Chamber and committees

In order to expedite very lengthy inquiry proceedings, the reporters ensured that repetitive evidence was not permitted. In particular, evidence given at the strategy session was not permitted to be brought forward again at the subsequent local sessions. In addition to this it had previously been indicated to parties that consideration of health matters would be in the context of government policy and advice.

Circular 17-1998, Tribunals and Inquiries Act 1992: Planning and Compulsory Purchase Order Inquiries and Hearings: Procedures and Good Practice, points out that reporters will make full use of their powers to refuse to permit the giving or production of any evidence which they consider to be irrelevant or repetitious or which is directed to the merits of government policy.

In the opinion of the reporter, the content of Mr Coghill’s evidence, in effect, repeated the nature of the evidence which was the subject of thorough consideration during the course of the strategy session of the Beauly Denny inquiry. The reporter accepted that science is dynamic. Accordingly, it must be expected that during the course of an inquiry such as the Beauly Denny case, which from announcement to decision will extend over several years, there will be advances in many aspects of science and technology. However, there must be a closure to the gathering of evidence and he believed a suitable point in that respect was the ending of the Beauly Denny public inquiry sessions during December 2007. Clearly matters of exceptional significance which might subsequently arise cannot be ignored but he could see nothing in Mr Coghill’s evidence that would fall into such a category.

Insofar as it is clear that, whilst the appeal inquiry and the Beauly Denny inquiry are subject to separate legislation, the overall position is to be considered jointly by the Scottish ministers. The reporter was therefore satisfied that any relevant evidence on health and EMFs arising from evidence given to the Beauly Denny inquiry could be properly applied to the substation proposal.

With regard to Mr Coghill’s conclusions, the reporter noted that he recommended that the substation should be relocated to a more distant site and the entire line undergrounded. He also made reference, inter alia, to criminal and civil class actions. These matters are quite unrelated to the purpose of the appeal inquiry, the terms of which are clearly set out in the minute of appointment issued to the Reporter by the Scottish ministers. The reporter therefore accepted the submission by the appellant that the evidence was inherently irrelevant in the context of the planning appeal.

In his questioning of the current guidelines, a point which Mr Coghill emphasised in his response to the appellant’s submissions, the reporter perceived evidence which was directed to the merits of government policy.

Overall, the reporter concluded that Mr Coghill’s evidence was (a) repetitious, and did not add to the evidence presented to the Beauly Denny inquiry, b) irrelevant insofar as it dealt with matters unrelated to the particular subject matter of the inquiry, and (c) was directed to questioning government policy.

A copy of the reporter’s ruling will be placed in the Scottish Parliament Information Centre (Bib. number 45922).

Parties to the Beauly to Denny public local inquiry were advised that consideration of health matters would be in the context of government policy and advice.

The strategy session heard detailed evidence on matters related to concerns about health with Dr W Bailey speaking for the applicants and Professors DL Henshaw and MJ O’Carroll giving evidence for the objectors, Stirling Before Pylons. Mrs C Paterson, a member of Stirling Before Pylons and a lay member of the Stakeholder Advisory Group on Electric and Magnetic Fields (SAGE) also gave evidence on health for the objectors.

Three reports concerning health and electric and magnetic fields (EMFs) were published during the course of the inquiry: the SAGE report, the BioInitiative report, and a cross-party report in Childhood Leukaemia and Extremely Low Frequency EMFs. Parties were given the opportunity to make written submissions on these reports.

In the opinion of the reporter, the content of Mr Coghill’s evidence, in effect, repeated the nature of the evidence which was the subject of thorough consideration during the course of the strategy session of the Beauly Denny inquiry.

The Scottish Government is not aware of any specific research that relates to health effects of substations as opposed to pylons. Recent reports published are the Stakeholder Advisory Group on Extremely Low Frequency Electromagnetic Fields (SAGE) in April 2007 and The Cross Party Inquiry into Childhood Leukaemia and Extremely Low Frequency Electric and Magnetic Fields (ELF EMF) Report published in July 2007. The Scottish Government is considering the contents of these reports, in close liaison with our counterparts in other UK Government Departments and devolved administrations

The Scottish Government’s principal advisor on radiation and health is the Radiation Protection Division of the Health Protection Agency (HPA).

There is nothing in housing or homeless legislation that disadvantages local residents. It is for local authorities and registered social landlords to determine their own allocation policies within the framework of existing guidance, which aims to ensure that social housing is allocated on an objective assessment of housing need. The existing guidance makes it clear that both local connection and waiting time can be taken into account when allocating housing, providing the assessment of local connection is not determined by length of residence. Nothing in the guidance or legislation prevents landlords from operating separate allocation policies for different parts of their areas or from giving people with connections to specific communities priority for housing in that community.

The trunk roads maintenance budget is allocated on a prioritised needs-based approach which is informed by road condition surveys. This ensures that available maintenance funds are directed to where they provide best value for money.

In addition, on the A87 between Morriston Bridge and Kyle of Lochalsh work is planned for April 2008 to reconstruct sections of the carriageway edges and roadside verges along the route. Larger scale patching works are also under consideration for this financial year.

More generally, the A87 from Invergarry to Uig has attracted considerable investment in recent years. Total spend in 2006-07 and 2007-08 was in excess of £3 million. This is in addition to substantial sums spent on winter maintenance, grass cutting and other maintenance, which are not allocated to specific routes. Works in excess of £3.7 million are under consideration for financial year 2008-09, subject to the availability of funding.

A range of safety enhancements for pedestrians are included in the A835 Tore to Maryburgh Cycle Track contract which is expected to be awarded at the end of February 2008.

The notice issued by B²rd na G idhlig to the Scottish Executive in August 2006 specified that the Scottish Executive Gaelic language plan should be submitted to B²rd na G idhlig in August 2007. In common with other public bodies which have been asked to prepare statutory Gaelic language plans the then Scottish Executive sought, and was granted, an extension by B²rd na G idhlig. This extension was required to enable adequate time to consider the two key statutory documents published in May 2007, the National Gaelic Language Plan and Guidance on the development of Gaelic language plans, which public bodies must have regard to when preparing their Gaelic language plans. The extension also allowed the new Scottish Government time to consider the opportunities for Gaelic development which could be included in the Gaelic language plan. The Scottish Government intends to publish a draft Gaelic language plan for consultation shortly, with a view to submitting a final Gaelic language plan to B²rd na G idhlig for approval as soon as possible thereafter.

At this stage, no decisions have been taken about whether the CAP Health Check will increase funding available through national envelopes or allow for any such funding to be targeted geographically. We wish to ensure that full consideration is given to the potential for more flexible use of national envelopes and we are currently engaging with stakeholders to inform and develop our position on the European Commission''s Health Check proposals.

It is not possible to link road accidents directly to whether the road had been gritted, as this information is not recorded on the police accident report. However, the total number of reported injury accidents on the entire trunk road and motorway network between October and May (when the winter service is required to operate) was 1,460 in 2004-05 and 1,304 in 2005-06 (the two years before liquid salt was used on any trunk roads). This compares to 1,455 in 2006-07. During 2006-07, liquid salt was used only on trunk roads in the North West and South West Units.

The trunk road maintenance contracts are tendered on the basis of a single lump sum payment for the delivery of all operations, including management, salting and monitoring associated with the winter service. Consequently, it is not possible to identify the expenditure on any specific element, such as road de-icing.