Chamber and committees

It is a matter for the planning authority to satisfy themselves that all assessments have been undertaken appropriately and in accordance with all relevant legislation, taking into account advice from the statutory consultation bodies.

It is a matter for the planning authority to ensure that planning conditions are adequate. Conditions should meet the six tests set out in Circular 4/1998 on the Use of Planning Conditions in Planning Permissions, in that they are necessary, relevant to planning, relevant to the development to be permitted, enforceable, precise, and reasonable in all other respects.

Remediation has not been pursued as it would not have been practical and possibly even detrimental to attempt to remove silt from freshwater pearl mussel beds.

Freshwater pearl mussels are listed on Schedule 5 of the Wildlife and Countryside Act 1981 and, as such, are fully protected in Scotland. From 1998, it has been an offence to intentionally or recklessly kill, injure, take or disturb freshwater pearl mussels or to damage their habitat; to possess mussels or pearls collected since 1998; or to sell, or advertise for sale, freshwater pearl mussels or their pearls unless done under licence from the Scottish Government.

Freshwater pearl mussels are also a priority species for the Partnership for Action Against Wildlife Crime. Scottish Police wildlife crime officers and officers attached to the National Wildlife Crime Unit have been working with fishery bailiffs and others involved with rivers that hold the species to raise awareness of the need to protect the mussels from theft and damage.

There have been 72 suspected criminal incidents involving damage to Freshwater Pearl Mussel sites in Scotland over the past 14 years.

These have been recorded by Scottish Natural Heritage and the National Wildlife Crime Unit on a yearly basis as shown in the following table.

The relevant offence under the Wildlife and Countryside Act 1981 is:

Section 9(4)(a) - intentionally or recklessly damaging, destroying or obstructing access to any structure or place which any wild animal included in Schedule 5 uses for shelter or protection.

The freshwater pearl mussel was given legal protection when it was added to Schedule 5 of the Wildlife and Countryside Act 1981 (WCA) in 1991. The Crown Office and Procurator Fiscal Service (COPFS) is responsible for holding records for prosecutions in relation to freshwater pearl mussels under the WCA dating from 2002, though there have been no such prosecutions since then. Records held by the Scottish Government on cases involving offences under Schedule 5 of the WCA do not identify the species concerned.

There have been two cases reported to COPFS in relation to offences involving freshwater pearl mussels under the WCA since 2002. In one of those cases there was insufficient evidence to prosecute the individual reported.

The other case proceeded by way of prosecution under the Water Environment (Controlled Activities) (Scotland) Regulations 2005, Regulation 5 and 40(1)(a) and the Water Environment and Water Services (Scotland) Act 2003 Section 20(3)(a) which also recognised the damage to the Freshwater Pearl Mussels. This case resulted in fines being imposed on two individuals and a company, totalling £15,000.

The offering of appointments is an operational matter for individual NHS boards based on where their services are provided for example a specific service may only be available in one hospital or at a regional service. However in offering patients appointment choices we expect Boards to take account of Scottish Government guidance on both waiting times and good practice booking.

The cost of providing care in a local authority care home is a matter for each individual local authority. Section 22 of the National Assistance Act 1948 requires local authorities to set fees in their homes at the full cost of providing the care.

The level of payment for an older person funded by a local authority in a care home in the independent sector is agreed between Convention of Scottish Local Authorities and the independent sector.

The information requested is available from the Scottish Parliament Information Centre (Bib. number 54841).

All agricultural pesticides are tightly regulated under European legislation to protect people and the environment. The risk assessment process, set out in the legislation, looks in detail at the risks to honey bees. The regulatory process is constantly updated so that it advances with scientific knowledge.

The Code of Practice for Using Plant Protection Products in Scotland is an important source of practical advice for the safe use of pesticides for farmers and all other professional users of pesticides.

Under a Scottish Government funded budget, staff at Scotland’s Rural College have provided extensive advice to farmers on the safe use of neonicotinoids, including notifying beekeepers prior to their use, as well as being strongly advised to follow label recommendations.