Chamber and committees

The following table details the number of sexual offences prevention orders that have been applied for and granted in each year since 2003, broken down by police force area.

Police Force	2003*	2004	2005	2006	2007	2008	2009
Central
Applied	1	0	1	1	3	6	5
Granted	1	0	1	1	3	6	5 (3 interim)
Dumfries and Galloway
Applied	0	0	0	0	0	0	1
Granted	0	0	0	0	0	0	1
Fife
Applied	0	0	3	5	2	5	5 (2 interim)
Granted	0	0	2	5	2	5	5 (2 interim)
Grampian
Applied	0	1	2	17	18	8	3
Granted	0	1	2	15	17	7	2
Lothian and Borders
Applied	1	2	4	3	9	7	11
Granted	1	2	4	3	9	7	11
Northern
Applied	2	2	6	4	5	4	5
Granted	2	2	6	4	5	4	5
Strathclyde
Applied	0	3	1	5	6	6	7
Granted	0	2	1	5	6	4	6
Tayside
Applied	1	2	0	1	1	5	4
Granted	1	2	0	1	1	4	4
Scotland
Applied	5	10	17	36	44	41	41 (2 interim)
Granted	5	9	16	34	43	37	39 (5 interim)

Note: * Sex offender orders under the Crime and Disorder Act 1998.

Sexual offences prevention orders will be strengthened by provisions in the Criminal Justice and Licensing (Scotland) Bill.

Since 2003, one person has been prosecuted and convicted under section 7 of the Criminal Law Consolidation (Scotland) Act 1995 (in 2006-07), and one person found not guilty (in 2007-08). There have been no prosecutions under sections 8, 9 and 10 of the Act since 2003. Formal police cautions do not apply in Scotland. The latest year for which data is available is 2007-08.

The Scottish Government published guidance on the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 in November 2006. The guidance is available on the Scottish Government website at http://www.scotland.gov.uk/Publications/2006/11/17153941/2.

Police forces have extensive guidance and training in place concerning child protection and offender management, which covers the 2005 act. Probationary training on child protection and offender management issues covers this legislation, ensuring that all new police staff will have an awareness of the legislation from the outset of their career. The legislation also forms a part of a number of specialised courses.

The Crown Office and Procurator Fiscal Service make comprehensive guidance available to all legal staff on the 2005 act. Their sexual offences training course also covers aspects of the act.

There was one person prosecuted in 2005-06, three in 2006-07 and one in 2007-08 under the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005. All resulted in a conviction except for the one in 2007-08. The crimes included grooming of children for sexual purposes and breach of risk of sexual harm orders. Formal police cautions do not apply in Scotland. The latest year for which data is available is 2007-08.

There have been no convictions in Scottish courts under the Criminal Justice (Scotland) Act 2003 section 22 recorded on the Scottish Government''s Court Proceedings Database.

Data supplied by the Crown Office and Procurator Fiscal Service identified one case where a person was proceeded against in relation to sex trafficking offences under Section 22 of the Criminal Justice (Scotland) Act 2003. Proceedings were subsequently discontinued following a review of the available evidence.

Formal police cautions do not apply in Scotland.

The latest year for which data is available from the Scottish Government''s Court Proceedings Database is 2007-08.

I refer the member to the answer to question S3W-29459 on 15 December 2009. 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.

The Habitats Directive came into force in 1992. Since 1994 two reports have been submitted by the UK Government to the EC as required by Article 17 of the Habitats Directive which include information on monitoring arrangements. These are:

The First Report by the UK under Article 17 on implementation of the Directive from June 1994 “ December 2000

The Second Report by the UK under Article 17 on implementation of the Directive from January 2001 “ December 2006

Both reports are available on the Joint Nature Conservation Committee''s website.

Bycatch of marine species, including whales, dolphins and porpoises is monitored via a sample-based monitoring scheme which is integrated with fishing activity (the UK Cetacean Bycatch Monitoring Scheme). Sample post mortems, through the UK Cetacean Strandings Co-ordination and Investigation Programme, provides data on incidental killing of marine species from other causes.

Other species are monitored through informal measures. A systematic review of existing surveillance coverage throughout the UK has been undertaken by the Joint Nature Conservation Committee (JNCC). The JNCC review showed that many of the bat species, otter, wild cat, great crested newt, smooth snake, sand lizard and dormouse are sufficiently widespread and abundant, to be exposed to risk of incidental capture and kill.

SNH is preparing a surveillance action plan which has identified a need to review the requirements for surveillance throughout Scotland. This is based on the review of the existing surveillance coverage undertaken by the JNCC.

I refer the member to the answer to question S3W-29452 on 14 December 2009. 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.

The Spiny Lobster, Palinurus elephas, is a species that is typically associated with rocky reefs. As part of the Fifth Quinquennial Review of the Wildlife and Countryside Act 1981, the Joint Nature Conservation Committee (JNCC) proposed Palinurus elaphus for protection in England and Wales only. It did not make any recommendation for protection of this species in Scotland. The Scottish Government is currently considering its response to JNCC''s proposals and has held preliminary discussions with Scottish Natural Heritage (SNH) in that connection.

A preliminary analysis of data from the Sea Mammal Research Unit (SMRU) observer programme (2007) estimated that about 370 km of netting is lost by UK fisheries annually, based on observations of 16,536 fleets of nets hauled between 1996 and 2007.