Chamber and committees

As stated in Parliament previously, the Scottish Government has no powers to restrict the operations of freight trains on the rail network.

Night time operation of freight trains is a commercial matter for the consideration of rail freight operating companies and their customers.

Overnight coal trains on the Stirlin- Alloa-Kincardine Railway have not ceased.

Due to reduced demand for coal at Longannet Power Station, fewer coal trains were required recently to support the demand of the power station.

I gave a commitment to you on 20 February 2012, during discussion of a question tabled by Annabel Goldie (S4O-00632) that I would consider the issue of a helpline.

As I said in the answer to question S4W-03588 on 11 November 2011, the Scottish Workforce and Staff Governance Committee discussed the issue of a helpline during the development of the Implementing and Reviewing Whistleblowing Arrangements in NHSScotland PIN Policy. The Committee concluded that a helpline was not required at that stage.

The policy, which was published in December 2011, provides up to date guidance which aims to ensure that staff can safely raise concerns where they are witness to risk, malpractice or wrongdoing that affects others. We need to allow a reasonable period of time for the new PIN Policy to bed in before we can begin to monitor its effectiveness. I will, however, ask the Scottish Workforce and Staff Governance Committee to revisit the issue of a helpline in the light of implementation of the new PIN Policy and report back to me before the end of the year.

All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

The precautionary guideline values produced by The World Health Organization (WHO), as published within Night Noise Guidelines for Europe (2009), do not form any part of the trigger criteria for night-time noise mitigation.

The threshold for SAK is the same as was adopted for Edinburgh Airport Rail Link (EARL), Edinburgh Tram and Airdrie to Bathgate and is therefore consistent with the approach approved by Parliament during the consideration of these acts. The night-time noise threshold for mitigation on the SAK route is 82dB LAmax, fast more than twice in any one hour during the hours of 11pm and 7am.

Parliamentary consideration of acts for new railway projects has led to the establishment of threshold levels for noise mitigation. In relation to the Stirling Alloa Kincardine rail line, all properties that meet the following trigger levels are being offered acoustic barriers irrespective of whether they are located at an area of new or previously existing railway line.

The day time threshold for mitigation is that the average of all noise over an 18 hour period must exceed 55dB(A) and be more than a 5dB(A) greater than the pre existing ambient noise level. Here the average means a calculated equivalent constant energy level.

The night time threshold is that a maximum level of noise must exceed 82dB LAf,Max more than twice in any hour.

Eligibility for compensation is considered by Network Rail in their role as operators of the infrastructure, and this is assessed under Part 1 of the Land Compensation (Scotland) Act. As part of this consideration, the distinction is made as to whether a railway line is new or existing. It is unlikely a claim from a resident living beside an existing railway line will be successful in a claim for compensation.

The statistics collected by the Scottish Executive on the work of liquor licensing boards are available on-line at:

http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justice/PubLiquor.

The collection was discontinued between 2008 and 2009 during the transition period to a new legislative framework as a result of implementing the Licensing (Scotland) 2005 Act. The latest published figures for 2010-11 reflect the first full year of operation under the new licensing arrangements which came into force in September 2009. Most local authority licensing boards have put in place new IT systems to manage the implementation of the 2005 act and there may be issues of comparability until a longer run of data becomes available. At this stage, it is difficult to meaningfully compare these figures over time due to changes in the way licences are being administered under current licensing arrangements (for instance, single licences for premises which were previously subject to multiple licences, and registered clubs coming under the responsibility of licensing boards rather than sheriff courts).

The provisions of section 2 of the Alcohol etc. (Scotland) Act 2010 that limit discounts by setting a minimum price for packages containing more than one alcoholic product are applicable only where each alcoholic product in the package is available for sale individually on the premises.

This is clear from the legislation itself, the explanatory notes and the statutory guidance that supports the act. Accordingly that is the advice that has been offered to traders affected by the legislation.

The Scottish Government has been clear that to have full effect these provisions need to be supported by the setting of a minimum price for a unit of alcohol.

The statistics collected by the Scottish Executive on the work of liquor licensing boards are available on-line at:

http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justice/PubLiquor.

The collection was discontinued between 2008 and 2009 during the transition period to a new legislative framework as a result of implementing the Licensing (Scotland) 2005 Act. The latest published figures for 2010-11 reflect the first full year of operation under the new licensing arrangements which came into force in September 2009. Most local authority licensing boards have put in place new IT systems to manage the implementation of the 2005 act and there may be issues of comparability until a longer run of data becomes available. At this stage, it is difficult to meaningfully compare these figures over time due to changes in the way licences are being administered under current licensing arrangements (for instance, single licences for premises which were previously subject to multiple licences, and registered clubs coming under the responsibility of licensing boards rather than sheriff courts).

The statistics collected by the Scottish Executive on the work of liquor licensing boards are available on-line at http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justice/PubLiquor.

The collection was discontinued between 2008 and 2009 during the transition period to a new legislative framework as a result of implementing the Licensing (Scotland) 2005 Act. The latest published figures for 2010-11 reflect the first full year of operation under the new licensing arrangements which came into force in September 2009. Most local authority licensing boards have put in place new IT systems to manage the implementation of the 2005 act and there may be issues of comparability until a longer run of data becomes available. At this stage, it is difficult to meaningfully compare these figures over time due to changes in the way licences are being administered under current licensing arrangements (for instance, single licences for premises which were previously subject to multiple licences, and registered clubs coming under the responsibility of licensing boards rather than sheriff courts).

The statistics routinely collected and published annually by the Scottish Executive on the work of liquor licensing boards are available on-line at

http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justice/PubLiquor.