Questions and answers

Question reference: S3W-10983

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive whether ministers are obliged or advised to follow any procedures prior to issuing a direction to a non-departmental public body (NDPB) and whether a distinction is made between provisions for the Scottish Environment Protection Agency and other NDPBs.

The ability of ministers and officials to instruct or direct non-departmental public body (NDPB) delivery partners is part of the long established governance framework between government and the bodies they sponsor.

Within this delivery relationship, there is a wide range of terminology used to describe instructions that can be given to NDPBs and this is normally contained in enabling legislation or other relevant corporate documentation underpinning the governance framework. The scope of instruction and direction can also vary considerably, ranging from simple accounting matters to issues of substance and can cover procedures and timescales where ministers believe there is a public interest. Whether of a general or specific nature, powers of direction allow government to exercise the degree of control necessary to ensure parliamentary, ministerial and public accountability for bodies in receipt of government funds.

The way in which the Scottish Government discharges these core functions is not recorded separately or given prominence over other issues of sponsorship activity. In addition, the way in which directions can be invoked and communicated will vary depending on the individual circumstances or context.

The governance framework which confers NDPB status provides for a degree of ministerial judgement in deciding the most appropriate level of interaction between body and government.

NDPB sponsorship guidance is contained on the Scottish Government''s public bodies website at http://www.scotland.gov.uk/Topics/Government/public-bodies.

Question reference: S3W-10975

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive whether it considers that the Scottish Environment Protection Agency and the Cairngorms National Park Authority took an informed approach to decision making and erred on the side of caution in relation to the flood risk assessment of the Aviemore resort hotels master plan application.

Question reference: S3W-10978

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive on how many occasions since May 2007 ministers have instructed non-departmental public bodies (NDPBs) to take particular actions with regard to individual casework with which the NDPB was dealing and which fell within the NDPB’s statutory responsibilities.

The ability of ministers and officials to instruct or direct non-departmental public body (NDPB) delivery partners is part of the long established governance framework between government and the bodies they sponsor.

Within this delivery relationship, there is a wide range of terminology used to describe instructions that can be given to NDPBs and this is normally contained in enabling legislation or other relevant corporate documentation underpinning the governance framework. The scope of instruction and direction can also vary considerably, ranging from simple accounting matters to issues of substance and can cover procedures and timescales where ministers believe there is a public interest. Whether of a general or specific nature, powers of direction allow government to exercise the degree of control necessary to ensure parliamentary, ministerial and public accountability for bodies in receipt of government funds.

The way in which the Scottish Government discharges these core functions is not recorded separately or given prominence over other issues of sponsorship activity. In addition, the way in which directions can be invoked and communicated will vary depending on the individual circumstances or context.

The governance framework which confers NDPB status provides for a degree of ministerial judgement in deciding the most appropriate level of interaction between body and government.

NDPB sponsorship guidance is contained on the Scottish Government''s public bodies website at:

http://www.scotland.gov.uk/Topics/Government/public-bodies.

Question reference: S3W-10981

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive whether, in dealings with non-departmental public bodies (NDPBs), a distinction is made between an instruction to an NDPB from the Scottish Government and a formal direction and whether a distinction is made between provisions for the Scottish Environment Protection Agency and other NDPBs.

The ability of ministers and officials to instruct or direct non-departmental public body (NDPB) delivery partners is part of the long established governance framework between government and the bodies they sponsor.

Within this delivery relationship, there is a wide range of terminology used to describe instructions that can be given to NDPBs and this is normally contained in enabling legislation or other relevant corporate documentation underpinning the governance framework. The scope of instruction and direction can also vary considerably, ranging from simple accounting matters to issues of substance and can cover procedures and timescales where ministers believe there is a public interest. Whether of a general or specific nature, powers of direction allow government to exercise the degree of control necessary to ensure parliamentary, ministerial and public accountability for bodies in receipt of government funds.

The way in which the Scottish Government discharges these core functions is not recorded separately or given prominence over other issues of sponsorship activity. In addition, the way in which directions can be invoked and communicated will vary depending on the individual circumstances or context.

The governance framework which confers NDPB status provides for a degree of ministerial judgement in deciding the most appropriate level of interaction between body and government.

