Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S5W-35385

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Thursday, 25 February 2021
Current Status: Answered by Ben Macpherson on 10 March 2021

To ask the Scottish Government whether it has considered (a) any evidence that the new generation of low frequency acoustic startle devices disturb and elicit the so-called startle reflex in (i) bottlenose dolphins and (ii) any cetacean, and (b) any evidence that the hearing thresholds of cetaceans and pinnipeds overlap.

There is currently only one acoustic startle device on the market. There is no empirical evidence on whether the acoustic startle device disturbs free ranging bottlenose dolphins or other cetaceans, although during field studies, harbour porpoise did not appear to avoid the device. The device operates at frequencies centred around 1 kHz and is designed to target seal hearing sensitivities. In a recent study using similar sounds, captive bottlenose dolphins were observed to be startled at this frequency, at sound source levels lower than the typical operating level of the device.

There is some overlap in the frequencies to which different marine mammal species are sensitive. Porpoises and dolphins have higher frequency hearing than seals, but overlap with seals at the lower end of their hearing range. Baleen whales (for example, minke whales) have lower frequency hearing than seals, but overlap with them at the upper end of their hearing range.

Question reference: S5W-35390

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Thursday, 25 February 2021
Current Status: Answered by Ben Macpherson on 10 March 2021

To ask the Scottish Government (a) for what reasons it has not published the European Protected Species (EPS) licence applications for fish farm acoustic deterrent devices (ADDs) submitted by the 15 January 2021 deadline for public scrutiny, but has published EPS licence applications for ADDs used for other purposes, (b) whether it will publish the EPS licence applications for fish farm ADDs, (c) how much time after publishing the EPS licence applications it will allow for public and scientific scrutiny, and (d) whether it still intends to complete the licencing process by 1 March 2021.

There are currently no applications for European Protected Species licences for the use of Acoustic Deterrent Devices at fish farms resulting from the review instigated last year by Marine Scotland. Marine Scotland will give due consideration to any European Protected Species licence applications that are submitted, based on the merits of each case.

In the spirit of openness and transparency, all EPS licences and applications will be placed in the public domain after a determination has been made.

Question reference: S5W-35386

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Thursday, 25 February 2021
Current Status: Answered by Ben Macpherson on 10 March 2021

To ask the Scottish Government whether it has any plans to revise its model for determining whether cetaceans can be restored to, or maintained at, Favourable Conservation Status, in light of any evidence that almost all farms which use acoustic deterrent devices (ADDs), use multiple ADDS and that the time for hearing injury to occur at a certain distance decreases pro rata with the number of ADDs used.

Under Article 17 of the European Union (EU) Habitats Directive, the UK was required to assess and report on the conservation status of species listed in Annexes I, II, IV and V. The most recent report was submitted in 2019 and the UK assessments can be found on the Joint Nature Conservation Committee website. The assessments set out the criteria and data taken into account in determining whether or not a species is considered to be in Favourable Conservation Status. See https://jncc.gov.uk/our-work/article-17-habitats-directive-report-2019/ for details

Regulation 3ZA of the Conservation (Natural Habitats) Regulations 1994 places a duty on Scottish Ministers to continue publishing assessments of conservation status every six years. There are no current plans to change the assessment methodology used.

Question reference: S5W-35307

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Thursday, 18 February 2021
Current Status: Answered by Paul Wheelhouse on 10 March 2021

To ask the Scottish Government how the ScotWind offshore wind leasing round might help secure supply chain investment.

Scotland is an ideal location for offshore wind, with substantial resources and opportunity for investment. An integral part of ScotWind are the Supply Chain Development Statements that applicants must complete and commit to when applying for a lease option. These statements will provide a transparent explanation of the supply chain content to be included within developments, with a view to maximising local content. Within the bounds of competition law, developers will face penalties if these commitments are not met.

ScotWind follows from our recent Sectoral Marine Plan for Offshore Wind Energy that has identified 15 Plan options, capable of delivering up to 10 GW in Scottish waters.

The ScotWind seabed leasing process is the next step in delivering economic and social benefit to Scotland whilst actively tackling climate change, developing a green recovery from the pandemic and building on our successful blue economy in Scotland.

Question reference: S5W-35391

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Friday, 26 February 2021
Current Status: Answered by Ben Macpherson on 10 March 2021

To ask the Scottish Government, in recognition of public concerns including the 30,000 signature petition against the use of acoustic deterrent devices, the lack of opportunity for public scrutiny of European Protected Species (EPS) licence applications and Marine Scotland’s scientific methodology, whether it believes that any farm could pass all three EPS licencing tests and whether it will agree to conduct an open and transparent consultation, overseen by a stakeholder committee including scientific, conservation and tourism interests before any EPS licences are granted.

