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-11042

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Friday, 14 March 2008
Current Status: Answered by Michael Russell on 16 April 2008

To ask the Scottish Executive who in the First Minister’s (FM’s) private office decided not to bring to the FM’s attention correspondence from Mr Donald Macdonald and an enclosure of correspondence between HBOS and Highland Council stating that without the relevant planning consents the bank would have “no option but to take action to mitigate its financial position…. likely to involve closure of the company and the complete resort operation, including the retail, no later than the middle of January 2008”, which was received from the FM’s constituency office manager; how that decision was reached, and when.

Question reference: S3W-11113

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Tuesday, 18 March 2008
Current Status: Answered by Stewart Stevenson on 15 April 2008

To ask the Scottish Executive whether there are any plans to review the traffic regulation order process in order to improve efficiency and reduce cost.

When promoting Traffic Regulation Orders, local road authorities are required to follow the procedures contained in The Local Authorities'' Traffic Orders (Procedure) (Scotland) Regulations 1999. For trunk roads, Transport Scotland follow the procedures contained in The Secretary of State''s Traffic Orders (Procedure) (Scotland) Regulations 1987.

The Scottish Government is not aware of any significant problems associated with the application of the current procedures and there are no plans at present to review these particular Regulations. However, as with all legislation, their effectiveness will be kept under review. If there is sufficient evidence that they are not working as they were intended, appropriate action will be taken to remedy the situation.

Question reference: S3W-11028

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Friday, 14 March 2008
Current Status: Answered by Michael Russell on 15 April 2008

To ask the Scottish Executive who would have determined the Aviemore resort hotels master plan planning application and related planning applications under consideration by the Cairngorms National Park Authority if members locally had approved any of the applications with an outstanding objection from the Scottish Environment Protection Agency and that application had then been notified to Scottish ministers.

Under notification procedures, it would be for the planning minister, Stewart Stevenson, to determine whether the planning application required to be referred to him instead of being dealt with by the planning authority. If the planning minister were debarred from the decision-making process, e.g. by having a constituency interest, then another Scottish minister would make the decision on his behalf.

Question reference: S3W-10935

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive whether the evidence of the Scottish Environment Protection Agency (SEPA) to Aberdeen City Council’s public local inquiry in May 2006 and Moray Council’s public local inquiry in November 2007 properly exercised its statutory functions to inform policy and promote an understanding of SEPA’s activities; whether SEPA complied with its statutory duties, and how it exercised its statutory powers to make environmental information available to the public and to involve communities in decisions that affect their local environments.

As a statutory public body SEPA is responsible for ensuring that it carries out its functions in accordance with its statutory powers and duties, taking account of any other relevant guidance, policies or regulations. Scottish ministers are responsible for setting the policy framework within which SEPA carries out its functions, and strategic oversight of SEPA''s performance, through approval of SEPA''s Corporate Plan, scrutiny of SEPA''s performance indicators, and through regular liaison with the chair and board. Any question about how SEPA carried out its functions in relation to an individual case should be directed to its chief executive.

Question reference: S3W-10940

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive whether the advice of the Scottish Environment Protection Agency to the Cairngorms National Park Authority in the planning application for the Aviemore resort hotels master plan complied with Scottish Ministers’ strategic objective to develop a close and responsive relationship with the public, local authorities and regulated authorities and, if so, in what way.

Question reference: S3W-10942

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive whether it considers that the Scottish Environment Protection Agency was correct to withdraw its objection on 4 December 2007 to the planning application for the Aviemore resort hotels master plan under consideration by the Cairngorms National Park Authority in the absence of a flood risk assessment from the developer and to agree to the proposed allocations in the master plan on the basis that adequate flood risk assessment would be undertaken.

Question reference: S3W-10967

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive what issues were discussed and agreed when the Minister for Enterprise, Energy and Tourism met representatives of Macdonald Hotels, the Cairngorms National Park Authority, Highland Council and the Minister for Community Safety in Aviemore on 26 October 2007.

Question reference: S3W-10962

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive whether correspondence from Mr Donald Macdonald’s company and enclosures of further correspondence between Mr Macdonald’s company and the planning authorities, the Cairngorms National Park Authority and Highland Council in relation to the Aviemore resort hotels planning application, which was received by email from the First Minister’s constituency office manager on 9 and 13 November 2007, were placed on the ministerial correspondence system.

Question reference: S3W-10976

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive whether Scottish Government officials have the power to instruct non-departmental public bodies (NDPBs) to take particular actions without the consent of ministers and relating to individual cases with which an NDPB may be dealing, as distinct from matters in relation to the administration and financing of the organisation and where those powers are specified in statute.

The ability of ministers and officials to instruct or direct non-departmental public body (NDPB) delivery partners is part of the long established governance framework between government and the bodies they sponsor.

Within this delivery relationship, there is a wide range of terminology used to describe instructions that can be given to NDPBs and this is normally contained in enabling legislation or other relevant corporate documentation underpinning the governance framework. The scope of instruction and direction can also vary considerably, ranging from simple accounting matters to issues of substance and can cover procedures and timescales where ministers believe there is a public interest. Whether of a general or specific nature, powers of direction allow government to exercise the degree of control necessary to ensure parliamentary, ministerial and public accountability for bodies in receipt of government funds.

The way in which the Scottish Government discharges these core functions is not recorded separately or given prominence over other issues of sponsorship activity. In addition, the way in which directions can be invoked and communicated will vary depending on the individual circumstances or context.

The governance framework which confers NDPB status provides for a degree of ministerial judgement in deciding the most appropriate level of interaction between body and government.

NDPB sponsorship guidance is contained on the Scottish Government''s public bodies website at:

http://www.scotland.gov.uk/Topics/Government/public-bodies.

Question reference: S3W-10944

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Thursday, 13 March 2008
Current Status: Answered by Michael Russell on 11 April 2008

To ask the Scottish Executive whether the advice of the Scottish Environment Protection Agency (SEPA) to the Cairngorms National Park Authority in the planning application for the Aviemore resort hotels master plan complied with SEPA-Planning Authority Protocol: Advice and Consultation and the associated planning advice note and, if so, in what way.