Questions and answers

Question reference: S4W-22607

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Thursday, 25 September 2014
Current Status: Answered by Fergus Ewing on 8 October 2014

To ask the Scottish Government what assessment it has made of the risk of restoration and aftercare liabilities at operational open cast coal sites falling to the public sector if the operators go into liquidation.

There are currently twelve open cast sites in Scotland that are operational. Of those sites, nine are still producing coal and three are carrying out restoration and care/maintenance activities. Restoration and aftercare arrangements including financial guarantees are agreed between the operator and the planning authority as part of the planning process on a site-by-site basis.

Issues of restoration and aftercare for open cast sites were addressed as part of the Scottish Government’s consultation Opencast Coal Restoration: Effective Regulation, which invited views on revisions to planning policy and advice including Planning Advice Note 64: Reclamation of Surface Mineral Workings. The consultation closed on 27 February 2014. Two separate working groups have been established to take forward and develop and assess the responses to the consultation.

Question reference: S4W-22606

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Thursday, 25 September 2014
Current Status: Answered by Fergus Ewing on 8 October 2014

To ask the Scottish Government what assessment it has made of the total level of independent financial guarantees in place for restoration and aftercare of operational open cast coal sites.

There are currently twelve open cast sites in Scotland that are operational. Of those sites, nine are still producing coal and three are carrying out restoration and care/maintenance activities. Restoration and aftercare arrangements including financial guarantees are agreed between the operator and the planning authority as part of the planning process on a site-by-site basis.

Scottish Planning Policy states:

“Planning authorities should, through planning conditions and legal agreements, ensure that a high standard of restoration and aftercare is managed effectively and that such work is undertaken at the earliest opportunity. A range of financial guarantee options is currently available and planning authorities should consider the most effective solution on a site-by-site basis.”

Issues of restoration and aftercare for open cast sites were addressed as part of the cross-party Scottish coal industry taskforce through the Scottish Government’s consultation Opencast Coal Restoration: Effective Regulation, which invited views on revisions to planning policy and advice including Planning Advice Note 64: Reclamation of Surface Mineral Workings. The consultation closed on 27 February 2014.

The analysis from responses received for that consultation was published in July 2014 and is available at http://www.scotland.gov.uk/Resource/0045/00457043.pdf.

Two separate working groups have been established to take forward and develop and make assessment of the responses to the consultation.

Question reference: S4O-03596

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Wednesday, 01 October 2014
Current Status: Taken in the Chamber on 9 October 2014

To ask the Scottish Government whether it is aware of the lack of funding affecting the Men's 10k event in Glasgow run by the Men's Health Forum Scotland and what it can do to secure the future of the event.

Question reference: S4W-22398

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Monday, 18 August 2014
Current Status: Answered by Richard Lochhead on 11 September 2014

To ask the Scottish Government, further to the answer to question S4W-15595 by Richard Lochhead on 24 June 2013, whether it will provide an update on its position on regulating pub companies.

Over the last year Scottish Government officials have discussed this issue with various interests both for and against the introduction of regulating pub companies and have called for empirical evidence to support any possible change. To date, the contributions received have not provided sufficient evidence to enable Scottish Ministers to come to a definitive view, though we remain open to consider further evidence from those parties who would be affected by any introduction of legislation in Scotland on this issue.

Question reference: S4W-22133

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Wednesday, 16 July 2014
Current Status: Answered by Kenny MacAskill on 4 August 2014

To ask the Scottish Government what discussions it has had with Police Scotland concerning Operation Lingle; whether it approved plans to extend surveillance of the general public under Operation Lingle, and what consultation was carried out prior to Police Scotland's proposal that members of the public be encouraged to report people they think may be sex workers.

Question reference: S4O-03438

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Wednesday, 30 July 2014
Current Status: Taken in the Chamber on 6 August 2014

To ask the Scottish Government what legacy it expects to see from Pride House at the Commonwealth Games.

Question reference: S4W-22009

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Monday, 30 June 2014
Current Status: Answered by Fergus Ewing on 28 July 2014

To ask the Scottish Government whether it considers it appropriate for (a) the Department of Energy and Climate Change to issue licences or (b) planning consent to be granted for works related to the exploration and production of onshore oil and gas in (i) national parks, (ii) sites of special scientific interest, (iii) special protection areas, (iv) special areas of conservation, (v) local nature reserves and (vi) undesignated nature reserves and what the reason is for its position on this matter.

The power to issue licences for the extraction of petroleum is currently reserved to Westminster. However, with independence, the Scottish Parliament and the Scottish Government would be accountable for all policies in relation to unconventional oil and gas. It is not appropriate for the Scottish Government to give a view on the outcome of planning applications that have not been made, however, the Scottish Government is clear that there should be a level of protection afforded to all these areas (in some instances by legislation), and this is confirmed in Scottish Planning Policy (SPP). Such protection will need to be taken into account if an application for planning permission is ever submitted. SPP is clear that planning permission should be refused where the nature and scale of proposed development would have an unacceptable impact on the natural environment.

Question reference: S4W-22007

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Monday, 30 June 2014
Current Status: Answered by Fergus Ewing on 28 July 2014

To ask the Scottish Government what its position is on the impact on devolved areas of responsibility of the proposals in the Department for Energy and Climate Change's Consultation on Proposal for Underground Access for the Extraction of Gas, Oil or Geothermal Energy.

Question reference: S4W-22008

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Monday, 30 June 2014
Current Status: Answered by Fergus Ewing on 28 July 2014

To ask the Scottish Government what its position is on the acceptability of companies running pipelines under land for the exploration and production of onshore oil and gas without the permission of the landowner or resident or other occupier of the land.

Proposals for onshore oil and gas in Scotland will be considered through the normal planning process and the appropriate regulatory regimes, including the local authority, Scottish Environmental Protection Agency and Health and Safety Executive. Only once all necessary permissions are granted could an onshore oil and gas development proceed. Where permission cannot be agreed with landowners for underground access rights, operators have legal recourse to apply for access through provisions set out in the Mines (Working Facilities and Support) Act 1966 as applied by Section 7 of the Petroleum Act 1998.

Question reference: S4W-21990

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Friday, 27 June 2014
Current Status: Answered by Michael Matheson on 21 July 2014

To ask the Scottish Government whether it considers that Imperial Tobacco's Smoke Spots campaign is likely to have the effect of promoting tobacco use and, if so, whether it considers that it is in breach of Article 13 of the Framework Convention on Tobacco Control.

Article 13 of the World Health Organisation Framework Convention on Tobacco Control places an obligation on Parties to “undertake a complete ban of all tobacco advertising, promotion and sponsorship”.

The purpose of the Tobacco Advertising and Promotions Act 2002 (TAPA) is to prohibit any advert whose purpose is to promote tobacco products, or whose effect is to do so. Enforcement of TAPA rests with Trading Standards.

We will keep under review any activity which we think compromises TAPA.

Chamber and committees