- Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 12 March 2026
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Current Status:
Answered by Gillian Martin on 25 March 2026
To ask the Scottish Government what discussions it has had with the UK Government regarding the Ecocide (Scotland) Bill and specifically in relation to any potential section 35 or section 40 issues under the Scotland Act 1998, and what steps are being taken to ensure that cross-border enforcement and corporate liability provisions do not face constitutional or legal impediments.
Answer
There have been official level discussions with the UK Government on the Ecocide (Scotland) Bill. The Scottish Government considers that the Bill, if appropriately amended at Stage 2, would not have raised issues under section 35 or section 40 of the Scotland Act 1998.
- Asked by: Fergus Ewing, MSP for Inverness and Nairn, Independent
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Date lodged: Thursday, 12 March 2026
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Current Status:
Answered by Gillian Martin on 25 March 2026
To ask the Scottish Government, regarding the requirements that apply when an application for a proposed marine development is located within an area containing a war grave, whether it will provide information on (a) what action an applicant is required to take in relation to such matters, (b) whether any applicant who is aware that there is a war grave within the proposed development area has a duty to disclose this, and, if so, to whom, (c) what penalty or sanction applies should an applicant fail to make such a disclosure and (d) whether such an application would be automatically rejected on the grounds of misrepresentation and failure to disclose.
Answer
Any application for a marine licence would be accompanied by environmental information to enable consideration of likely effects on the environment (including the historic environment). This would then be subject to public consultation and a range of statutory and non-statutory consultees including Historic Environment Scotland would be invited to make representations on the application. All representations made to Scottish Ministers are considered during the decision-making process.
- Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 12 March 2026
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Current Status:
Answered by Gillian Martin on 25 March 2026
To ask the Scottish Government what support is available for communities in South Lanarkshire that are concerned about a reported increase in littering and fly-tipping.
Answer
Local authorities are responsible for addressing litter and fly-tipping on public land and other land for which they have responsibility, in line with the Code of Practice on Litter and Refuse. Communities should contact their local council in the first instance to report concerns or request action. The Scottish Government continues to work with councils and delivery partners to drive national action through the National Litter and Fly-tipping Strategy.
Communities in South Lanarkshire can also access support from the Scottish Government’s delivery partner, Keep Scotland Beautiful. Through its Community Litter Hub, local groups can access practical resources, guidance and campaign materials to organise litter picks, promote behaviour change and take action to tackle litter. As part of the Strategy’s Year 3 action plan, the Hub is being expanded to include practical information and guidance on tackling fly-tipping.
- Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 12 March 2026
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Current Status:
Answered by Gillian Martin on 25 March 2026
To ask the Scottish Government, following the Parliament's agreement of a Financial Resolution for the Ecocide (Scotland) Bill on 19 February 2026, what specific work is being undertaken during the current pause in stage 2 proceedings to ensure that the (a) Scottish Environment Protection Agency and (b) Crown Office and Procurator Fiscal Service is adequately resourced and trained to investigate and prosecute complex corporate environmental crimes.
Answer
Since the Parliament’s agreement to the Financial Resolution for the Ecocide (Scotland) Bill, there has been contact at official level between the Scottish Government and the Scottish Environment Protection Agency about the level of resources that would be needed should the Bill be enacted. There has been no contact on this issue with the Crown Office and Procurator Fiscal Service during this period.
- Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 12 March 2026
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Current Status:
Answered by Gillian Martin on 25 March 2026
To ask the Scottish Government what assessment it has made of fly-tipping in (a) South Lanarkshire and (b) Glasgow.
Answer
The Scottish Government has not made specific assessments of fly-tipping levels in South Lanarkshire or Glasgow. Responsibility for dealing with fly-tipping depends on the location and nature of the incident. Under the Code of Practice on Litter and Refuse, local authorities are responsible for the clearance of fly-tipping from relevant public land, while private landowners are responsible for waste on their own land. SEPA may also have a role in regulating and enforcing against illegal waste activity, depending on the circumstance.
At the national level, the Scottish Government published a Fly-tipping Baseline Report in 2024 (National litter and flytipping strategy: baseline report - gov.scot), which provides an overview of the scale and nature of fly-tipping across Scotland, including some local authority data.
- Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 12 March 2026
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Current Status:
Answered by Jenny Gilruth on 25 March 2026
To ask the Scottish Government, in light of its statement, Strengthening additional support for learning, published on 12 March 2026, how the recommendation for "workforce alignment" will be implemented in Lanarkshire, in light of reported concerns regarding chronic underfunding and overstretched staffing.
Answer
The expert Review carried out by Professional Education Advisor Janie McManus’ said that clearer expectations, stronger pathways to support across education, health and social care, and early interventions should underpin the next steps in delivering Additional Support Needs (ASN) provision in schools.
I welcomed publication of the review and accepted the six recommendations made.
Whilst work on delivering against these recommendations will require sustained partnership across government, local authorities and national bodies, it will be for the incoming government to consider how to take forward the specific approach.
- Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 12 March 2026
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Current Status:
Answered by Gillian Martin on 25 March 2026
To ask the Scottish Government whether it will provide an update on its review of the effectiveness of section 40 of the Regulatory Reform (Scotland) Act 2014; what data it holds on the number of successful prosecutions under this section for "significant environmental harm" since its inception, and how it plans to address reported concerns from stakeholders that section 40 lacks the "apex" deterrent effect required to prevent mass environmental destruction.
Answer
The Scottish Government has not committed to a formal review of the offence at section 40 of the Regulatory Reform (Scotland) Act 2014. The information that we hold shows that there have been no successful prosecutions under the section 40 offence of causing significant environmental harm. There are many possible explanations for this lack of prosecutions, including regulatory agencies and prosecutors using other, more specific offences in response to environmental crimes.
- Asked by: Fergus Ewing, MSP for Inverness and Nairn, Independent
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Date lodged: Thursday, 12 March 2026
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Current Status:
Answered by Gillian Martin on 25 March 2026
To ask the Scottish Government, regarding the content of the application by Offshore Solutions Group (OSG) for an exemption from undertaking a full Environmental Impact Assessment (EIA) for its proposed Moray FLOW-park development, whether OSG has disclosed in its application the presence of a war grave within the proposed development location, and, if not, what action the Scottish Government will take in light of this.
Answer
I can confirm that Offshore Solutions Group sought a screening opinion, from the Scottish Ministers which is currently undergoing statutory consultation in line with the environmental impact assessment regulations, including with Historic Environment Scotland. Following, and in consideration of the representations received, Scottish Ministers will determine whether or not a marine licence application for the proposed works must be supported by an environmental impact assessment report. This decision is based on the likelihood of significant effects on the environment. To maintain the integrity of our well-established marine licensing process, it would not be appropriate for Scottish Ministers to comment further on live casework.
- Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 12 March 2026
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Current Status:
Answered by Jenny Gilruth on 25 March 2026
To ask the Scottish Government what resource will be provided to local authorities to implement the "workforce alignment" recommendation in the report, Additional Support for Learning: A Review of System Delivery for Learners, in light of the reported failure of the current national additional support for learning framework to prevent parents in Lanarkshire from having to leave the workforce to care for neurodivergent children.
Answer
The expert Review carried out by Professional Education Advisor Janie McManus’ said that clearer expectations, stronger pathways to support across education, health and social care, and early interventions should underpin the next steps in delivering Additional Support Needs (ASN) provision in schools.
I welcomed publication of the review and accepted the six recommendations made.
Whilst work on delivering against these recommendations will require sustained partnership across government, local authorities and national bodies, it will be for the incoming government to consider how to take forward the specific approach.
- Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 12 March 2026
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Current Status:
Answered by Gillian Martin on 25 March 2026
To ask the Scottish Government, in light of its commitment to align with European Union standards where appropriate, what assessment it has made of the EU Environmental Crime Directive (2024/1203), which Member States must transpose by May 2026, and how a proposed ecocide offence could bridge any gap between existing Scottish law and the new EU "qualified offence" standard for the most serious environmental harms.
Answer
The Scottish Government is continuing to consider the EU Environmental Crime Directive (2024/1203) against our alignment policy. We consider that the existing offence of causing significant environmental harm at section 40 of the Regulatory Reform (Scotland) Act 2014 is reasonably closely aligned with the Directive’s introduction of “qualified offences” for more serious environmental damage.