Chamber and committees

The Scottish Government does not have a target for levying financial penalties on farmers and crofters who over declare land in support of CAP subsidies (IACS). Any penalties that are applied arise from non-compliance with the definition of what constitutes eligible land and are calculated in accordance with a set formula. These aspects (definition and formula), however, are determined by European regulation and not by Scottish ministers.

Scotland’s Digital Future: Infrastructure Action Plan published on 31 January 2012 sets out the Scottish Government’s commitment and the steps we will take to deliver world-class, future proofed digital infrastructure across all of Scotland by 2020, with an interim milestone of delivering an uplift in speeds for everyone by 2015. Our procurement plan will seek to deliver a solution for the most rural and remote communities, including those living in so-called not-spot areas.

The Scottish Government will meet the full costs of creating the new Crofting Register under Part 2 of the Crofting Reform (Scotland) Act 2010, which is expected to become available for registration of crofts and other croft land later this year.

The government has also indicated its intention to provide a further £100,000 towards reducing the cost of registration for groups submitting 10 or more crofts for registration at the same time. In addition, the government is also funding the full costs of preparing and registering applications for common grazings and lands held runrig and the Crofters Commission has been asked to take this work forward. The government would encourage all those with an interest in common grazings to adopt a collaborative approach and to agree the boundary of the common grazing, shareholder details and any other information before applications for registration are submitted to the commission. This is an opportunity for common grazings to be entered on the new register when it becomes available at no cost to crofters, landowners or any other party with an interest in the grazing.

The Scottish Government has indicated that the cost of registering an individual croft on the new register is expected to be between £80 and £120. In maintaining the new register, the Registers of Scotland (RoS) is required to work on a cost-recovery basis and the Scottish Government is working with RoS to ensure that registration costs to crofters are kept to a minimum. Details of mapping requirements will be made available in advance of the register being commenced.

I refer the member to the answer to question S4W-05757 on 1 March 2012. 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.

As indicated in my ministerial statement on the creation of a network of Marine Protected Areas, which was laid in Parliament on 1 September 2010, the aim is to make significant progress towards identifying Nature Conservation MPA proposals to complete the network by the end of 2012. In accordance with section 103 of the Marine (Scotland) Act, Scottish ministers will report to Parliament on progress at the end of 2012, and then take decisions based on the recommendations and it is envisaged that a 12 week public consultation of MPAs proposed for designation will be held in 2013.

Marine Protected Areas and Special Areas of Conservation.

The EU Habitats Directive requires member states to designate locations for certain internationally important habitats and species as Special Areas of Conservation contributing to a EU wide network of protected areas.

The Marine (Scotland) Act 2010 (“the Act”) created new powers for Scottish ministers to designate Marine Protected Areas (MPAs) in Scottish territorial waters in order to protect marine biodiversity, geodiversity, the historic environment and in order to demonstrate or research new methods of sustainable resource use or management solutions. The MPA powers in the Act complement the powers in the Marine and Coastal Access Act 2009 to designate MPAs in offshore waters adjacent to Scotland to protect marine biodiversity and geodiversity. The powers in both Acts will be used in an integrated way to develop a MPA network that delivers our priorities for biodiversity and geodiversity at a national and international level.

The designation and management of SACs must comply with the requirements of the Habitats Directive, and the designation and protection of MPAs is governed by the duties and powers in the Marine Acts.

Case law of the European Court of Justice dictates that member states may not take account of economic, social and cultural requirements or regional and local characteristics when selecting and defining the boundaries of Special Areas of Conservation. The European Commission Guidance on Managing Natura 2000 Sites states that management measures should take account of economic, social and cultural requirements or regional and local characteristics subject to ensuring that deterioration of the location is avoided.

A science-led approach is being used to identify nature conservation MPA proposals with provision in section 68(8) of the Marine (Scotland) Act to take account of socioeconomics in decisions on designation. A series of workshops provides an opportunity for stakeholder interests to influence the design of the network including proposed alternatives and to highlight socioeconomic concerns and impact assessments of MPA proposals and equivalent provisions for demonstration and research MPAs are contained in section 71(3). MPAs will be managed on the basis of sustainable use with provision in section 68(8) and 71(3) to take account of socioeconomic impacts including displacement. There is no EU guidance on the inclusion of economic or socioeconomic factors when considering the designation and management of an MPA under national legislation.

Thirty third party proposals have been received, where 27 are for nature conservation and three are for demonstration and research. The only one in Shetland is the Fair Isle demonstration and research proposal from The Fair Isle Marine Environment and Tourism Initiative. Small Isles Community Council, Community of Arran Seabed Trust, Scottish Sea Angling Conservation Network, National Trust for Scotland, Marine Conservation Society, Whale and Dolphin Conservation Society and Hebridean Whale and Dolphin Trust (jointly submitted), and RSPB have submitted a total of 27 nature conservation MPA proposals. The two other demonstration and research MPAs have been proposed by Scottish Sea Angling Conservation Network and Lorn Environmental Action Forum.

I refer the member to the answer to question S4W-05752 on 1 March 2012. 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.

I refer the member to the answer to question S4W-05752 on 1 March 2012. 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

<>Five proposals for Special Areas of Conservation have been approved by Scottish Ministers for public consultation. This includes the Pobie Bank Reef approximately 12nm east of Shetland. Further details can be found at http://jncc.defra.gov.uk/page-4537. No MPA proposals have yet been finalised as work to develop an MPA network is still at the stage of identifying search locations. There is currently a search location near Fetlar in Shetland.

A full list of stakeholder interests that have attended, as well as those who have been invited but have not attended, MPA workshops is available online (http://www.scotland.gov.uk/Topics/marine/marine-environment/mpanetwork/engagement/attendees).