Chamber and committees

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

I refer the member to the answer to question S6W-25567 on 15 March 2024. 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 .

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

As defined in the Gender Recognition Act 2004, SPS cannot legally ask an individual to declare a Gender Recognition Certificate, however, SPS will record this information when an individual in our care choses to share this with us. At present, there are less than 5 individuals in custody who have chosen to share this information with SPS.

The regulation of the internet is a reserved matter and falls to the UK Government.

Notwithstanding, the Scottish Government has been very clear that providers also have a responsibility to enforce their own policies on harmful online content. We continue to engage with the UK Government and Ofcom, on the implementation of the Online Safety Act 2023 in Scotland, and to press for stronger protections to keep children and vulnerable adults safe online.

Data on the full-time equivalent number of pupil support assistants from the September 2023 school staff census will be published on 19 March 2024. Data for 2024 will be collected in September 2024 and published in Spring 2025.

Our Fourth National Planning Framework (NPF4) through policy 4 (Natural Places) sets out to protect, restore and enhance natural assets making best use of nature-based solutions. Policy 4 (d) states that development proposals that affect a site designated as a local nature conservation site or landscape area in the Local Development Plan will only be supported in limited circumstances. This includes where such development will not have significant adverse effects on the integrity of the area or the qualities for which it has been identified; or where any significant adverse effects on the integrity of the area are clearly outweighed by social, environmental or economic benefits of at least local importance.

All NPF4 policies must be read and applied as a whole and it will be for the decision maker to determine what weight to attach to policies on a case by case basis.

Enforcement of planning control is a matter for the planning authority, in this case North Ayrshire Council. There are a wide range of enforcement powers in planning legislation and planning authorities have discretion to determine what power, or combination of powers, to use in any particular situation.

In this case the reporter accepted the proposed planning conditions suggested by the council with minor alterations.

The independent reporter was required to make their decision on the planning merits of the case and in overall accordance with the development plan, unless material considerations indicated otherwise. The reporter concluded that the main issues in this case were the principle of the development and its potential benefits; the landscape and visual impact of the proposal; and its ecological impact. The reporter took full account of all submissions made by parties, including those from North Ayrshire Council and views expressed by members of the local community, consultees and other third parties with an interest in the proposal. A site inspection took place on 13 October 2023.

The reporter took full account of all the submissions made by parties, including the potential impact on the island's birds. This included the appellants Ecological Appraisal and comments from members of the local community.

The reporter concluded that the proposed development complied with development plan policies relating to biodiversity.

The reporter has included a condition to this permission setting out that prior to the commencement of the development a Construction Management Plan shall be submitted to the council for approval. This Plan will set out, unless otherwise agreed by the planning authority, that vegetation removal should be scheduled to occur outside of the nesting bird season.

Having regard to the development plan the reporter considered that the determining issues in this appeal were the principle of the development and its potential benefits, including renewable electricity generation; landscape and visual impact and ecological impacts.

The reporter took account of all submissions made on this appeal which included extensive environmental information containing an informal environmental report, landscape and visual impact assessment, extended vegetation survey, hydrological assessment, preliminary ecological appraisal, transport and access statement and a heritage impact assessment.

The reporter concluded the proposal would make a modest but worthwhile contribution towards the achievement of renewable energy generation targets and whilst the proposal would have some negative effects, the reporter found these impacts to be localised in nature, are capable of some mitigation and are outweighed by the benefits of the development.

The reporter takes account of all the evidence submitted by parties involved including those views expressed by consultees and members of the local community.

The reporter concluded that the proposed development accorded with the development plan with regard to ecological and landscape and visual impacts.

The Bill was introduced on Wednesday 13 March, and published on Thursday 14 March 2024.