Chamber and committees

As required by the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020, the report submitted on 1 March to Parliament on the use of ADDs at Scottish finfish farms includes a chapter on the sufficiency of existing monitoring of ADD use. A conclusion of this report is that the Scottish Government will work with the sector and regulators to establish a more systematic process for gathering information on ADDs where they are used at Scottish finfish farms.

There are currently no active applications for European Protected Species licences for the use of Acoustic Deterrent Devices at fish farms. Marine Scotland will give due consideration to any European Protected Species licence applications that are submitted, including the need to ensure the welfare of farmed fish, which are sentient animals protected by the Animal Health and Welfare (Scotland) Act 2006.

Under Article 17 of the European Union’s (EU) Habitats Directive, the UK was required to assess and then report upon the conservation status of European Protected Species. The most recent report was made in 2019 and the UK assessments can be found on the Joint Nature Conservation Committee’s website. NatureScot contributed to this work by providing assessments of European Protected Species in Scotland. The assessments set out the criteria and data taken into account in determining whether or not a species is considered to be in Favourable Conservation Status.

Since the UK left the EU there is no longer a requirement for the UK to report to the EU on the conservation status of European Protected Species.

Scottish domestic legislation was amended in preparation for EU Exit to ensure that Scotland continues to assess and report on the conservation status of European Protected Species. Regulation 3ZA of the Conservation (Natural Habitats) Regulations 1994 makes provision for reports on the implementation of the measures taken for the purpose of giving effect to the provisions of the Directives, including the Habitats Directive, which are required to be published every six years.

There are challenges in seeking to assess the extent to which people in Scotland are victims of online fraud. As with other types of crime, not all cases are reported to the police, whilst the term ‘online fraud’ can potentially encompass a wide range of incident types.

A series of questions on cyber fraud were first included in the 2018-19 Scottish Crime and Justice Survey, marking an important step in developing the evidence base on cyber-related crime in Scotland. Findings suggested that 4.8% of internet users had their online account accessed for fraudulent purposes in the 12 months prior to interview, whilst 4.5% had their card/bank account details stolen online. In relation to scams specifically, 4.5% of internet users said they had been a victim of a scam email, and 4.1% reported having been a victim of a scam phone call in the previous 12 months. The majority of victims of most types of cyber fraud and computer misuse did not report the incident to the authorities (for example the police, bank/credit card company and website/app administrator). When the crime was reported, only a small proportion of victims reported them to the police. Updated analysis will be published in the 2019/20 Scottish Crime and Justice Survey report on 16 March 2021.

Looking at a separate analysis of police recorded crime, a study within the 2018-19 National Statistics suggested that 28% of recorded frauds were cyber enabled (i.e. the internet was used as a means to commit the crime). This equated to around 2,690 crimes. The average age of a victim was 47 years old, which was similar to where cases weren’t cyber enabled (49 years old). Males and females were equally likely to be the victim of cyber enabled fraud (accounting for 50% of cases each). Further details from this study are available at: https://www.gov.scot/publications/recorded-crime-scotland-2018-19/ . Updated analysis on the estimated proportion of recorded fraud that is cyber enabled will be published in the 2020/21 recorded crime National Statistics in September 2021.

The Scottish Environment Protection Agency (SEPA) introduced a more stringent regulatory framework for marine finfish aquaculture in June 2019 following the recommendations of the Rural Economy and Connectivity Committee Salmon farming in Scotland report, and after extensive consultation with a wide-range of interests. The regulatory framework included measures to improve environmental compliance and to ensure the size of fish farms is better matched to environmental capacity.

The recent cyber attack on the SEPA means that it does not currently have access to statistics on the additional biomass that it authorised since November 2018. However, based on information in previous reports for farmed salmon between June 2019 and November 2020 SEPA approved approximately 25,000 tonnes of additional biomass under its new regulatory framework.

The Water Industry Commission grants water and sewerage services licences if it is satisfied that an applicant is able to perform adequately the activities authorised by the licence. Throughout the licence application process, the Commission reviews an applicant’s fitness by assessing:

• the knowledge, expertise and experience of the applicant; and
• its financial acumen and business viability.

The licence form ( https://www.watercommission.co.uk/view_Application_form_and_guidance.aspx ) sets out the Commission’s information requirements to be able to assess an application.

The Water Industry Commission for Scotland monitors licensed providers’ compliance with their licence by reviewing the complaints and enquiries that it receives from customers and other stakeholders. The Commission also liaises with the Scottish Public Services Ombudsman and licensed providers on a regular basis and may conduct market audits.

In the event of an alleged licence breach the Commission can open an investigation following the receipt of a complaint from a stakeholder or on the basis of its own initiative. Where there has been a licence contravention, the Commission can issue recommendations or enforcement notices. When reasonable and proportionate, the Commission may use its powers of investigation, impose financial penalties or decide to revoke the licence.

Regulation of the energy and telecoms sector are reserved to UK Government. In relation to water and sewerage charges, the Water Industry Commission for Scotland regulates the market and Licensed Providers have their own complaints processes which can be followed. If a customer is not satisfied having completed the complaints process, they can refer the issue to the Scottish Public Services Ombudsman.

I refer the member to the answer to question S5W-34730 on 29 January 2021. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx

The Scottish Government does not have direct responsibility for public toilets. The responsibility for public conveniences rests with the owner, which can be a variety of different bodies, such as local authorities, businesses, community organisations and tourist boards. The majority of public conveniences in Scotland are under private ownership, for example in shopping centres, rather than under local authority control.

At a summit on 14 September, the Cabinet Secretary for Rural Economy and Tourism met with a number of public bodies and national park authorities and asked that they examine potential solutions to tackling visitor management issues across Scotland. This group are exploring how they might make better use of collective public sector resource.

As well as this, the Scottish Government are also forecasting the continuation of the Rural Tourism Infrastructure Fund into 2021-22, which will complement the work of this group. So far the fund has contributed £9m over 3 years, levering in match funding, to support the installation of car parks, toilets and waste disposal facilities in rural hotspots.