NDPB sponsorship guidance is contained on the Scottish Government''s public bodies website at:

http://www.scotland.gov.uk/Topics/Government/public-bodies.

Question reference: S3W-10964

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive what the First Minister discussed with Mr Donald Macdonald when they met in October 2007.

Question reference: S3W-10989

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive whether the Scottish Environment Protection Agency’s advice to the Cairngorms National Park Authority on the Aviemore resort hotels master plan planning application complied with its statutory duty to promote sustainable flood management and, if so, in what way and whether that advice took full account of regulations and guidance issued by Scottish Ministers.

Question reference: S3W-10993

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive whether, when giving advice to the Cairngorms National Park Authority in the Aviemore resort hotels master plan planning application, the Scottish Environment Protection Agency (SEPA) properly exercised its statutory functions to inform policy and promote an understanding of its activities; whether SEPA complied with its statutory duties, and how it exercised its statutory powers to make environmental information available to the public and involve communities in decisions that affect their local environment.

Question reference: S3W-10977

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive whether ministers have the power to formally instruct non-departmental public bodies (NDPBs) as to the procedures they should follow and the timescales they should work to when an NDPB is working on a particular case or application for which it has statutory responsibility, as distinct from instructions in respect of following Scottish Government policies, priorities and administrative and financial requirements and where these powers are specified in statute.

The ability of ministers and officials to instruct or direct non-departmental public body (NDPB) delivery partners is part of the long established governance framework between government and the bodies they sponsor.

Within this delivery relationship, there is a wide range of terminology used to describe instructions that can be given to NDPBs and this is normally contained in enabling legislation or other relevant corporate documentation underpinning the governance framework. The scope of instruction and direction can also vary considerably, ranging from simple accounting matters to issues of substance and can cover procedures and timescales where ministers believe there is a public interest. Whether of a general or specific nature, powers of direction allow government to exercise the degree of control necessary to ensure parliamentary, ministerial and public accountability for bodies in receipt of government funds.

The way in which the Scottish Government discharges these core functions is not recorded separately or given prominence over other issues of sponsorship activity. In addition, the way in which directions can be invoked and communicated will vary depending on the individual circumstances or context.

The governance framework which confers NDPB status provides for a degree of ministerial judgement in deciding the most appropriate level of interaction between body and government.

NDPB sponsorship guidance is contained on the Scottish Government''s public bodies website at:

http://www.scotland.gov.uk/Topics/Government/public-bodies.

Question reference: S3W-10984

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive whether a non-departmental public body which was being given a direction by the Scottish Government would be informed that it was a formal direction it was being given and whether any such notification would normally make clear whether the direction was following a decision of ministers.

The ability of ministers and officials to instruct or direct non-departmental public body (NDPB) delivery partners is part of the long established governance framework between government and the bodies they sponsor.

Within this delivery relationship, there is a wide range of terminology used to describe instructions that can be given to NDPBs and this is normally contained in enabling legislation or other relevant corporate documentation underpinning the governance framework. The scope of instruction and direction can also vary considerably, ranging from simple accounting matters to issues of substance and can cover procedures and timescales where ministers believe there is a public interest. Whether of a general or specific nature, powers of direction allow government to exercise the degree of control necessary to ensure parliamentary, ministerial and public accountability for bodies in receipt of government funds.

The way in which the Scottish Government discharges these core functions is not recorded separately or given prominence over other issues of sponsorship activity. In addition, the way in which directions can be invoked and communicated will vary depending on the individual circumstances or context.

The governance framework which confers NDPB status provides for a degree of Ministerial judgement in deciding the most appropriate level of interaction between body and government.

NDPB sponsorship guidance is contained on the Scottish Government''s public bodies website at http://www.scotland.gov.uk/Topics/Government/public-bodies.

Question reference: S3W-10990

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive whether the Scottish Environment Protection Agency’s evidence to Aberdeen City Council’s public local inquiry in May 2006 and to Moray Council’s public local inquiry in November 2007 complied with its statutory duty to promote sustainable flood management and, if so, in what way and whether that evidence took full account of regulations and guidance issued by Scottish Ministers.

Chamber and committees