- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 28 May 2025
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Current Status:
Answered by Jenni Minto on 10 June 2025
To ask the Scottish Government what assessment it has made of any potential data privacy implications of retaining DNA and tissue samples without explicit consent, particularly in relation to compliance with existing privacy and data protection legislation.
Answer
The Scottish Government does not retain any DNA or tissue samples. It is for other bodies to ensure compliance for their interest.
Health Boards are responsible for ensuring that correct processes and regulations are followed for any retention of samples, for example, following post-mortem examinations, including compliance with the appropriate privacy and data requirements.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 28 May 2025
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Current Status:
Answered by Fiona Hyslop on 10 June 2025
To ask the Scottish Government what information it holds on the average processing time for Blue Badge applications in the Scottish Borders, and how this compares with other local authority areas.
Answer
Transport Scotland does not hold the data on the average processing times for Blue Badges. However, Transport Scotland does recommend that local authorities should regularly update and highlight their estimated wait and/or processing times to applicants.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 28 May 2025
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Current Status:
Answered by Jenni Minto on 10 June 2025
To ask the Scottish Government what policies and procedures are in place regarding the storage, use, and disposal of tissue samples from non-suspicious deaths, and what safeguards exist to ensure that the consent and rights of the next of kin are respected.
Answer
Part 2 of the Human Tissue Act (Scotland) 2006 makes provision for post-mortem examinations for non-suspicious deaths including the requirement that any hospital-arranged post-mortem may only be carried out if authorisation is obtained from the nearest relative of the deceased or the deceased themselves in advance of death.
Failure to comply with the 2006 Act is an offence. Any authorisation given under the 2006 Act may also include such conditions as the party authorising the matter specifies, such as agreement to retain tissue samples as part of the medical record. It is the duty of those carrying out any authorised activity to do so, in so far as reasonably practicable, in accordance with the specified conditions.
The consent of the nearest relative is not required for a Procurator Fiscal-instructed post-mortem, however the views of the family will be taken into account when making a decision on whether or not to instruct a post-mortem.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 03 June 2025
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Current Status:
Answered by Alasdair Allan on 10 June 2025
To ask the Scottish Government what guidance is currently in place to inform ministers’ decisions when they depart from the recommendations of a public inquiry reporter in renewable energy cases.
Answer
There is no guidance in place for Scottish Minsters to specify how to consider the recommendations of a public inquiry reporter in renewable energy cases.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 03 June 2025
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Current Status:
Answered by Alasdair Allan on 10 June 2025
To ask the Scottish Government what weight is given to (a) local authority planning refusals and (b) the findings of a public inquiry reporter in a final ministerial decision on renewable energy developments.
Answer
Ministers do not apply predetermined weightings to any information when determining applications for Energy Consents.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 03 June 2025
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Current Status:
Answered by Alasdair Allan on 10 June 2025
To ask the Scottish Government, further to its response to an Environmental Information (Scotland) Regulations 2004 request on 22 April 2025 (reference 202500456071), whether any decisions made by the Scottish Ministers to approve renewable energy applications against the recommendations of public inquiry reporters were based on Scottish Government policy priorities, and, if so, which policies were cited in each instance.
Answer
I refer the member to the answer to question S6W-38137 on 10 June 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 03 June 2025
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Current Status:
Answered by Alasdair Allan on 10 June 2025
To ask the Scottish Government, further to its response to an Environmental Information (Scotland) Regulations 2004 request on 22 April 2025 (reference 202500456071), how many of the 44 public inquiries into renewable energy applications held since January 2020 related to developments located within the Scottish Borders local authority area.
Answer
Of the 44 public inquiries into renewable energy applications held since January 2020, 4 related to developments located within the Scottish Borders local authority area. Case references WIN-140-5; WIN-140-6; WIN-140-8 and WIN-170-2007 refer and can be viewed here: Scottish Government - Planning and Environmental Appeals Division (DPEA).
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 03 June 2025
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Current Status:
Answered by Alasdair Allan on 10 June 2025
To ask the Scottish Government how it ensures that the views of local communities, as expressed during public inquiries and local planning processes, are given full consideration when ministers make a final decision on renewable energy applications.
Answer
Energy Consents applications are assessed on a case-by-case basis, with all relevant information considered to ensure balanced decision-making. This includes environmental information, consultee responses and if applicable, the inquiry report.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 03 June 2025
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Current Status:
Answered by Alasdair Allan on 10 June 2025
To ask the Scottish Government, further to its response to an Environmental Information (Scotland) Regulations 2004 request on 22 April 2025 (reference 202500456071), regarding the 10 renewable energy application decisions since January 2020 in which the Scottish Ministers decided against the recommendations made by public inquiry reporters, on what specific planning, legal, environmental, or policy grounds each of these decisions was made, and whether a summary of the rationale behind each decision will be published.
Answer
The decision-making rationale for each of these applications is set out in the determination letters which are publicly available on the Energy Consents Unit website.
The decision whether to grant consent is made on a case-by-case basis, taken only after careful consideration of environmental information, consultee responses and public representations.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 03 June 2025
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Current Status:
Answered by Alasdair Allan on 10 June 2025
To ask the Scottish Government whether it will consider commissioning an independent review of the consistency and transparency of decisions made by ministers in cases where public inquiry recommendations have been decided against in favour of renewable energy development.
Answer
We do not consider it necessary to commission an independent review of the consistency and transparency of decisions made by ministers in cases where public inquiry recommendations have been decided against in favour of renewable energy development.
All Energy Consents decision letters are published online for transparency, and decisions may be challenged in the Scottish court system.