Chamber and committees

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Jury service is an important civic duty, and I am grateful to all those who undertake it.

It is the view of the Scottish Government that the pool of potential jurors should be as wide as possible, to ensure that an accused person is being judged by their peers from all walks of life. This also prevents the burden of jury service falling on a narrower section of society than can reasonably be helped.

However, it is recognised that there will always be people who have difficulty in serving as jurors. Therefore, in addition to those eligible to be excused as of right as set out in Schedule 1 of the Law Reform (Miscellaneous Provisions) Scotland Act 1980, individuals may also apply for excusal.

Clerks of Courts will be as sympathetic as they can to requests for excusal, and will consider, amongst other things; commitments at work, the cancellation of which would cause abnormal inconvenience - while at the same time balancing the need to have sufficient numbers of prospective jurors from which to ballot a jury.

In our response to the recent report by the Rural Affairs and Islands Committee, we committed to prioritising progress to introduce penalties for fish farm escapes in 2026-2027 and to publishing a revised Technical Standard for Scottish Finfish Aquaculture in 2027-2028.

The escape of fish from a fish farm is not a statutory offence. However, the Fish Health Inspectorate assesses whether satisfactory measures are in place on farms for the containment of fish. Where they are not, Scottish Ministers may serve an enforcement notice and failure to comply with this is an offence.

Consideration of introducing a judicial register of interests began during this parliamentary session. However, following the introduction of a revised statement on judicial ethics last year, which included more detailed declaration requirements for judicial office holders and a greater emphasis on judicial independence, the commitment was delayed to allow time for its impact to be assessed. Now that a year has passed since the revised statement was introduced, work has recently commenced on evaluating its effects. An update will be provided to Parliament at the appropriate time.

In our response to Rural Affairs and Islands Committee Salmon Farming in Scotland report, we committed to prioritising progress to introduce penalties for fish farm escapes in 2026-2027.

In terms of environmental non-compliance, the Scottish Environment Protection Agency has powers to issue fixed and variable monetary penalties. Further details can be found on SEPA’s website: Enforcement | Scottish Environment Protection Agency (SEPA).

A tribunal was constituted under section 21 of the Courts Reform (Scotland) Act 2014 to investigate and report on whether Part-time Sheriff Halley is unfit to hold judicial office. Under Section 24(2) of that Act, the First Minister must lay the report of the tribunal before the Scottish Parliament. The First Minister is currently making the necessary arrangements for the report to be laid before the Scottish Parliament within the next two weeks.

As part of their applications for consent under the Electricity Act 1989, developers undertake environmental impact assessment (EIA), including collision risk modelling to estimate annual collisions in respect of ornithological receptors. The results of such modelling for offshore wind are available within the EIA Reports published on the Marine Directorate – Licensing Operations Team website: https://marine.gov.scot/marine-projects.

Data provided by offshore wind developers indicate a total of 2 confirmed collisions have been reported at operational offshore wind farms in the last 5 years – one kittiwake (date not provided) and one herring gull (July 2024).

NatureScot collect data for bird strikes at onshore wind farms via their online reporting tool. The reporting is voluntary, meaning it is likely they only receive reports on a proportion of strikes. Where possible the data is supplemented with information they receive from general correspondence.

In respect of offshore wind farms, three consents have been issued since 1 January 2022. All three have requirements for ornithological monitoring via a condition for a Project Environmental Monitoring Programme (PEMP). In the event that further potential adverse environmental effects are identified, for which no predictions were made in the application, the Scottish Ministers may require the developer to undertake additional monitoring through the PEMP condition.

All information related to determinations made by Scottish Ministers in respect of onshore wind farm developments, including related conditions, is publicly available on our Energy Consents website: Scottish Government - Energy Consents Unit - Application Search . In cases where deemed planning permission is granted, any conditions of that deemed planning permission would be discharged by the Planning Authority.

Regarding the consenting process for new energy infrastructure, the environmental impacts of developments are examined according to provisions of the Electricity Act 1989, relevant Environmental Impact Assessment regulations, and habitats regulations, alongside relevant policy.

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