We will give due consideration to any European Protected Species licence applications that are submitted on the merits of each individual case and taking account of all relevant factors. It would be inappropriate to pre-determine any part of this process.

There is no statutory requirement to undertake a public consultation process for individual EPS licence applications. However, in the spirit of openness and transparency, all EPS licences and applications will be placed in the public domain after a determination has been made alongside the reasons for our decisions.

Question reference: S5W-35392

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Friday, 26 February 2021
Current Status: Answered by Ben Macpherson on 10 March 2021

To ask the Scottish Government what its position is on whether increased cost or inconvenience could be considered a valid reason to claim that an alternative to the use of acoustic deterrent devises is not a "satisfactory alternative"; whether the separation distance between the nets on a double skinned anti-predator net can be increased where there are concerns about seals stressing farmed fish, and whether nets are available in mesh size and type which pose no more risk to mammals and birds than traditional nets.

Marine Scotland has published an information note and FAQs for operators of fish farms on the use of acoustic deterrent devices and the requirement for an EPS licence. This makes clear that reasons such as an increase in cost or inconvenience are not satisfactory reasons for why an alternative measure s has not been considered.

As well as causing direct injury and mortality to farmed fish and damage to cages and nets, the presence of seals close to the cages may cause stress and distress to the fish which may be a welfare concern for fish farm operators. Technical questions regarding net separation and mesh size would need to be assessed on a case by case basis in relation to EPS license applications.

A partnership project between Marine Scotland and Crown Estate Scotland has investigated non-lethal measures to address the problem of seal predation at fish farms, including new netting materials and anti-predator nets. The report considers options available, those requiring further development, and their potential for impacts on non-target species. The report will be published before the end of March 2021.

Question reference: S5W-35393

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Friday, 26 February 2021
Current Status: Answered by Ben Macpherson on 10 March 2021

To ask the Scottish Government what its position is on whether double skinned anti-predator nets, as called for by the Scottish Parliament's Environment, Climate Change and Land Reform and Rural Economy and Connectivity committees, and/or single nets of stronger, more rigid materials than traditional single nets represent "satisfactory alternatives" to acoustic deterrent devices.

Question reference: S5W-35384

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Friday, 26 February 2021
Current Status: Answered by Ben Macpherson on 10 March 2021

To ask the Scottish Government, further to the answer to question S5W-30448 by Mairi Gougeon on 15 July 2020, whether Cooke Aquaculture Scotland salmon farms use stronger, more rigid nets to enclose its stock than the Scottish Salmon Company farms and, if such nets are in use, what its position is on whether there are "satisfactory alternatives" to the use of acoustic deterrent devices.

Aquaculture companies use a range of non-lethal management measures to protect their stock including robust netting material and anti-predator nets. Information detailing the relative use of anti-predator or Seal-Pro nets by Cooke Aquaculture Scotland and the Scottish Salmon Company is provided in answer to S5W-35394 on 10 March 2021. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx .

A European Protected Species licence can only be granted provided that it meets three tests, including that there must be no satisfactory alternative. We will give due consideration to any European Protected Species licence applications that are submitted on the merits of each individual case and taking account of all relevant factors. It would be inappropriate to pre-determine any part of this process.

Question reference: S5W-35565

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Friday, 26 February 2021
Current Status: Answered by Jamie Hepburn on 9 March 2021

To ask the Scottish Government whether retail sellers of prams and other essential baby equipment are included in the list of essential retailers under its COVID-19 regulations, and what the reasons are for its position on this matter.

Only essential retail is able to remain open in an area which is categorised as Level 4. Non-essential retail is open in Level 3 areas and below. An updated list of Essential retailers came into force on the 26 December in regulations that responded to the emergence of a new strain of the virus.

Baby equipment stores are not currently included in the list of essential retail however can operate online and as a permitted collection service.

We consider these restrictions essential in response to the emergence of a new strain of the virus that we have seen spread much faster in parts of the UK, and to minimise longer-term impacts on both public health and our economy.

Question reference: S5O-05091

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Wednesday, 03 March 2021
Current Status: Taken in the Chamber on 10 March 2021

To ask the Scottish Government how it is protecting cetaceans from disturbance and injury caused by acoustic deterrent devices.