- Asked by: Liam McArthur, MSP for Orkney, Scottish Liberal Democrats
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Date lodged: Tuesday, 02 March 2010
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Current Status:
Answered by Richard Lochhead on 15 March 2010
To ask the Scottish Executive on what date consultants were commissioned to undertake the strategic environmental assessment for offshore wind in Scottish territorial waters.
Answer
The SEA was taken forward in two parts. The first part; a screening and scoping assessment, was taken forward within government in spring 2009 and consulted on with key stakeholders. This assessment has been publicly available since June 2009.
The second part of the process; the production of an Environment Report, could only be commissioned after completion of the screening and scoping and after following Official Journal of the European Union contract requirements. The consultants, Halcrow, were commissioned on 24 November 2009.
- Asked by: Liam McArthur, MSP for Orkney, Scottish Liberal Democrats
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Date lodged: Friday, 29 January 2010
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Current Status:
Answered by Richard Lochhead on 11 February 2010
To ask the Scottish Executive whether it will list those public authorities to which section 72 of the Marine (Scotland) Bill will apply.
Answer
I refer the member to the answer to question S3W-31225 on 10 February 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: Liam McArthur, MSP for Orkney, Scottish Liberal Democrats
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Date lodged: Friday, 29 January 2010
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Current Status:
Answered by Richard Lochhead on 10 February 2010
To ask the Scottish Executive whether it will list those public authorities that will be subject to the duty in section 11(1) of the Marine (Scotland) Bill to take authorisation or enforcement decisions in accordance with the appropriate marine plans unless material considerations indicate otherwise.
Answer
The Scottish Government cannot say definitively which authorities will be covered but does not think that there will be many cases where there will be any real doubt as to whether an authority is covered or not.
- Asked by: Liam McArthur, MSP for Orkney, Scottish Liberal Democrats
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Date lodged: Friday, 29 January 2010
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Current Status:
Answered by Richard Lochhead on 10 February 2010
To ask the Scottish Executive, further to the answer to question S3W-30269 by Richard Lochhead on 27 January 2010, whether it will give an example of an Act in which the term public authority is undefined that might serve as a precedent to determine the meaning of the expression in the Marine (Scotland) Bill.
Answer
Acts frequently refer to public authorities without listing which authorities are covered, or defining them in detail.
The Human Rights Act 1998 is a good example. It contains no list or basic definition of public authority, and there is case law relative to the meaning of public authority in that act.
- Asked by: Liam McArthur, MSP for Orkney, Scottish Liberal Democrats
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Date lodged: Friday, 29 January 2010
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Current Status:
Answered by Richard Lochhead on 10 February 2010
To ask the Scottish Executive whether it will list those public authorities that will be required to comply with the requirements of section 71 of the Marine (Scotland) Bill by virtue of section 71(1) of that Bill.
Answer
I refer the member to the answer to question S3W-31225 on 10 February 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: Liam McArthur, MSP for Orkney, Scottish Liberal Democrats
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Date lodged: Friday, 29 January 2010
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Current Status:
Answered by Richard Lochhead on 10 February 2010
To ask the Scottish Executive, further to the answer to question S3W-30269 by Richard Lochhead on 27 January 2010, whether the group of public authorities to which the Marine (Scotland) Bill will apply will be most similar to the group of bodies defined as public authorities in (a) section 6(3) of the Human Rights Act 1998, (b) section 3 of the Freedom of Information (Scotland) Act 2002, or (c) section 322 of the Marine and Coastal Access Act 2009 or defined as public bodies or office-holders in section 58 of the Nature Conservation (Scotland) Act 2004.
Answer
The Scottish Government is of the view that any authority which is public for the purposes of the legislation referred to and which has devolved functions is also likely to be a public authority for the purposes of the bill.
- Asked by: Liam McArthur, MSP for Orkney, Scottish Liberal Democrats
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Date lodged: Monday, 21 December 2009
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Current Status:
Answered by Richard Lochhead on 27 January 2010
To ask the Scottish Executive what the reasons are for appeals against decisions under section 22 of the Marine (Scotland) Bill being referred to a Sheriff Court rather than the Scottish Executive Inquiry Reporters Unit.
Answer
The Directorate for Planning and Environmental Appeals have a key role in determining appeals to Scottish ministers arising from decisions taken by other public bodies, mainly planning authorities.
In the present context, where an appeal is to be taken against a decision made by the Scottish ministers, it is proposed that any such appeal be heard by the courts.
- Asked by: Liam McArthur, MSP for Orkney, Scottish Liberal Democrats
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Date lodged: Monday, 21 December 2009
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Current Status:
Answered by Richard Lochhead on 27 January 2010
To ask the Scottish Executive what the definition is of public authority under the Marine (Scotland) Bill.
Answer
It is not common practice to define the term public authority in a bill. The absence of such a definition is in line with other legislation and not expected to cause any problems in practice.
- Asked by: Liam McArthur, MSP for Orkney, Scottish Liberal Democrats
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Date lodged: Monday, 21 December 2009
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Current Status:
Answered by Richard Lochhead on 26 January 2010
To ask the Scottish Executive how it will ensure that the powers provided under section 18(3) and (4) of the Marine (Scotland) Bill will not be used to require private sector organisations to collect information for generic public use beyond that required to support development applications.
Answer
The provisions within Section 18(3) and (4) allow Marine Scotland to collect information only for the purposes of allowing the effective consideration of an application and to make informed decisions when issuing a licence, attaching conditions to a licence or refusing a licence.
- Asked by: Liam McArthur, MSP for Orkney, Scottish Liberal Democrats
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Date lodged: Monday, 21 December 2009
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Current Status:
Answered by Richard Lochhead on 26 January 2010
To ask the Scottish Executive which types of projects will not be required to comply with section 17B of the Marine (Scotland) Bill and will therefore not be prescribed under section 17A.
Answer
I refer the member to the answer to question S3W-30262 on 26 January 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.
