Chamber and committees

Planning and HMO licensing legislation are designed to do different things “ planning is focussed on the availability of services and amenities, while licensing exists to ensure HMO properties meet certain safety, physical and management standards. The review of SPP3 considers planning issues. Both Glasgow City Council and the City of Edinburgh Council have been involved in the SPP3 consultation process, as have all other planning authorities, particularly those where high HMO concentrations exist, such as Fife Council and Dundee City Council. Their views are being taken into account in drafting the final policy.

I refer the member to the answer to question S3W-12323 on 14 May 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.

The national antisocial behaviour strategy, which includes the Antisocial Behaviour etc. (Scotland) Act 2004 and is currently under review, remains the main vehicle for tackling low-level offending.

We have received a number of representations on the issue of HMO concentrations. Research on the effect of student HMOs on the housing market in St Andrews has been conducted on behalf of the University of St Andrews. Universities UK has published research on the potential effects of high concentrations of HMOs. The research suggests ways in which HMO concentrations may be managed. This information is given in Studentification: A Guide to Opportunities, Challenges and Practice, published by Universities UK in 2006, a copy of which is available in the Scottish Parliament Information Centre (Bib. number 45556). Copies of responses to the consultative draft of Scottish Planning Policy 3 “ Planning for Housing will be made available shortly, and a full analysis report will be published in due course.

In the view of the Scottish Government it is an offence to use a snare to kill or capture an animal listed in Schedule 3 to the Conservation (Natural Habitats, &c.) Regulations 1994, unless this is carried out under licence.

It is an offence recklessly or intentionally to kill or capture an animal listed on Schedule 2 to the Conservation (Natural Habitats, & c.) Regulations 1994. Intentional killing or capture of a animal listed on Schedule 2 may be carried out under licence.

Licences to snare mountain hares were issued in 2006 and 2007 with a total bag limit of 90

We do not hold comprehensive figures for mountain hares killed by snaring in 2006 and 2007. However, the recently published report from Scottish Natural Heritage The distribution of Mountain Hare (Lepus Timidus) in Scotland (2006-2007) estimated that 5,078 mountain hares were killed by snaring between January 2006 and February 2007. Scottish ministers take the view that the snaring of mountain hares is an offence unless it is done under the terms of a licence. This view has not however been tested in the courts.

The Scottish Government recognises that it is highly unlikely that louping ill can be completely eradicated. However, a ministerial working group with representation from a wide range of key stakeholder interests, has been set up to look at ways of controlling ticks and the problems which they can create which include the spread of louping ill. The group will assess the scale of the problem and consider possible solutions.

Good field craft should minimise the risk of any accidental capture of Scottish wildcats. Should any Scottish wildcat be accidentally caught in a legally compliant snare operated in accordance with industry best practice guidelines, the land manager should be able to release the captured animal unharmed.

The Scottish Government does not require sporting estates to have a long-term strategy to control louping ill in mountain hares.

The recently published document by Scottish Natural Heritage called The distribution of Mountain Hare (Lepus Timidus) in Scotland (2006-2007) considered, amongst other issues, the implications of large scale culling of mountain hares. The Scottish Government also seeks advice from Scottish Natural Heritage on a case by case basis when a licence is sought to take mountain hares.