- Asked by: John Scott, MSP for Ayr, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 18 January 2001
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Current Status:
Answered by Sam Galbraith on 1 February 2001
To ask the Scottish Executive, further to the answer to questions S1W-11971, S1W-11972 and S1W-11973 by Mr Sam Galbraith on 4 January 2000, what consideration it has given to the possibility that the Scottish Environment Protection Agency (SEPA) may have misinterpreted the law and consequently misled Scottish salmon farmers with regard to SEPA's powers and farmers' legal rights.
Answer
The Scottish Executive has recently become aware that certain offices of the Scottish Environment Protection Agency have until recently been issuing standard letters dating from before an amendment to section 34(2) of the Control of Pollution Act 1974. These letters suggest that a failure on the applicants' part to agree a period longer than four months to consider their application would result in a deemed refusal, whereas the amended legislation would merely give the applicants the option to treat it as such.The agency has issued guidance to staff to prevent the issue of any more of these standard letters.
- Asked by: John Scott, MSP for Ayr, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 18 January 2001
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Current Status:
Answered by Sam Galbraith on 1 February 2001
To ask the Scottish Executive whether the Scottish Environment Protection Agency has adequate resources to undertake its regulatory and monitoring functions relating to salmon farming in such a way that the agency's main aim of providing "an efficient and integrated environmental protection system for Scotland which will both improve the environment and contribute to the Government's goal of sustainable development" is achieved in relation to this particular area.
Answer
Yes. The Scottish Executive has given careful consideration to the resources which the Scottish Environment Protection Agency requires to carry out its regulatory and monitoring functions. As a result of this consideration, in the Spending Review announced in September 2000, the agency was awarded additional funding of £16.5 million for the three years 2001-02 to 2003-04. The agency's total resources over this period, including income from charges, will be about £123 million.
- Asked by: John Scott, MSP for Ayr, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 18 January 2001
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Current Status:
Answered by Sam Galbraith on 1 February 2001
To ask the Scottish Executive whether the Scottish Environment Protection Agency is achieving its aim of providing "an efficient and integrated environmental protection system for Scotland which will both improve the environment and contribute to the Government's goal of sustainable development", with particular regard to the Scottish salmon farming industry.
Answer
The salmon farming industry is relatively new and wishes to expand, and to use a range of chemicals. To do so it is seeking consents to discharge into the water environment. The Scottish Environment Protection Agency must reconcile these demands with its duties to protect the environment and to observe the requirements of EU legislation, such as the Dangerous Substances Directive (76/464/EEC). The Scottish Executive believes that the agency is carrying out this task effectively.
- Asked by: John Scott, MSP for Ayr, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 03 October 2000
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Current Status:
Answered by Jack McConnell on 24 January 2001
To ask the Scottish Executive what plans it has to set money aside to finance the settlement of any claims made against the Scottish Qualifications Authority by students who have been affected by problems with the handling of this year's exam results.
Answer
As I indicated in my response to question whether students had a right to compensation would be largely for the courts to determine and would depend on the circumstances of the individual case. The provision for any such claims would be a matter for the Scottish Qualifications Authority in the first instance.
- Asked by: John Scott, MSP for Ayr, Scottish Conservative and Unionist Party
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Date lodged: Monday, 21 August 2000
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Current Status:
Answered by Sarah Boyack on 22 January 2001
To ask the Scottish Executive, further to the answer to question S1W-3678 by Sarah Boyack on 26 January 2000, what other funding mechanisms it will investigate to fund the upgrading of the A77 if it decides that a Public Private Partnership approach does not offer value for money.
Answer
Should the PPP approach to procurement for the joint M77/Glasgow Southern Orbital Route project not provide value for money, funding for the M77 construction would fall on the Motorway and Trunk Road Programme, displacing other priorities.
- Asked by: John Scott, MSP for Ayr, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 13 December 2000
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Current Status:
Answered by Sam Galbraith on 4 January 2001
To ask the Scottish Executive whether the Scottish Environment Protection Agency has advised Scottish salmon farmers that if they do not agree in writing to an extension to the four-month consent determination period their consent is automatically refused or, alternatively, their failure to agree in writing could result in the application being automatically refused.
Answer
This is a matter for the Scottish Environment Protection Agency. The agency is a separate body from the Scottish Executive and information about such correspondence between it and salmon farmers is not held centrally.
- Asked by: John Scott, MSP for Ayr, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 13 December 2000
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Current Status:
Answered by Sam Galbraith on 4 January 2001
To ask the Scottish Executive whether the Scottish Environment Protection Agency is correctly interpreting the Control of Pollution Act 1974 section 34 (2) in the letters to salmon farmers seeking extension of the consent determination period with regard to the statements in the letters concerning dealing with applications within the four-month period and automatic refusal of applications.
Answer
This is a matter for the Scottish Environment Protection Agency. The agency is a separate body from the Scottish Executive and information about such correspondence between it and salmon farmers is not held centrally.
- Asked by: John Scott, MSP for Ayr, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 13 December 2000
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Current Status:
Answered by Sam Galbraith on 4 January 2001
To ask the Scottish Executive whether the Scottish Environment Protection Agency (SEPA) has been obliging Scottish salmon farmers to waive their legal right of appeal to the Scottish Ministers in respect of Discharge Consent Applications which they have not determined within the four-month period specified in SEPA's procedures manual.
Answer
This is a matter for the Scottish Environment Protection Agency. The agency is a separate body from the Scottish Executive and information about such correspondence between it and salmon farmers is not held centrally.
- Asked by: John Scott, MSP for Ayr, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 14 December 2000
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Current Status:
Answered by Ross Finnie on 3 January 2001
To ask the Scottish Executive what action it intends to take under Article 16 of the rural development regulations (EC No 1257/1999) in relation to compensation payments for management restrictions imposed to obtain environmental or conservation benefits.
Answer
The provision of compensation, under Article 16 of the EU Rural Development Regulation, for farmers who are operating under environmental restrictions is not mandatory. Responses to our consultation exercises did not identify this measure as a priority for investment, and I have no plans to introduce it in Scotland. Instead, support is provided from the agri-environment programme for producers who wish to adopt farming practices compatible with environmental conservation and improvement.
- Asked by: John Scott, MSP for Ayr, Scottish Conservative and Unionist Party
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Date lodged: Friday, 24 November 2000
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Current Status:
Answered by Peter Peacock on 8 December 2000
To ask the Scottish Executive what the current average value is of discretionary rebates on business rates for small businesses.
Answer
This information is not collected centrally.
