Chamber and committees

The Haemophilia Society has received grant funding under section 16B of the NHS (Scotland) Act 1978, amounting to £10,000 in each financial year from 1996-97 to 2005-06. The purpose of these grants is to offer the society a contribution to the costs of the support and information services it provides to people with haemophilia in Scotland.

The question posed relates to interpretation of the law and is one which cannot be satisfactorily resolved except through a judgement by a relevant court.

I have not yet decided whether the Scottish Executive will challenge interposed leases already agreed between landlords and private developers for wind farms on crofting land or estates which have not been sanctioned by the Crofters Commission. I am currently considering the matter. If the Scottish Executive does mount a challenge, it would be in relation to an existing lease.

We intend to bring forward the necessary legislation to allow implementation of section 24 of the Water Environment and Water Services (Scotland) Act 2003 by summer 2006.

We are not aware of any provision of the Crofters (Scotland) Act 1993 which could be interpreted as requiring a landowner to obtain Crofters Commission consent to a deal with private developers.

The Gaelic Language (Scotland) Act 2005 will be commenced as soon as possible after the designation of the Cathraiche and ordinary members of the statutory body to be created by the act, Bòrd na Gàidhlig. These members will take up appointment when the act comes into force.

The necessary public appointments process is presently under way. The Executive hopes its completion should allow for commencement of the 2005 Aact in February 2006.

We shall be consulting shortly on our intention to make provision during Stage 2 consideration of the Police, Public Order and Criminal Justice (Scotland) Bill to permit the enforcement of Regulating Orders by the Scottish Fisheries Protection Agency.

The Bill was introduced to the Scottish Parliament in September. It would require to be passed by the Scottish Parliament and to gain Royal Assent before it could be brought into force. Subject to parliamentary approval, the Bill is likely to be submitted for Royal Assent by summer 2006.

I can confirm that on 11 August 2005 an Inquiry Reporter undertook a site inspection into proposals to establish a finfish farm at Annat Bay, near Ullapool and subsequently provided a report to the Crown Estate Commissioners. This was carried out under the Interim Scheme for the Authorisation of Marine Fish Farms in Scottish Waters which is administered by the Crown Estate and under which an applicant who is unhappy with the initial decision of the Crown Estate can request the proposal be referred to the Scottish Executive Inquiry Reporters Unit, who appoint an inquiry reporter for this purpose. I understand that in this case the Crown Estate have circulated the report to statutory consultees prior to reaching a decision. Once the reporter’s recommendation is received it is for the Crown Estate, as relevant authority under the Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999, and competent authority under the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004, to decide on the suitability of the proposals. Questions about the content of the report should be addressed to the Crown Estate Commissioners.

The Crofters Commission does not have a duty to impose a tenant on any croft owner. The commission may require any croft owner (whether or not the owner is an absentee) to submit proposals for re-letting a vacant croft. If the owner fails to do so or the commission refuses to approve these proposals then the commission may re‑let the croft. As a matter of policy, the commission has exercised it’s discretion by not asking for re-letting proposals where the croft is occupied by either the former croft tenant or any successor in title to that former tenant.

We are currently considering the options for dealing with the issues arising from interposed leases in relation to crofting land that crofting communities wish to purchase under part 3 of the Land Reform (Scotland) Act 2003. We will make clear how it is proposed to proceed once it has been decided how best to address the issue.