- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Thursday, 28 May 2009
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Current Status:
Answered by Roseanna Cunningham on 9 June 2009
To ask the Scottish Executive, further to the answers to question S3W-12096 by Mike Russell on 1 May 2008 and question S3W-20212 by Mike Russell on 6 February 2009, whether it has received recommendations on the future regulation of snaring from the legislation, regulation and guidance sub-group of the Partnership Against Wildlife Crime Scotland.
Answer
The Legislation, Regulation and Guidance Sub-group of the Partnership for Action Against Wildlife Crime in Scotland (PAW Scotland), has made its recommendations.
These recommendations, along with additional technical advice as requested by the sub-group, are now with the wider PAW Scotland partnership for comment.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Monday, 01 June 2009
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Current Status:
Answered by Roseanna Cunningham on 9 June 2009
To ask the Scottish Executive whether it is aware of problems with the online registration of septic tanks in (a) March and (b) May 2009.
Answer
I am aware that the Scottish Environment Protection Agency (SEPA) experienced some minor problems with their systems for handling online registrations of septic tanks at points during March and May 2009 when the charge for registration was waived. This was an operational matter for SEPA, and I understand the problems were resolved promptly.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Monday, 01 June 2009
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Current Status:
Answered by Roseanna Cunningham on 9 June 2009
To ask the Scottish Executive what actions were taken to inform the public that the charges for registration of septic tanks, waived in March 2009, would be reintroduced on 1 June 2009.
Answer
This is an operational matter for the Scottish Environment Protection Agency, and I have asked the Chief Executive, Dr Campbell Gemmell, to write to you.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Tuesday, 26 May 2009
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Current Status:
Answered by Nicola Sturgeon on 8 June 2009
To ask the Scottish Executive whether the right of pedestrian access to a property includes right of access for a wheelchair user.
Answer
If the member is referring to access to a public building then section 19 of the Disability Discrimination Act does not allow service providers to discriminate against disabled people in terms of access.
If the reference concerns access to private property, then pedestrian rights of access to property are created in a number of ways - in title deeds to property, by the operation of prescription or sometimes even by inference or implication. It is therefore impossible to say, in the abstract, whether a particular pedestrian right of access includes access for a wheelchair user as such a question would be determined by the particular title deeds in question and/or by other surrounding evidence. If there is a dispute then ultimately the extent of a right of access will be determined by the courts.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Tuesday, 26 May 2009
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Current Status:
Answered by Nicola Sturgeon on 8 June 2009
To ask the Scottish Executive whether the right of pedestrian access to a property includes right of access for the user of a mobility scooter.
Answer
It is not clear from the question whether the access referred to is to public or private property.
If Elaine Murray is referring to access to a public building then section 19 of the Disability Discrimination Act does not allow service providers to discriminate against disabled people in terms of access.
If the reference concerns access to private property, then pedestrian rights of access to property are created in a number of ways - in title deeds to property, by the operation of prescription or sometimes even by inference or implication. It is therefore impossible to say, in the abstract, whether a particular pedestrian right of access includes access for a mobility scooter user as such a question would be determined by the particular title deeds in question and/or by other surrounding evidence. If there is a dispute then ultimately the extent of a right of access will be determined by the courts.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Tuesday, 26 May 2009
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Current Status:
Answered by Nicola Sturgeon on 8 June 2009
To ask the Scottish Executive whether a mobility scooter is regarded in law as a mobility aid or a vehicle.
Answer
There is currently a lack of clarity around the legal definition. At present, a mobility scooter is regarded as a mobility aid, however this has not yet been challenged in law. It currently must meet Medicines and Healthcare Regulatory Authority (MHRA) standards for medical devices. If it is capable of speeds in excess of 8 mph it must have lights to go on the road and all motor scooters are subject to the Highway Code.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Thursday, 28 May 2009
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Current Status:
Answered by Richard Lochhead on 5 June 2009
To ask the Scottish Executive what sanctions are available to local authorities against the dropping of used chewing gum in public places.
Answer
The act of throwing down, dropping or depositing and leaving chewing gum, like all types of litter, is an offence under Section 87 of the Environmental Protection Act 1990, and subject to a fine of up to £2,500. Alternatively, the person may be offered the opportunity to pay a fixed penalty fine, the level of which is currently £50.
Designated local authority officers have the power to issue fixed penalty notices to those who litter. As independent bodies, whether local authorities empower officials to issue notices is a matter for each local authority. They are encouraged to do so by the Scottish Government.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Thursday, 28 May 2009
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Current Status:
Answered by Richard Lochhead on 5 June 2009
To ask the Scottish Executive what guidance has been developed on the welfare of seals by it and members of the Scottish Seals Forum.
Answer
A code of practice was developed to support the Moray Firth Seal Management Plan with input from Scottish Government and stakeholders, including the Scottish Society for the Prevention of Cruelty to Animals.
It is intended that this code will provide a starting point for consideration of welfare concerns by the Scottish Seals Forum in the proposed new licensing scheme.
Copies of the Moray Firth Seal Management Code of Practice have been placed in the Scottish Parliament Information Centre (Bib. number 48276).
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Tuesday, 26 May 2009
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Current Status:
Answered by Richard Lochhead on 5 June 2009
To ask the Scottish Executive whether it is considering introducing regulations on the welfare of greyhounds.
Answer
The Scottish Government have no plans to introduce regulations on the welfare of greyhounds. The provisions of section 24 of the Animal Health and Welfare (Scotland) Act 2006, which requires those responsible for animals to take steps to ensure that the needs of such animals are met, is sufficient to ensure the welfare of greyhounds.
- Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
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Date lodged: Tuesday, 26 May 2009
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Current Status:
Answered by Adam Ingram on 4 June 2009
To ask the Scottish Executive what changes are under consideration for the provision of legal representation in the forthcoming Children’s Hearings (Scotland) Bill.
Answer
It is our intention that the Children''s Hearings (Scotland) Bill will propose a permanent scheme to manage the provision of state-funded legal representation in Children''s Hearings.
