Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S4W-14803

Asked by: Mary Scanlon, MSP for Highlands and Islands, Scottish Conservative and Unionist Party
Date lodged: Friday, 10 May 2013
Current Status: Answered by Paul Wheelhouse on 28 May 2013

To ask the Scottish Government what measures are included in the Aquaculture and Fisheries (Scotland) Bill to protect the freshwater pearl mussel from (a) pollution and (b) illegal fishing.

The Aquaculture and Fisheries (Scotland) Bill does not contain any specific measures to protect Freshwater Pearl Mussels (FWPM).

The Freshwater Pearl Mussel is protected as follows:

(a) Under the Water Environment (Controlled Activities) (Scotland) Regulations 2011, developers must obtain all relevant consents and local planning authorities must consult relevant regulatory bodies prior to any authorisation being granted for development where there is the potential to cause significant adverse effects to the water environment and its ecology such as the FWPM, including building or other engineering works, water abstractions or the discharges of pollutants.

(b), The freshwater pearl mussel has been protected from illegal fishing for pearls since 1991, when it was added to Schedule 5 of the Wildlife and Countryside Act 1981.

Question reference: S4W-14802

Asked by: Mary Scanlon, MSP for Highlands and Islands, Scottish Conservative and Unionist Party
Date lodged: Friday, 10 May 2013
Current Status: Answered by Paul Wheelhouse on 28 May 2013

To ask the Scottish Government what measures are in place to ensure the enforcement of the Wildlife and Countryside Act 1981 in terms of protection for the freshwater pearl mussel.

A range of measures are in place to tackle crime affecting the freshwater pearl mussel. The Scottish Investigative Support Officer (SISO) of the National Wildlife Crime Unit (NWCU) is active in identifying intelligence and raising awareness of intelligence opportunities that may lead towards enforcement action.

In 2012 the SISO led an operation to explore whether the jewellery trade was an outlet for illegally acquired freshwater pearls. Results indicated that the pearls were going elsewhere, hence further work, in partnership with UK Border Force, is being undertaken to explore whether the pearls are bound for overseas’ markets.

In conjunction with PAW Scotland organisations, agreements have been reached whereby landowners, ghillies, bailiffs and gamekeepers working land adjoining pearl mussel rivers, will report suspicious behaviour to the NWCU.

The Scottish Government has funded ongoing research into forensic techniques, including DNA and stable isotopes, which it is hoped will greatly assist the Police in pearl mussel crime investigations.

Police Scotland and the Scottish Environmental Protection Agency are working together to ensure any case of river works or pollution that disturb freshwater mussels are fully investigated and, where sufficient evidence exists, reported to the Crown Office. Scottish Natural Heritage (SNH) will be undertaking a survey of a number of pearl mussel rivers in 2013-14 and any information regarding potential criminality will be forwarded to Police Scotland for consideration.

SNH has secured European funding for three years for a seasonal staff member to deliver education, patrol rivers and liaise with the community regarding the protection of pearl mussels. It is anticipated that this position will work closely with the SISO and Police Scotland regarding intelligence and enforcement opportunities. SNH, NWCU and Police Scotland are also working together to distribute awareness raising material to relevant divisional wildlife crime liaison officers across North and West Scotland.

Question reference: S4W-14805

Asked by: Mary Scanlon, MSP for Highlands and Islands, Scottish Conservative and Unionist Party
Date lodged: Friday, 10 May 2013
Current Status: Answered by Paul Wheelhouse on 28 May 2013

To ask the Scottish Government how it will ensure (a) effective consultation with the Scottish Environment Protection Agency and Scottish Natural Heritage and (b) that proper consents and licences are obtained prior to development work on rivers containing the freshwater pearl mussel.

Question reference: S4W-14804

Asked by: Mary Scanlon, MSP for Highlands and Islands, Scottish Conservative and Unionist Party
Date lodged: Friday, 10 May 2013
Current Status: Answered by Paul Wheelhouse on 28 May 2013

To ask the Scottish Government what measures it is undertaking to ensure enforcement of the Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006 in order to protect freshwater pearl mussel beds in rivers.

The Environmental Impact Assessment (EIA) (Agriculture)(Scotland) Regulations 2006 came into force in Scotland on 1 January 2007 and constrain operations to carry out intensive agricultural operations on uncultivated or semi-natural land, or large scale restructuring projects on agricultural land, where the result would have a significant impact on the environment.

