Chamber and committees

Section 24 of the Wildlife and Countryside Act 1981 places an obligation on conservation bodies to review every five years Schedules 5 and 8 and advise Scottish Ministers whether, in their opinion: (a) any animal should be added to, or removed from, Schedule 5; (b) any plant should be added to, or removed from, Schedule 8.

Revised criteria for the review process were agreed by the Chief Scientist Group representing the three statutory nature conservation organisations, including NatureScot. It is not for the Scottish Government to approve the method by which the review mentioned above is undertaken.

The manufacturing facility in Machrihanish is a major asset to the local Kintyre area and should be fully active and providing valuable local employment. The majority of the workforce was made redundant throughout late 2019/early 2020 following a significant gap in the company’s order book (c90 employees). PACE support was provided to employees at that time. Only one employee remained onsite to manage the upkeep of the facility throughout 2020 until the company entered into administration on 8 September 2021.

The Scottish Courts and Tribunals Service received a response to 17 of the 18 recommendations (determinations) made by the Sheriff, within 8 weeks of publication of the determination, as per the statutory requirement.

The implementation of any recommendations made by the Sheriff is primarily the responsibility of the respective organisation at which the recommendation was aimed.

In 1 of the 18 determinations, no response was received by the Scottish Courts and Tribunals Service within the 8 week statutory period. The Scottish Courts and Tribunals Service published a notice under Section 28(7) of the 2016 Act to this end.

Any public sector financial/grant support received by CS Wind would have been provided by Highlands and Islands Enterprise (HIE). It would therefore be for them to undertake any such review.

As owners of the site Highlands & Islands Enterprise are a listed creditor of CS Wind in the administration process. They are therefore working closely with the administrators rather than the company, CS Wind.

The dataset which was used to advise of the number of fatal accident inquiry recommendations is the Fatal Accident Inquiry Report 2020-2021. The statistics that inform the report are compiled by Scottish Courts and Tribunals Service and confirmed with Crown Office and Procurator Fiscal Service.

The report was laid before the Scottish Parliament on 17 June 2021 and published on the Scottish Government website gov.scot.

Fatal Accident Inquiries (FAIs): statistics 2020-2021 - gov.scot (www.gov.scot)

The published information is set out below.

The statistics for the period 1 April 2020 to 31 March 2021 for Fatal Accident Inquiries under the 2016 Act are as follows.

• Number of FAIs that ended during the year: 61
• Number in which recommendations requiring a response were made: 8
• Number of such recommendations made: 18
• Number of such recommendations in relation which a response was received by SCTS under section 28(1): 17
• Number of such recommendations in relation to which a notice was published by SCTS under section 28(7) (signalling that no response was received): 1

All 2016 Act determinations, recommendations and responses are accessible from the Scottish Courts and Tribunals Service web portal at: http://www.scotcourts.gov.uk/the-courts/sheriff-court/fatal-accidents

Officials within Scottish Government have regular, sometimes daily discussions with equivalent renewable energy sector team officials within Highlands and Islands Enterprise (HIE). Immediately following the announcement that the company had entered into administration, HIE officials contacted Scottish Government officials to inform them so that this information could be relayed to Scottish Ministers.

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

The following tables detail the (a) Average Occupancy (b) Design Capacity and (c) the Occupancy Rate of each prison between March 2021 to September 2021.

The Occupancy Rate and the Design Capacity rate are the average for each calendar month.

MARCH 2021

In order to meet our net zero ambitions on Scotland’s Railway, 147 diesel trains, comprising 390 carriages with a capacity of approximately 25,000 seats in total, will be replaced by 2035 by a mix of electric, battery and hydrogen powered fleets.

The total number of vehicles and seats required will depend upon the changed travel behaviour of ScotRail passengers over that period as they respond to the rolling programme of rail investment consistent with the Scottish Rail Decarbonisation Action Plan.

The following table provides a breakdown of the fleet by fuel type.