Chamber and committees

The former line between Nithviaduct and Maxwelltown is owned by British Railways Board (Residuary) Ltd andis currently being conveyed to Railway Paths Limited for use as part of theNational Cycle Network.

This scheme will not bedeveloped in such a way as to materially prejudice the reopening of the line torail services.

The recent removal of thetrack, therefore, has no bearing on the legal status of the land.

Marine mammals die every day from a wide range of causes, wash ashore and strand between high and low water. The carcases are dealt with on a case-by-case basis depending on individual circumstances.

In many instances, it is considered unnecessary to remove a carcass in view of the combination of long isolated stretches of coastline and low population density in many remote areas of Scotland. Such carcasses will be subject to a natural process of decomposition, which enriches biodiversity by providing a source of food for many scavenger species.

The exception will be where a particular carcass is considered to represent a potential nuisance or threat to public health or safety or amenity. In these circumstances, local authorities may consider removal under powers conferred by Section 122 of the Civic Government (Scotland) Act 1982 or Section 25 of the Local Government Planning (Scotland) Act 1982. In all such cases, it is important for the local authority to take account of local practicalities.

This is an operational matterfor Scottish Water. I have asked the Chief Executive to write to you with his response.

This funding has been allocatedon the basis of £100,000 per Rural Service Priority Area and will reach the CommunityPlanning Partnership (CPP) delivery agents through their relevant local authorities.It was for CPPs to decide how best to spend this money to meet local priorities,within the aims of the initiative and subject to measurable, targeted improvementsbeing reached and standard accountability. Targets have now been agreed betweenthe Scottish Executive and each of the eight CPPs involved. The Scottish Executivewill monitor these on a six-monthly basis.

The Solway Shellfish ManagementAssociation has two officers involved in enforcing the Solway Firth Regulated Fishery(Scotland) Order 2006.

Fishing for cockles in the Solwaywithout a licence granted by the association is an offence. Under Section 3 of theSea Fisheries (Shellfish) Act 1963, the association’s enforcement officers havepower to enforce restrictions and regulations made as part of an Order. In addition,they are able to report any instances of illegal fishing which they may observeto the Procurator Fiscal with a view to criminal prosecution.

A number of other agencies, includingthe Dumfries and Galloway Constabulary, the Health and Safety Executiveand the Scottish Fisheries Protection Agency have also been involved in a multi-agencyapproach to enforcing this Regulating Order.

No. The Crown Estate has noresponsibility for dealing with Royal Fish (i.e., whales 25 feet in length).

The Scottish Executive will continueto facilitate a multi-agency approach to enforcing the closure of the Solway Firth cocklefishery during its closed season.

The Scottish Executive has facilitateda multi-agency approach to the enforcement of the Solway Firth cockle fishery, involvingin particular the Solway Shellfish Management Association, Dumfries and GallowayConstabulary, the Health and Safety Executive, Dumfries and Galloway Council, theMarine and Coastguard Agency and the Scottish Fisheries Protection Agency (SFPA).By taking such steps as sharing intelligence and communicating jointly the key messageson the fishery, this approach has allowed for more coordinated and effective enforcement.Using the Police, Public Order and Criminal Justice (Scotland) Billwe are also seeking to make provisions to allow the SFPA to deploy its powers inrespect of Regulating Orders and to improve the ability of grantees to enforce RegulatingOrders. Our intention is that these powers should be in force in time for the nextcockle fishing season in the Solway.

Section 52(J) of the Children(Scotland) Act 1995 enables children who may have been misusing alcohol or drugs tobe referred to the children’s reporter. Statistics on referrals are collated andpublished by the Scottish Children’s Reporter Administration in line with the statutoryposition and in that light information on drug misuse alone is not available. Furtherinformation may be obtained from www.scra.gov.uk.

It is expected thatadditional provision will be made for 2007-08 but the details have yet to beestablished and these are the subject of current discussions.