Chamber and committees

<>Preventative measures are set out in A Guide to Hydro Power Construction Good Practice http://www.scottishrenewables.com/publications/hydro-construction-guide-good-practice/: a joint publication by Scottish Renewables, SEPA, SNH and the Scottish Government. The Guide also outlines the need for planning permission and water environment Controlled Activities Regulations (CAR) authorisations for hydropower schemes and signposts businesses to pollution prevention guidelines relevant to construction.

The recovery of the costs of remediation from those responsible was a matter for SEPA in consultation with SNH. In the event, remediation has not been pursued as it would not have been practical and possibly even detrimental to attempt to remove silt from freshwater pearl mussel beds. Consequently there are no costs to bear.

It is a matter for the planning authority to satisfy themselves that all assessments have been undertaken appropriately and in accordance with all relevant legislation, taking into account advice from the statutory consultation bodies.

The freshwater pearl mussel was given legal protection when it was added to Schedule 5 of the Wildlife and Countryside Act 1981 (WCA) in 1991. The Crown Office and Procurator Fiscal Service (COPFS) is responsible for holding records for prosecutions in relation to freshwater pearl mussels under the WCA dating from 2002, though there have been no such prosecutions since then. Records held by the Scottish Government on cases involving offences under Schedule 5 of the WCA do not identify the species concerned.

There have been two cases reported to COPFS in relation to offences involving freshwater pearl mussels under the WCA since 2002. In one of those cases there was insufficient evidence to prosecute the individual reported.

The other case proceeded by way of prosecution under the Water Environment (Controlled Activities) (Scotland) Regulations 2005, Regulation 5 and 40(1)(a) and the Water Environment and Water Services (Scotland) Act 2003 Section 20(3)(a) which also recognised the damage to the Freshwater Pearl Mussels. This case resulted in fines being imposed on two individuals and a company, totalling £15,000.

There have been 72 suspected criminal incidents involving damage to Freshwater Pearl Mussel sites in Scotland over the past 14 years.

These have been recorded by Scottish Natural Heritage and the National Wildlife Crime Unit on a yearly basis as shown in the following table.

Year	Number of suspected criminal incidents
1999	2
2000	7
2001	1
2002	1
2003	2
2004	2
2005	3
2006	6
2007	3
2008	14
2009	13
2010	12
2011	4
2012	2

The relevant offence under the Wildlife and Countryside Act 1981 is:

Section 9(4)(a) - intentionally or recklessly damaging, destroying or obstructing access to any structure or place which any wild animal included in Schedule 5 uses for shelter or protection.

Freshwater pearl mussels are listed on Schedule 5 of the Wildlife and Countryside Act 1981 and, as such, are fully protected in Scotland. From 1998, it has been an offence to intentionally or recklessly kill, injure, take or disturb freshwater pearl mussels or to damage their habitat; to possess mussels or pearls collected since 1998; or to sell, or advertise for sale, freshwater pearl mussels or their pearls unless done under licence from the Scottish Government.

Freshwater pearl mussels are also a priority species for the Partnership for Action Against Wildlife Crime. Scottish Police wildlife crime officers and officers attached to the National Wildlife Crime Unit have been working with fishery bailiffs and others involved with rivers that hold the species to raise awareness of the need to protect the mussels from theft and damage.

The offering of appointments is an operational matter for individual NHS boards based on where their services are provided for example a specific service may only be available in one hospital or at a regional service. However in offering patients appointment choices we expect Boards to take account of Scottish Government guidance on both waiting times and good practice booking.

The information requested is available from the Scottish Parliament Information Centre (Bib. number 54841).

The cost of providing care in a local authority care home is a matter for each individual local authority. Section 22 of the National Assistance Act 1948 requires local authorities to set fees in their homes at the full cost of providing the care.

The level of payment for an older person funded by a local authority in a care home in the independent sector is agreed between Convention of Scottish Local Authorities and the independent sector.

The Scottish Government’s position is based on the scientific advice it receives from the Advisory Committee on Pesticides (ACP), its own scientists in SASA (Science and Advice for Scottish Agriculture), and through other sources such as The European Food Safety Authority.

A number of studies have demonstrated risks to bee health and gaps in the knowledge about the effects of neonicotinoids on pollinators. However, there has been a lack of evidence of a direct link between neonicotinoids and a reduction in pollinator numbers when farmers use neonicotinoids in their fields.

The ACP has been asked urgently to produce new advice taking account of the latest scientific data. As part of this process, the ACP has commissioned independent reviews of key research findings. ACP’s advice following their reviews will then inform the Scottish Government’s view on any action.