Chamber and committees

The governance applied to the Marine Fund Scotland will deliver on the Future of Fisheries Management policy document published last December. This will provide a clear framework to manage fisheries, balancing environmental, social and economic interests, adopting an ecosystems approach to fishing which follows the science.

This approach will ensure that all sea fisheries catching activity is in balance with the available opportunity in the exploitation of wild fisheries stocks. In addition, scallop dredge fishing activity is also controlled by other measures such as the limited availability of licence entitlements which have been capped following the removal by Marine Scotland of latent unused licences ensuring there is no increase in scallop dredge capacity.

As live music takes place in a variety of settings, different guidance is applicable for different scenarios. The guidance for the performing arts and venues sector was most recently updated on 1 June 2021 and that for the events sector on 26 May 2021.

Performing arts venues can reopen in areas in protection levels 0 to 2, and both indoor and outdoor events can take place in levels 0 to 2. Such activity must follow the measures, mitigations and capacity limits as detailed in the performing arts guidance ( Coronavirus (COVID-19): guidance for the performing arts and venues sector - gov.scot (www.gov.scot) ) and the events guidance ( Coronavirus (COVID-19): events sector guidance - gov.scot (www.gov.scot) ).

Separate guidance is also available for calculating capacities - Coronavirus (COVID-19): calculating physical distancing capacity in public settings - gov.scot (www.gov.scot) and for applying for approval for to exceed the capacity limits in the published protection levels -

Coronavirus (COVID-19) stadia and live events guidance - gov.scot (www.gov.scot) .

Live background music in hospitality settings is permitted at levels 0 – 2. Any such activity must be done in accordance with the tourism and hospitality guidance, updated on 26 May ( Coronavirus (COVID-19): tourism and hospitality sector guidance - gov.scot (www.gov.scot) ).

The Scottish Government continues to work with the live music sector to inform guidance and advise on its application.

Transport Scotland continues to work collaboratively with ScotRail to increase the number of cycle spaces on board passenger services on Scotland’s Railway.

Details of when the planned increase in cycle capacity on ScotRail trains will take place, broken down by route and train class is available from the Scottish Parliament Information Centre (Bib. number 62443).

The release of red-legged partridges and pheasants is a legal activity and is expressly permitted under the Wildlife & Countryside Act 1981.

At present there is no evidence that gamebirds are having an impact on the features of protected areas as shown by NatureScot’s Site Condition Monitoring work and little information to suggest that they are having an impact on Scotland’s wider natural heritage. The Scottish Government therefore has no current plans to legislate in this area.

We continue to keep all measures under close review. Live background music is currently permitted at wedding receptions operating at 1 metre physical distancing from level 2, but full live band entertainment is only permitted in settings operating under performing arts or events guidance at 2 metre physical distancing from level 2 at this time. Dancing is not permitted at this time, except for the first dance by the marrying couple and the parents of the marrying couple where they reside in the same household. Physical distancing requirements are a key factor in determining when these activities can fully return to wedding receptions and as the First Minister confirmed in the statement to Parliament on 11 May, a review of this is currently underway and will report back shortly.

As stated in the answer to question S5W-34151 on 13 January 2021, work on establishing the taskforce was paused because of the need to focus on the ongoing COVID-19 pandemic and other priorities, including EU exit. However, we expect the taskforce to be established later this year and will provide further details in due course.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

The Scottish Government is developing policy to deliver our manifesto commitment to ban the sale of peat related gardening products, and is already working with the horticulture industry to understand the challenges for transition to alternative growing media.

At present there is little evidence to show that gamebirds are causing damage to protected areas in Scotland, however NatureScot will continue to monitor the situation closely.

Gamebird releases within European protected sites are controlled through the Operations Requiring Consent (ORC) list. This means that land managers need to apply to NatureScot for consent to release gamebirds within the boundaries of Sites of Special Scientific Interest (SSSIs), where this may have an impact on the special features of nature conservation interest on the site. If the SSSI overlaps with a Natura site (which can be either a Special Protection Area or a Special Area of Conservation), NatureScot must carry out a Habitats Regulations Appraisal before consent can be given.

NatureScot’s Site Condition Monitoring Programme measures the health of the notified features across all of Scotland’s protected areas, including European sites. The Programme also identifies underlying causes for unfavourable condition of features in order to inform management actions. Gamebirds are mentioned in around 0.2% of these assessments and gamebird releases have not been identified as the cause of any features on protected sites being in unfavourable condition.

The majority of terrestrial Special Protection Areas (SPAs) and Special Areas of Conservation (SACs) in Scotland are co-designated with and underpinned by Sites of Special Scientific Interest (SSSIs). Where the release of game birds on an SSSI is potentially damaging, it is listed by NatureScot as an operation requiring consent.

In considering any application for such consent, NatureScot must fulfil the requirements of the Conservation (Natural Habitats, &c.) Regulations with regard to the assessment of the implications of plans or projects for European sites.

NatureScot has advised that to date, two applications for consent to release game birds on an SPA or SAC have been received. The assessments concluded that there would be no adverse effect on the sites’ integrity.

There are offences of intentional or reckless damage to SSSIs, SPAs and SACs. Scottish Ministers can also make Nature Conservation Orders to prohibit the carrying out of operations on or near these sites for the purposes of conserving any natural feature for which such land is designated, or is otherwise considered by the Scottish Ministers to be of special interest.

Industry has made good progress towards implementing Scotland’s Deposit Return Scheme (DRS), including the establishment of Circularity Scotland Ltd and its approval by Ministers as a scheme administrator.

Nevertheless, we recognise the unique and significant pressures that COVID-19 has placed on relevant sectors over the past year. That is why we have commissioned an independent Gateway Review into the go-live date for DRS.