- Asked by: Robin Harper, MSP for Lothians, Scottish Green Party
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Date lodged: Wednesday, 14 April 2010
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Current Status:
Answered by Stewart Stevenson on 23 April 2010
To ask the Scottish Executive, further to the answer to question S3W-32286 by Stewart Stevenson on 20 March 2010, what response it gives to advice from Scottish Natural Heritage, in determining whether an order made under the Harbours Act 1964 constitutes or includes a plan or project in terms of Part IV of the Conservation (Natural Habitats &c.) Regulations 1994, as amended, that such a plan or project is likely to have a significant effect on a European wildlife site.
Answer
As indicted in the previous answer to question S3W-32286 each case is dealt with on its individual merits and the response given to Scottish Natural Heritage advice would be determined by the nature of the specific issues and the advice provided.
- Asked by: Robin Harper, MSP for Lothians, Scottish Green Party
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Date lodged: Wednesday, 14 April 2010
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Current Status:
Answered by Stewart Stevenson on 23 April 2010
To ask the Scottish Executive, further to the answer to question S3W-32286 by Stewart Stevenson on 20 March 2010, by what criteria it decides whether an individual order made under the Harbours Act 1964 is a plan or project in terms of Part IV of the Conservation (Natural Habitats &c.) Regulations 1994, as amended.
Answer
No definition of a plan or project is given in the Conservation (Natural Habitats &c.) Regulations 1994. The European Court of Justice noted in the Waddenzee case (C-127/02) that project is not defined in the Habitats Directive, and took the view that the definition in Article 1(2) of the EIA Directive should apply to both Directives. A decision as to whether the application for an order contains a plan or project must be made on a case-by-case basis, guided by both the facts and circumstances of the application and precedent such as the Waddenzee case.
- Asked by: Robin Harper, MSP for Lothians, Scottish Green Party
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Date lodged: Wednesday, 14 April 2010
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Current Status:
Answered by Stewart Stevenson on 23 April 2010
To ask the Scottish Executive, further to the answer to question S3W-32286 by Stewart Stevenson on 20 March 2010, what response it gives to the advice of Scottish Natural Heritage in determining whether an order made under the Harbours Act 1964 constitutes or includes a plan or project in terms of Part IV of the Conservation (Natural Habitats &c.) Regulations 1994, as amended
Answer
I refer the member to the answer to question S3W-33174 on 23 April 2010. 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/Apps2/Business/PQA/Default.aspx.
- Asked by: Robin Harper, MSP for Lothians, Scottish Green Party
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Date lodged: Tuesday, 06 April 2010
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Current Status:
Answered by Richard Lochhead on 14 April 2010
To ask the Scottish Executive when the report, Entanglement of Minke Whales in Scottish waters: an investigation into occurrence, causes and mitigation, will be published and what engagement will be undertaken with stakeholders following its publication.
Answer
The Scottish Government hopes to receive this report in the near future and will publish it as soon as possible thereafter. We will wish to consider the contents of the report in detail before making decisions about any subsequent action.
- Asked by: Robin Harper, MSP for Lothians, Scottish Green Party
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Date lodged: Tuesday, 06 April 2010
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Current Status:
Answered by Richard Lochhead on 14 April 2010
To ask the Scottish Executive whether it will implement the recommendations in the report, Entanglement of Minke Whales in Scottish waters: an investigation into occurrence, causes and mitigation, and, if so, what resources will be made available to do this.
Answer
I refer the member to the answer to question S3W-33069 on 14 April 2010. 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/Apps2/Business/PQA/Default.aspx.
- Asked by: Robin Harper, MSP for Lothians, Scottish Green Party
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Date lodged: Wednesday, 10 March 2010
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Current Status:
Answered by Stewart Stevenson on 20 March 2010
To ask the Scottish Executive in what circumstances orders made under the Harbours Act 1964 (a) are and (b) are not considered to be plans or projects in terms of Part IV of the Conservation (Natural Habitats &c.) Regulations 1994, as amended.
Answer
Applications for an order to be made under the Harbours Act 1964 are considered on an individual basis to determine, amongst other things, whether or not the proposal for the order includes a plan or project for the purposes of Part IV of the Conservation (Natural Habitats &c.) Regulations 1994. If it does then consideration will be given as to whether any European site, as defined at regulation 10 of the Habitats Regulations, is likely to be significantly affected by what the plan or project seeks to achieve. Scottish Natural Heritage would normally be consulted to inform this consideration.
- Asked by: Robin Harper, MSP for Lothians, Scottish Green Party
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Date lodged: Thursday, 04 March 2010
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Current Status:
Answered by Nicola Sturgeon on 11 March 2010
To ask the Scottish Executive what its policy is regarding the closure of cottage hospitals in rural areas.
Answer
We are committed to providing healthcare services as locally as appropriate and possible.
Within the framework of national priorities and guidance, NHS boards are responsible for planning and providing local services and the infrastructure that supports them. In doing so they require to review services and facilities regularly to ensure that they continue to reflect local needs and to provide the best quality healthcare services. Where appropriate, they also need to redesign services in the interest of ensuring that they are modern and efficient. Boards normally undertake wide stakeholder engagement to help in developing options for redesign. They also require to carry out formal public consultation on any proposal for major service change. In such circumstances, ministers normally require to approve the proposals and they reserve the right to subject proposals to independent scrutiny.
- Asked by: Robin Harper, MSP for Lothians, Scottish Green Party
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Date lodged: Tuesday, 09 February 2010
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Current Status:
Answered by Richard Lochhead on 3 March 2010
To ask the Scottish Executive what advice and information it provides to the public on environmental rights, including rights that arise from the United Kingdom’s obligations under the Aarhus Convention.
Answer
Scottish Government and its agencies provide information on a wide range of environmental issues, including rights arising under the Aarhus Convention. It is not the role of Scottish Government to provide advice on the interpretation of legislation or on an individual''s legal rights under environmental legislation.
- Asked by: Robin Harper, MSP for Lothians, Scottish Green Party
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Date lodged: Tuesday, 09 February 2010
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Current Status:
Answered by Kenny MacAskill on 3 March 2010
To ask the Scottish Executive how many grants of civil legal aid in relation to environmental matters have been awarded in the last three years.
Answer
I refer the member to the answer to question S3W-31671 on 3 March 2010. 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/Apps2/Business/PQA/Default.aspx.
- Asked by: Robin Harper, MSP for Lothians, Scottish Green Party
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Date lodged: Tuesday, 09 February 2010
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Current Status:
Answered by Richard Lochhead on 3 March 2010
To ask the Scottish Executive what it considers that the effect would be of the revocation of a licence to construct works within the Scottish marine area where the licensed construction has already taken place.
Answer
A marine licence will be valid for the length of the agreed construction period. It is difficult to envisage a situation where a licence could be revoked once a licensed construction had taken place.
Where the licensed activity is of an ongoing nature then revocation, suspension powers through the Marine (Scotland) Act will have an effect.
