- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Thursday, 20 September 2001
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Current Status:
Answered by Ross Finnie on 4 October 2001
To ask the Scottish Executive whether the eligibility rules governing applications to the sheep annual premium scheme quota national reserve and the suckler cow premium scheme quota national reserve are a reserved or a devolved matter and, if devolved, what plans it has to review the operation of these rules.
Answer
Agriculture, as a whole, is a devolved matter. However, there are currently no plans to review either the eligibility criteria or the categories of the national reserves.
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Thursday, 20 September 2001
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Current Status:
Answered by Jim Wallace on 4 October 2001
To ask the Scottish Executive what assessment has been made of the impact that the recommendations of the recent review of tribunals by Sir Andrew Leggatt would have on the operation of tribunals in Scotland if implemented.
Answer
The Leggatt Report concerned tribunals operating in reserved areas including some which have jurisdiction in Scotland. Assessment of the impact of the recommendations is primarily a matter for the Lord Chancellor's Department and other Whitehall Departments. Scottish Executive officials are, however, in contact with the Lord Chancellor's Department and, with Scottish ministers, will be involved in discussion of the issues and options arising from the report.
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Thursday, 20 September 2001
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Current Status:
Answered by Ross Finnie on 4 October 2001
To ask the Scottish Executive whether the suckler cow premium scheme quota national reserve eligibility rules regarding partnerships differ from rules on partnerships applied in relation to other quota reserves.
Answer
The eligibility criteria for allocations of livestock quota from both the suckler cow premium scheme and the sheep annual premium scheme are identical and partnerships applying to either reserve are treated in exactly the same way.
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Thursday, 20 September 2001
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Current Status:
Answered by Ross Finnie on 4 October 2001
To ask the Scottish Executive why producers moving from one constituent part of the UK to another take quota obtained from the suckler cow premium scheme quota national reserve with them.
Answer
Since the introduction of livestock quotas in 1993, a system of ring fencing has been in place to protect the movement of quota away from sensitive areas. It is therefore not possible for producers taking a business decision to move from one constituent part of the UK to another to use their existing quota in a different ring-fence area, whether or not it was allocated from a National Reserve. Quota is however tradable and producers may sell the quota they hold relating to their original ring-fence designation and purchase quota relating to their new designation. Producers who receive quota from a National Reserve, however, must use their quota to claim premium for three years following its allocation before they can sell or temporarily lease it.
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Thursday, 20 September 2001
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Current Status:
Answered by Ross Finnie on 4 October 2001
To ask the Scottish Executive how a partnership is defined for the purpose of applications to the suckler cow premium scheme quota national reserve.
Answer
A partnership is not specifically defined in the legislation governing suckler cow quota. The definition used is that given in section 1(1) of the Partnership Act 1890.
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Thursday, 20 September 2001
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Current Status:
Answered by Ross Finnie on 4 October 2001
To ask the Scottish Executive what role the Scottish Agricultural College plays in advising farmers on quota applications and whether the college acts as an agent of its Environment and Rural Affairs Department or on a commercial basis when providing such advice.
Answer
Many producers choose to use the services of agricultural consultants on a variety of business matters, including the claiming of EU subsidies. The Scottish Agricultural College offers a full range of such services for which they charge fees. When offering advice on business issues, including those relating to livestock quotas, the college does so purely on a commercial basis.
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Thursday, 20 September 2001
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Current Status:
Answered by Ross Finnie on 4 October 2001
To ask the Scottish Executive what rules apply in relation to the transfer of suckler cow premium scheme quotas to the national reserve and, in particular, what percentage of quota is returned to the national reserve when quotas are sold.
Answer
The suckler cow premium scheme national reserve has to be created from existing quota and is supplied by quota siphoned from quota sold on the open market. In addition to siphons of quota, the reserve normally also receives quota removed from producers who have failed to use their quota either by claiming premium or leasing it to other producers or a combination of both.
The UK currently operates a 15% siphon to quota transactions, the maximum permitted under EC legislation.
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Thursday, 20 September 2001
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Current Status:
Answered by Jim Wallace on 4 October 2001
To ask the Scottish Executive what assessment has been made of the impact of the current eligibility rules on civil legal aid in cases arising from the breakdown of marital or cohabitation relationships.
Answer
The Scottish Legal Aid Board has been carrying out research on civil legal aid, including issues of eligibility. We await the results shortly.
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Thursday, 20 September 2001
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Current Status:
Answered by Rhona Brankin on 4 October 2001
To ask the Scottish Executive what role the Scottish Environment Protection Agency will play in any consultation on the disbursement of funds to local authorities for the development of proposals designed to ensure compliance with the terms of the EU landfill directive.
Answer
The Scottish Environment Protection Agency is being consulted on the development of a guidance document for local authorities on the operation of the Strategic Waste Fund. This is in its role as co-ordinator of the National Waste Strategy and constituent Area Waste Plans. The disbursement of funds to local authorities to assist with the implementation of the plans will be a matter for the Scottish ministers.
- Asked by: Margaret Jamieson, MSP for Kilmarnock and Loudoun, Scottish Labour
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Date lodged: Thursday, 20 September 2001
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Current Status:
Answered by Ross Finnie on 4 October 2001
To ask the Scottish Executive whether a husband and wife who jointly own a farm are treated as a partnership for the purposes of the eligibility rules governing applications to livestock quota reserves.
Answer
It is up to the individuals involved to decide on how they wish to trade. It is true that, in Scotland, most husband and wife teams will form a partnership for the purposes of claiming subsidy. However, many prefer to trade as a sole producer with only the husband or the wife becoming directly involved in the farming enterprise. This remains a business decision which the couple must take. Once that decision has been taken the business will then claim subsidies either as a partnership or a sole producer regardless of issues such as marital status.