Freshwater pearl mussels are filter feeders and are therefore vulnerable to water pollution and the siltation of rivers. Projects which are covered by the EIA (Agriculture) (Scotland) Regulations 2006 and which could impact upon populations of freshwater pearl mussels include drainage works and the modification of watercourses.

EIA screening decisions on these types of projects are taken by rural payments and Inspections Division Area Offices who also carry out farm visits with land managers to check whether proposed activities fall within the EIA Regulation. Where activities are within the scope of the regulation they proceed to a formal screening which is recorded on the Scottish Government EIA register. The screening decision may require an Environmental Statement (full EIA) to be carried out. When this is submitted the project may be approved or rejected depending upon the impact identified.

Question reference: S4O-02165

Asked by: Mary Scanlon, MSP for Highlands and Islands, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 22 May 2013
Current Status: Taken in the Chamber on 29 May 2013

To ask the Scottish Government what action it is taking in light of the findings of the Audit Scotland report, Managing early departures from the Scottish public sector.

Question reference: S4W-14522

Asked by: Mary Scanlon, MSP for Highlands and Islands, Scottish Conservative and Unionist Party
Date lodged: Friday, 26 April 2013
Current Status: Answered by Paul Wheelhouse on 14 May 2013

To ask the Scottish Government what information will be required by the crofting register in terms of common grazings.

Question reference: S4W-14520

Asked by: Mary Scanlon, MSP for Highlands and Islands, Scottish Conservative and Unionist Party
Date lodged: Friday, 26 April 2013
Current Status: Answered by Paul Wheelhouse on 13 May 2013

To ask the Scottish Government how many entries there are in the crofting register.

As of 30 April 2013, one croft and five common grazings are registered in the Crofting Register. In addition to the one croft already registered, the Crofting Commission is currently processing a further nine applications.

Until 30 November 2010, crofts registered on a voluntary basis benefit from a 22% cost reduction when registered as a group of 10 or more crofts from a crofting township or when all of the crofts in a township with less than 10 crofts are registered jointly.

The Crofting Commission has issued draft registration packs to around 150 grazings committees. In addition to the five common grazings currently registered, Registers of Scotland have the forms which should permit a further eight grazings to be registered shortly.

The Crofting Commission and Registers of Scotland have planned further events to raise awareness of the Register. Awareness sessions are planned for Shetland and Caithness in early June 2013 and others will follow. Registers of Scotland has also arranged to take part in a number of events with the Scottish Crofting Federation over the summer, commencing in late May at the Dingwall Sheep Show.

Question reference: S4W-14524

Asked by: Mary Scanlon, MSP for Highlands and Islands, Scottish Conservative and Unionist Party
Date lodged: Friday, 26 April 2013
Current Status: Answered by Paul Wheelhouse on 13 May 2013

To ask the Scottish Government whether the first purchase of a tenanted croft will be registered in the crofting register.

According to current crofting legislation, crofts are expected to be registered following purchase when the first regulatory action takes place and the need for registration when regulatory action takes place will become mandatory from 1 December 2013. However, there is nothing to prevent registration of any croft on a voluntary basis and, indeed, until 30 November 2013 crofters can benefit from a 22% discount in the fee if registering as a group of 10 or more crofts from a township, or where all of the crofts in a township with fewer than 10 crofts register as a group.

Question reference: S4W-14525

Asked by: Mary Scanlon, MSP for Highlands and Islands, Scottish Conservative and Unionist Party
Date lodged: Friday, 26 April 2013
Current Status: Answered by Richard Lochhead on 13 May 2013

To ask the Scottish Government what alternative insecticides are available to treat oilseed rape if neonicotinoids are banned.

The European Commission’s restrictions would apply from 1 December 2013 to three out five neonicotinoids currently being used in agriculture. One neonicotinoid, thiacloprid is currently authorised for use on oilseed rape but is not included in the Commission’s restrictions, and could still be used on oilseed rape.

Several other products are also available for use on oilseed rape. Currently over 100 products are approved for oilseed rape, these are mainly pyrethroids, but also carbamates, pyridine and oxadiazine compounds. All of these alternatives are contact insecticides, applied as foliar sprays rather than systemic insecticides applied as seed treatments.

Question reference: S4W-14521

Asked by: Mary Scanlon, MSP for Highlands and Islands, Scottish Conservative and Unionist Party
Date lodged: Friday, 26 April 2013
Current Status: Answered by Paul Wheelhouse on 8 May 2013

To ask the Scottish Government whether common grazings will be treated as crofts in their own right in terms of the crofting register.