Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S3W-24496

Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
Date lodged: Monday, 01 June 2009
Current Status: Answered by Roseanna Cunningham on 9 June 2009

To ask the Scottish Executive whether it is aware of problems with the online registration of septic tanks in (a) March and (b) May 2009.

Question reference: S3W-24241

Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
Date lodged: Tuesday, 26 May 2009
Current Status: Answered by Roseanna Cunningham on 9 June 2009

To ask the Scottish Executive what regulations apply to falconers from outwith Scotland when taking part in events in Scotland.

Question reference: S3W-24240

Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
Date lodged: Tuesday, 26 May 2009
Current Status: Answered by Roseanna Cunningham on 9 June 2009

To ask the Scottish Executive, further to the answer to question S3W-23457 by Roseanna Cunningham on 19 May 2009, whether it considers that breeders of hawks in Scotland will be at a disadvantage compared with breeders in England, who are required to pay only for Convention on International Trade in Endangered Species permits.

Breeders of hawks in England and Wales currently only pay for permits required for the purposes of the Convention on International Trade in Endangered Species (CITES) whereas breeders in Scotland currently also have to pay for registration as required by Schedule 4 of the Wildlife and Countryside Act. The Scottish Government intends to bring forward amendments to Scottish legislation which would place Scottish breeders in the same position as those in England and Wales.

Question reference: S3W-24243

Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
Date lodged: Tuesday, 26 May 2009
Current Status: Answered by Nicola Sturgeon on 8 June 2009

To ask the Scottish Executive whether the right of pedestrian access to a property includes right of access for a wheelchair user.

If the member is referring to access to a public building then section 19 of the Disability Discrimination Act does not allow service providers to discriminate against disabled people in terms of access.

If the reference concerns access to private property, then pedestrian rights of access to property are created in a number of ways - in title deeds to property, by the operation of prescription or sometimes even by inference or implication. It is therefore impossible to say, in the abstract, whether a particular pedestrian right of access includes access for a wheelchair user as such a question would be determined by the particular title deeds in question and/or by other surrounding evidence. If there is a dispute then ultimately the extent of a right of access will be determined by the courts.

Question reference: S3W-24242

Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
Date lodged: Tuesday, 26 May 2009
Current Status: Answered by Nicola Sturgeon on 8 June 2009

To ask the Scottish Executive whether a mobility scooter is regarded in law as a mobility aid or a vehicle.

There is currently a lack of clarity around the legal definition. At present, a mobility scooter is regarded as a mobility aid, however this has not yet been challenged in law. It currently must meet Medicines and Healthcare Regulatory Authority (MHRA) standards for medical devices. If it is capable of speeds in excess of 8 mph it must have lights to go on the road and all motor scooters are subject to the Highway Code.

Question reference: S3W-24244

Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
Date lodged: Tuesday, 26 May 2009
Current Status: Answered by Nicola Sturgeon on 8 June 2009

To ask the Scottish Executive whether the right of pedestrian access to a property includes right of access for the user of a mobility scooter.

It is not clear from the question whether the access referred to is to public or private property.

If Elaine Murray is referring to access to a public building then section 19 of the Disability Discrimination Act does not allow service providers to discriminate against disabled people in terms of access.

If the reference concerns access to private property, then pedestrian rights of access to property are created in a number of ways - in title deeds to property, by the operation of prescription or sometimes even by inference or implication. It is therefore impossible to say, in the abstract, whether a particular pedestrian right of access includes access for a mobility scooter user as such a question would be determined by the particular title deeds in question and/or by other surrounding evidence. If there is a dispute then ultimately the extent of a right of access will be determined by the courts.

Question reference: S3W-24371

Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
Date lodged: Thursday, 28 May 2009
Current Status: Answered by Richard Lochhead on 5 June 2009

To ask the Scottish Executive what guidance has been developed on the welfare of seals by it and members of the Scottish Seals Forum.

A code of practice was developed to support the Moray Firth Seal Management Plan with input from Scottish Government and stakeholders, including the Scottish Society for the Prevention of Cruelty to Animals.

It is intended that this code will provide a starting point for consideration of welfare concerns by the Scottish Seals Forum in the proposed new licensing scheme.

Copies of the Moray Firth Seal Management Code of Practice have been placed in the Scottish Parliament Information Centre (Bib. number 48276).

Question reference: S3W-24402

Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
Date lodged: Thursday, 28 May 2009
Current Status: Answered by Richard Lochhead on 5 June 2009

To ask the Scottish Executive what sanctions are available to local authorities against the dropping of used chewing gum in public places.

The act of throwing down, dropping or depositing and leaving chewing gum, like all types of litter, is an offence under Section 87 of the Environmental Protection Act 1990, and subject to a fine of up to £2,500. Alternatively, the person may be offered the opportunity to pay a fixed penalty fine, the level of which is currently £50.

Designated local authority officers have the power to issue fixed penalty notices to those who litter. As independent bodies, whether local authorities empower officials to issue notices is a matter for each local authority. They are encouraged to do so by the Scottish Government.

Question reference: S3W-24239

Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
Date lodged: Tuesday, 26 May 2009
Current Status: Answered by Richard Lochhead on 5 June 2009

To ask the Scottish Executive whether it is considering introducing regulations on the welfare of greyhounds.

Question reference: S3W-24400

Asked by: Elaine Murray, MSP for Dumfries, Scottish Labour
Date lodged: Thursday, 28 May 2009
Current Status: Answered by Adam Ingram on 4 June 2009

To ask the Scottish Executive how many (a) three-and (b) four-year-olds in Dumfries and Galloway are receiving their entitlement to free pre-school education in 2009-10.