- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive whether any minister has sought advice about instructing or directing the Scottish Environment Protection Agency in relation to taking any particular courses of action in the last seven months.
Answer
Ministers have issued directions to the Scottish Environment Protection Agency (SEPA) since 1 August 2007 in a number of cases. These covered a range of topics, including water quality issues, bathing water classifications and SEPA''s charging schemes.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive whether ministers are obliged or advised to follow any procedures prior to issuing a direction to a non-departmental public body (NDPB) and whether a distinction is made between provisions for the Scottish Environment Protection Agency and other NDPBs.
Answer
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.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive whether the actions of Scottish Ministers in respect of 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 and related planning applications comply with ministers’ responsibilities and accountabilities, as set out in the SEPA Management Statement drawn up by the Scottish Executive Environment and Rural Affairs Department, with particular regard to ministers’ powers to call-in applications and determine appeals in relation to SEPA’s statutory functions and, if so, in what way.
Answer
I am satisfied that Scottish ministers acted at all times in relation to this application in accordance with their responsibilities and accountabilities as set out in SEPA''s Management Statement.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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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 Aberdeen City Council’s public local inquiry in May 2006 and Moray Council’s public local inquiry in November 2007 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.
Answer
I refer the Member to the answer to question S3W-10935 on 11 April 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/wa.search.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive whether the Scottish Environment Protection Agency’s (SEPA’s) advice to the Cairngorms National Park Authority on the Aviemore resort hotels master plan planning application complied with the rules and guidelines relevant to the exercise of SEPA’s functions, duties and powers, as set out in the Management Statement drawn up by the Scottish Executive Environment and Rural Affairs Department and, if so, in what way.
Answer
I refer the member to the answer to question S3W-10935 on 11 April 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/wa.search.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive whether it will make a statement to the Parliament on how the actions of Scottish Ministers in respect of 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 and related planning applications comply with ministers’ responsibilities and accountabilities, as set out in the SEPA Management Statement drawn up by the Scottish Executive Environment and Rural Affairs Department, with particular regard to ministers’ powers to call-in applications and determine appeals in relation to SEPA’s statutory functions.
Answer
I refer the Member to the answer to question S3W-10947 on 11 April 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/wa.search.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Stewart Stevenson on 11 April 2008
To ask the Scottish Executive whether it considers that proposals for new housing or retail development requiring new flood prevention measures should proceed only through the development plan process and with full consideration of all the implications of such development.
Answer
The Scottish Government considers that in accord with Scottish Planning Policy (SPP)7 Planning and Flooding, proposals for the development of additional undeveloped areas which would require new flood prevention measures should come forward through the development plan process.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive who in the First Minister’s private office decided that correspondence from Mr Donald Macdonald’s company and enclosures of further correspondence between the 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 from the First Minister’s constituency office manager on 9 and 13 November 2007, should not be brought to the attention of the First Minister and how such a decision was reached.
Answer
The decision was taken by the Assistant Private Secretary with responsibility for correspondence on the basis of established protocol.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive what advice was given to the First Minister or his special advisers in relation to the receipt of the correspondence and enclosures sent by the First Minister’s constituency office manager to his private office, intimating Mr Donald Macdonald’s intention to show the First Minister the exhibition of the live planning application for the second phase of the resort’s development that Mr MacDonald had arranged to be viewed in his hotel complex.
Answer
No such advice was given.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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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 produced in hard copy and given to either the First Minister or his advisers.
Answer
No.
