 4 years to encourage a greater use of trapping and translocation wherever this is feasible. In their Beaver Management Report for 2022 NatureScot reported the proportion of beavers being removed by trapping as opposed to lethal control had increased from 28% in 2021 to 42% in 2022.
NatureScot have included the need for consideration of trapping in the Code of Practice that accompanies lethal control licences. Lethal control licences have a maximum period of two years and as a result of the most recent internal review of beaver licensing (undertaken in Spring 2023), licence holders are being asked to reapply for a new licence when their licence expires to ensure that licences are issued based on an up to date assessment of the three European Protected Species licensing tests.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
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Date lodged: Monday, 24 July 2023
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Current Status:
Answered by Mairi Gougeon on 16 August 2023
To ask the Scottish Government whether its proposed Scottish Veterinary Service
would gather fees from industry, and, if this is the case, what assessment it
has made of (a) the potential cost to industry and (b) any impact on (i) food
prices for domestic consumers and (ii) costs for (A) exporters of salmon and
seafood and (B) industries operating in remote and rural Scotland.
Answer
The Scottish Government is committed to the creation of a Scottish Veterinary Service (SVS) to ensure there are highly trained staff to provide Scotland with good animal health and food safety to meet all our needs across the public and private sector for animal health issues.
A Programme has been established to manage the work required to create an SVS, which includes conducting a financial appraisal of the operational and investment costs of the Service.
All potential functions considered for future delivery by the SVS are already funded by the Scottish Government under a variety of arrangements. Some of those functions already attract fees raised from industry, but it is too early to consider any new future charges.
The financial appraisal will assess how consolidation under a single body provides opportunities to enhance quality, efficiency, resilience and value for money.
- Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
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Date lodged: Friday, 21 July 2023
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Current Status:
Answered by Jenny Gilruth on 16 August 2023
To ask the Scottish Government what steps are required, under the Schools (Consultation) (Scotland) Act 2010, to (a) disestablish or dissolve an all-through school and (b) create new partnerships with other schools; whether pupils and parents within the existing catchment area have any involvement in such decisions, and, if so, what their involvement is.
Answer
The Schools (Consultation) (Scotland) Act 2010 does not make any specific provision regarding all-through schools or the establishment of partnerships between schools, for example, regarding school management. It is primarily for local authorities to consider whether any proposed significant change to a school is a “relevant proposal” as set out in Schedule 1 of the Schools (Consultation) (Scotland) Act 2010 and, if so, to comply with its requirements.
Where a proposal would result in the permanent discontinuance of a school, or stage of education in a school, the local authority must publish a proposal paper, which includes a statement of the educational benefits of the proposal. The consultation must last for at least 30 school days. The local authority must let relevant consultees, including affected parents, Parent Council(s) and pupils, know about the consultation and invite responses. A public meeting must also be held. The local authority must invite Education Scotland to prepare a report on the educational aspects of the proposal. The local authority must publish a consultation report which responds to issues raised through the consultation period.
If the proposal involves the closure of a rural school, or stage of education in a rural school, the local authority must also comply with additional requirements, including considering reasonable alternatives to closure and only proceeding if closing the school is the most appropriate response to the reasons it has identified for making the proposal. For rural schools, a number of these steps must be carried out before the local authority embarks on the formal consultation as set out above.
- Asked by: Sarah Boyack, MSP for Lothian, Scottish Labour
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Date lodged: Thursday, 20 July 2023
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Current Status:
Answered by Lorna Slater on 16 August 2023
To ask the Scottish Government, in light of Circularity Scotland going in to administration, whether it has met with any former (a) suppliers and (b) contractors of the firm.
Answer
Biffa, a former contractor of Circularity Scotland, attended a Deposit Return Scheme Four Nations Interoperability Workshop in Edinburgh on 27 June 2023 following Circularity Scotland going into administration to provide insight into their experience in Scotland. Throughout the period Scottish Government has continued to work closely with staff acting for Circularity Scotland, administrators and partners.
- Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
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Date lodged: Friday, 21 July 2023
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Current Status:
Answered by Jenny Gilruth on 16 August 2023
To ask the Scottish Government whether local authorities have the ability to remove core subjects from a senior phase school without consultation under the Schools (Consultation) (Scotland) Act 2010.
Answer
The Schools (Consultation) (Scotland) Act 2010 does not require local authorities to consult on the removal of subjects from a school’s curriculum offer.
Under the Education (Scotland) Act 1980, the statutory responsibility for the delivery of education sits with local authorities.
While the Curriculum for Excellence provides the overarching framework and sets out the eight curriculum areas, it is a matter for individual schools and authorities to tailor their detailed curriculum offer.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
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Date lodged: Monday, 24 July 2023
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Current Status:
Answered by Mairi Gougeon on 16 August 2023
To ask the Scottish Government what work it has done to evaluate whether it would be more costly to set up the proposed Scottish Veterinary Service compared with continuing with the status quo, and, if this would be the case, how much more costly it would be, and what evaluation has been made of the value for money of the different options.
Answer
The Scottish Government is committed to the creation of a Scottish Veterinary Service (SVS) to ensure there are highly trained staff to provide Scotland with good animal health and food safety to meet all our needs across the public and private sector for animal health issues.
A Programme has been established to manage the work required to create an SVS, which includes conducting a financial appraisal of the operational and investment costs of the Service.
The financial appraisal will assess how consolidation under a single body provides opportunities to enhance quality, efficiency, resilience and value for money
- Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
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Date lodged: Friday, 21 July 2023
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Current Status:
Answered by Jenny Gilruth on 16 August 2023
To ask the Scottish Government what mechanism is in place to remedy any non-compliance by local authorities with the provisions of the Schools (Consultation) (Scotland) Act 2010.
Answer
It is the responsibility of the relevant local authority to comply with the provisions of the Schools (Consultation) (Scotland) Act 2010 (“the 2010 Act”).
The Scottish Government has a power to call in a proposal to permanently discontinue a school or a stage of education if it appears to Ministers that one of the grounds in section 17(2) of the 2010 Act applies. Where a call-in notice has been issued, Ministers must refer the proposal to the Convener of the School Closure Review Panel.
If Ministers are of the view that a local authority has failed to discharge a statutory duty relating to school education, they may take action under section 70 of the Education (Scotland) Act 1980 (“the 1980 Act”) in certain circumstances. Ministers would require evidence of such a failure before taking the action permitted by the 1980 Act.
In addition, Judicial Review may be available in respect of a failure of a public authority to comply with its statutory obligations.