Chamber and committees

The Scottish Executive is fullyaware of the judgement of the European Court of Justice (ECJ) in case C-6/04. We have recentlyconsulted on proposals to amend the Conservation (Natural Habitats, &c.) Regulations1994 and these include changes which reflect the findings of the ECJ in relationto the matters raised by the European Commission in case C-6/04. A Scottish Statutory Instrumentwill be laid in Parliament in due course.

The Public Participation Directive(2003/35/EC) amended the Pollution Prevention and Control Directive (1996/61/EC)and the Environmental Impact Assessment Directive (1985/337/EC) requiringimproved public participation arrangements in those and in certain other environmentalregimes. In consequence, updating was required to 14 pieces of Scottish legislation,on which progress has been as follows.

Regulations on air quality andnitrate vulnerable zones were updated from 25 June 2005 andthe required amendments made to four waste regimes on 4 August. The updated PollutionPrevention and Control (Scotland) Regulations 2005 were made on 16 November 2005 althoughin practice the Scottish Environment Protection Agency had been working to the newarrangements since 25 June. The extra time was taken to make additionalamendments in parallel. We had consulted on draft amending regulations to updateseven environmental impact assessment regimes in May 2005 and had worked to resolvethe final details of those regulations. However, on-going work in this area includesprovisions in relation to reserved matters and we are working with the UK Governmenton the details of those provisions with a view to introducing amending legislationbefore the Scottish Parliament in autumn 2006, completing transposition.

The Executive has made no financialcontribution towards the cost of relocating the Corse Hill weather radar station.

The Executive has made no financialcontribution towards the building of the second weather radar station.

At my meeting on 6 March 2006 with BarryGardiner MP, then minister with responsibility for postal services, I had a constructivediscussion about post offices and rural service provision which gave me an opportunityto hear the problems that the post office network faces while expressing my ownviews on the importance of the network in Scotland. The meeting was one of a series of meetings the DTIhad with departments across the UK to allow them to hear views and take an informed decisionon the future of the network in due course.

We discussed issues related tothe post office network, in particular in rural areas. Royal Mail and Post Officerepresentatives explained the work that has been on-going to explore alternative,more sustainable means of service delivery. I made clear my view of the importanceof post offices to rural communities and the need to explore various delivery models– including co-location of public or private sector services – in attempts to ensurethe continuation of viable services and facilities wherever possible. It was agreedthat officials should keep in touch and the Environment and Rural DevelopmentDepartment would seek to assist where possible towards that aim, within the limitsof devolved powers.

There is alreadyprovision in the law which enables councils to set up bodies such as Arms LengthManagement Companies. Section 20 of the Local Government (Scotland) Act 2003 gives wide powers to local authorities to create orenter into arrangements with other persons or companies if that is likely to promoteor improve well-being. Creating an ALMO would not, however, qualify the councilfor Treasury funding to redeem residual housing debt which is available to councilsthat transfer ownership of their housing to a Registered Social Landlord.

The consent of the Scottish ministers is required under section 92(5) of the Housing (Scotland) Act2001 should a local authority wish to provide assistance, including financial assistance,to a person or company managing housing and that assistance is carried to the debitof their housing revenue account.

We believe that in certain circumstancespartial transfer may be an appropriate option for some councils as part of a strategyto meet the Scottish Housing Quality Standard for all of their stock. Detailsof the support available for partials transfers is set out in the guidance on localauthority housing transfers which is published on the Communities Scotland website.The key criteria governing the acceptance of a partial transfer proposal on to theCommunity Ownership Programme are that the council must have a viable and acceptableStandard Delivery Plan for the stock which it plans to retain and that the businessplan support that is offered for partial transfers will not exceed the support thatwould have been given if the council had undertaken a whole stock transfer.

The answer to questionS2W-26407 means that the Executive is not aware of any general wards whichordinarily accommodate patients of both sexes at the same time. In extremesituations where patient numbers outstretch bed availability, patients may beplaced in mixed sex accommodation. Patients should be advised of this situationand re-allocated as soon as possible.

The Scottish Executive hasdiscussions with Home Office colleagues on a regular basis and raise with thema number of issues including immigration policy and its impact on Scotland.During these discussions the concern within Scotland over the removal of the right to work for asylum seekers and the calls for this to be reinstatedhave been brought to their attention.