Chamber and committees

The Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021 do not include a power to seize single use plastic items. They do, however, allow the taking of samples of articles or substances found in any premises that the enforcement officer enters. These samples, which could include single use plastic items, can then be retained for the purposes of examination and testing and to be used in evidence in any proceedings for an offence under the Regulations. Information on any samples taken and retained may be available from the enforcement authorities.

Data on the usage of the noted material could be obtained through a range of activity including population surveys, waste composition analysis, cross-border trade analysis and studies of the weight and carbon impact of typical products.

It should be noted that, as the Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021 place restrictions on supplying the single-use plastic products in question in the course of a business, sales data in Scotland would therefore be of limited value in ascertaining usage.

The Force Majeure/Exceptional Circumstance (FM/EC) provision is one that has existed for a number of years and if a business has been unable to comply with the rules of a scheme because of FM/EC, they may retain the right to aid in respect of the claim. To qualify, a business must notify the Scottish Government Rural Payments and Inspections Division (SGRPID) in writing of the FM/EC event along with relevant evidence from the date they are in a position to do so.

The FM/EC provision applies on a case by case basis, and decisions are taken on the basis of relevant evidence provided. The way on which the Scottish Government continue to approach cases relies on the approach set out by legislation.

Examples of force majeure or exceptional circumstances are:

a. the death of the farmer

b. the long-term professional incapacity of the farmer

c. a severe natural disaster gravely affecting the holding's agricultural land

d. the accidental destruction of livestock buildings on the holding

e. an epizootic affecting part of or all of the farmer’s livestock (for example, Foot and Mouth Disease)

This is not an exhaustive list and animal health concerns, weather conditions, bull failure or transport issues may also qualify as FM/EC. These are only examples and they are not, by themselves, sufficient to qualify as FM/EC and the applicant would still need to provide evidence in support of these events that demonstrate that calving performance has been impacted by comparison to previous years.

In August 2024, the Scottish Government posted a Frequently Asked Questions (FAQ) Scottish Suckler Beef Support Scheme (Mainland and Islands) to support the industry with information on the new calving interval condition being introduced to the Scottish Suckler Beef Support Scheme (SSBSS) from 2025. The FAQ includes detail of the FM/EC provision in the context of the SSBSS calving interval condition, including the type of evidence that would be required to support a request for it to be applied.

ScotRail stations will continue to offer access to Facilities and toilets used by the public and in most cases will remain open even when ticket offices are shut.

The Scottish Government expects that all public sector employers, including SEPA, adopt fair work practices, including through Fair Work First, which applies to discretionary public sector grants.

SEPA is responsible for its day to day operations and publishes an Equality Mainstreaming and Outcomes Report which details its fair work related commitments. SEPA also operates a People and Resources Committee which includes terms of reference on employee engagement and the role of recognised trade unions. While SEPA’s specific amendments to its call centre services are operational decisions, it is expected that these changes are made in consultation with staff and trade unions to align with fair work, to ensure workers are treated fairly and with respect.

Under the Environmental Protection Act 1990, land contamination is the responsibility of local authorities. Any land which is identified as being contaminated, including any downstream of disused lead mines, should be managed in accordance with their routine regime of identifying and securing remediation for contaminated land. The Scottish Government expects that local authorities will prioritise based upon risk to the environment and human health, rather than source of land contamination.

The Scottish Government has no current plans to ask SEPA to review local authority actions in this area.

I refer the member to the answer to question S6W-32087 on 19 December 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 refer the member to the answer to question S6W-32122 on 19 December 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.

The CARES allocation of £11.7 million for 2025-26 announced in the draft budget represents an increase on the budget allocated to CARES in 2024-25. Plans for CARES in 2025-26 will be informed by lessons learnt from the Community Energy Generation Growth Fund pilot. This fund supported community groups with up to £1.5 million to develop their own community energy projects.

The Scottish Government is committed to growing the community energy sector and communities are at the heart of our renewable energy ambitions. CARES funding for 2025-26 will include dedicated development funding and support to help communities with the early stage development of community owned energy projects, increasing the accessibility of community energy and helping to ensure communities see the benefits of our energy transition.

No work has been undertaken to consider permanently replacing the M8 Woodside Viaducts with a surface level dual carriageway. Therefore, it is not possible to determine what the design and estimated capital cost of such an option would be, the practicalities of funding it or making a comparison with the costs for maintaining the existing viaducts.

Transport Scotland are currently undertaking a tender competition to appoint technical advisors to determine the most appropriate permanent solution for the M8 Woodside Viaducts including the next steps for procuring the works. Once undertaken, the works will provide greater resilience for these structures.