Chamber and committees

High hedge appeals are delegated to appointed reporters to make decisions on Scottish Ministers behalf.

DPEA received 8 high hedge appeals from January to March 2023, of which 2 were dismissed as "no remit" and 6 were decided upon by independent reporters.

Within these decisions, 2 referred to the 2019 guidance and its requirement to consider spacing, maintenance and intention in arriving at a decision that trees and shrubs in a row did not form a hedge and 2 excluded deciduous trees from high hedge notices issued by local authorities.

The Scottish Government understand the importance of sport and physical activity and the positive impact that it has on physical, mental, and social health. We want to create and provide every opportunity for participation in sport and physical activity for everyone in Scotland.

As part of The National Islands Plan Implementation Route Map, which can be viewed here , the Scottish Government have committed to support relevant local authorities to plan and develop sports facilities on the islands that respond to the needs of communities.

As the national agency for sport , sport scotland invests Scottish Government and National Lottery resources to help the people of Scotland get the most from the sporting system. sport scotland works in partnerships with Scottish Governing Bodies of sport (SGBs), local authorities, leisure trusts, sports clubs and community organisations, schools, colleges, and universities to provide greater opportunities for all to participate in sport.

The table below details sport scotland’s investment in each island local authority area, in each year, since 2013-14 (10-year period). This data covers investment by sport scotland, in both the local authority and other organisations in the local authority area, including investment for Active Schools, Community Sport Hubs, Sport Facilities Fund, National and Regional Facilities, Cycling Facilities Fund, Cashback for Communities, Active Places Fund, National Lottery Awards for All, Direct Club Investment, and Get Into Summer.

Table 1:

There is a wide range of legislation which applies to the Scottish Government to protect Scotland’s wildlife and habitats, including specific duties which fall on individual authorities to protect, conserve and restore the protected habitats and species of European sites.

NatureScot’s role as set out in the Natural Heritage (Scotland) Act 1991 includes securing the conservation and enhancement of the natural heritage of Scotland. All public bodies have a duty under Section 1 of the Nature Conservation (Scotland) Act 2004 to further the conservation of biodiversity when carrying out their work, where appropriate and in line with the Scottish Biodiversity Strategy and the UN’s Convention on Biological Diversity.

Furthermore, for Scotland’s terrestrial and marine environments, the requirements of in the Habitats Directive and the Wild Birds Directive apply, setting out the rules for the protections and management of certain habitats and species, including wild bird species, to ensure their long term conservation.

For example, under Regulation 3A of the Conservation (Natural Habitats &c.) Regulations 1994, Scottish Ministers and NatureScot must take steps in the exercise of their functions to preserve, maintain and re-establish sufficient diversity and area of habitat for wild birds in Scotland.

While there is no explicit legal duty on the Scottish Ministers or its agencies to increase species abundance, this does form one of the key outcomes envisaged in the draft Scottish Biodiversity Strategy https://www.gov.scot/publications/scottish-biodiversity-strategy-2045-tackling-nature-emergency-scotland/ . The protected areas networks on land and sea includes sites for nature conservation, protection of biodiversity, demonstrating sustainable management and protecting our heritage. Marine Protected Areas (MPAs), Special Ares of Protection (SPAs), Special Areas of Conservation (SACs) and Sites of Special Scientific Interest (SSSI) are just a few examples of the protected areas designated under retained European Law, UK and Scottish legislation by Scottish Ministers which go to form a network of protected sites. These sites ensure protection for some of the most vulnerable species and habitats within Scotland.

The Scottish Government has statutory requirements in the UK Marine Strategy to develop and implement pathway action plans to reduce the risk of introduction and spread of invasive non-native species (INNS), and to improve monitoring and surveillance to detect new non-indigenous species (or INNS) introductions, particularly at high-risk locations. The Scottish Government provides significant funding to tackle INNS, for example this includes part funding the Scottish Invasive Species Initiative, which is an ambitious £3.24 million partnership project tackling invasive non-native species alongside rivers and water courses.

Scottish Ministers, NatureScot, the Scottish Environmental Protection Agency and Scottish Forestry have statutory powers to enforce the Wildlife and Countryside Act UK (1981), using the Wildlife and Natural Environment (Scotland) Act (2011), which make it a criminal offence to release, plant or cause a species to be outwith its native range. This applies across all aquatic environments.

As Circularity Scotland is a private company, support arrangements they have with their members is a matter for them and it would not be appropriate for the Scottish Government to intervene in such commercial arrangements between private companies. Only the very largest producers (those making more than 10 million units per year) are required to underwrite costs. We are grateful to all businesses for the investment they have made in preparing for the launch of the deposit return scheme and this investment will be important for the success of the scheme when it launches on 1 March.

Circularity Scotland advise that only the very largest producers (those making more than 10 million units per year) are required to underwrite costs. As Circularity Scotland is a private company, contractual arrangements they have with their members, including any payments as part of their producer agreement, is a matter for them and it would not be appropriate for the Scottish Government to intervene in such commercial arrangements between private companies.

The Local Governance Review is being taken forward jointly with COSLA to examine how power and resources should be shared between national and local government and with communities. We remain committed to concluding the review and taking forward the findings within this parliament.

Research has shown that employee-owned businesses and other inclusive ownership models are fairer, more inclusive places to work and as a result enjoy greater financial and social resilience.

The Scottish Government’s commitment to increase the number of employee owned businesses seeks to widen the benefits of employee ownership to as many businesses and as many employee-owners as possible across Scotland. For this reason the number relates to businesses operating in and based in Scotland.

The Scottish Government does not currently have guidance for people who may be trapped in a cult, or for those who believe their loved ones are trapped in a cult.

We are aware of the recently published UK Government Faith review “Does Government do God” which recommends that Government should fund a programme that supports vulnerable people to leave high demand groups or high-control movements (often referred to as Cults) or religious groups. We will continue to build our understanding on how the Scottish Government can best support vulnerable people and communities.

However, if any criminal activity is suspected in relation to a cult this should be reported to Police Scotland immediately. Any form of exploitation or criminal coercion is completely unacceptable, and we condemn it in the strongest terms.

The current ETSU guidance should continue to be followed by applicants and used by decision makers to assess and rate noise from wind energy developments. The WSP report, commissioned on behalf of the UK Government, provides some recommendations for updates that could be made to bring the guidance into line with the most up to date evidence and policy.

The Scottish Government is a member of the ETSU steering group comprising of the four Governments of the UK. This group is considering, under the lead of the UK Government, how best to take forward these recommendations and will do so, as required, in due course.