- Asked by: Sarah Boyack, MSP for Edinburgh Central, Scottish Labour
-
Date lodged: Thursday, 14 June 2007
-
Current Status:
Answered by Michael Russell on 28 June 2007
To ask the Scottish Executive what steps it, or its agencies, are taking to implement policies to ensure the conservation of species listed in Scottish Natural Heritage’s species framework.
Answer
The SpeciesAction Framework is being implemented through a partnership of statutory andvoluntary bodies, with SNH in the lead. SNH set up an internal ProgrammeManagement Group shortly after the launch, and established Species Leads forall 32 species on the Species Action List.
The Species Leadshave been in discussion with external partners and five-year implementationplans for each species are being produced. SNH has committed approximately £800,000to 26 individual, new, management-related projects to date. Resources are alsobeing provided by other partners. SNH will also be contributing £150,000 to theJoint Work Programme onnative deer, in collaboration with the Deer Commission for Scotland (DCS) todovetail with the framework objectives.
- Asked by: Sarah Boyack, MSP for Edinburgh Central, Scottish Labour
-
Date lodged: Thursday, 14 June 2007
-
Current Status:
Answered by Michael Russell on 28 June 2007
To ask the Scottish Executive what discussions it has had with Her Majesty’s Government concerning a review of, and any legislative changes to, the Game Acts; whether there are any plans to conduct a review, and when it will announce its intentions.
Answer
Amendments arecurrently being made to the Game Acts applying in England and Wales following areview of that legislation. There is a wide range of similar legislationapplying to these matters in Scotland which does not appear to have been lookedat for some considerable time. We will consider in due course whether a reviewof this legislation would produce benefits consistent with our widerpriorities.
- Asked by: Sarah Boyack, MSP for Edinburgh Central, Scottish Labour
-
Date lodged: Thursday, 14 June 2007
-
Current Status:
Answered by Michael Russell on 27 June 2007
To ask the Scottish Executive whether it intends to take forward the review of the enforcement of environmental law; what plans it has to consult further on any of the issues raised, especially in relation to environmental courts, and when it will announce its intentions.
Answer
A report on the Strengthening and Streamlining: The Way Forwardfor the Enforcement of Environmental Law in Scotland consultation exercise is to be produced later in the summer, collatingthe responses received under the key component headings that appeared in the consultationdocument. It is intended that a copy of this report will be placed on the ScottishExecutive website. Thereafter the responses will be analysed and reviewed, togetherwith other available evidence to help the Government reach decisions on how theenforcement of environmental law in Scotland might be further developed.
- Asked by: Sarah Boyack, MSP for Edinburgh Central, Scottish Labour
-
Date lodged: Thursday, 14 June 2007
-
Current Status:
Answered by Frank Mulholland on 27 June 2007
To ask the Scottish Executive what steps it is taking to improve the prosecution of environmental crime.
Answer
Procuratorsfiscal are provided with appropriate training, development opportunities andguidance material to enable them to carry out their varied duties. Thatincludes specific guidance and training on environmental crime.
A national network of prosecutors who specialise inenvironmental cases has been in place since 2004. They work closely withprofessionals from the Scottish Environment Protection Agency (SEPA), thepolice and other specialist agencies, and provide advice to prosecutioncolleagues as appropriate. One of our environmental specialists has completed asix months secondment with SEPA, assisting in the preparation of prosecutionreports and providing legal advice.
A jointenvironmental training programme for prosecutors and SEPA lawyers has beenestablished, with at least two joint training events each year, including sitevisits, presentations and discussion. This has resulted in improved liaisonbetween SEPA and Crown Office and Procurator Fiscal Service and enhancedknowledge of environmental issues and policy matters.
- Asked by: Sarah Boyack, MSP for Edinburgh Central, Scottish Labour
-
Date lodged: Thursday, 14 June 2007
-
Current Status:
Answered by Michael Russell on 27 June 2007
To ask the Scottish Executive what plans it has to review legislation relating to flooding; what consultation it is planning with stakeholders on the matter, and when it will announce its intentions.
Answer
In his statement toParliament on 21 June 2007, the Cabinet Secretary for Finance and Sustainable Growthannounced that flooding legislation will be consulted on with a view to legislation.We are looking to encourage a more sustainable approach to flood risk managementin Scotland, and shall be consulting widely on our proposals,including interactive workshops targeted at stakeholders. We shall inform Parliamentof our legislative proposals after we have had the opportunity to consider responsesto the consultation.
- Asked by: Sarah Boyack, MSP for Edinburgh Central, Scottish Labour
-
Date lodged: Thursday, 14 June 2007
-
Current Status:
Answered by Michael Russell on 27 June 2007
To ask the Scottish Executive what steps it will take to ensure the timely transposition into Scots Law of the EU floods directive and what plans it has to consult stakeholders on the matter.
Answer
In his statement toParliament on 21 June 2007, the Cabinet Secretary for Finance and Sustainable Growthannounced that flood risk management will be consulted on with a view to legislation.The consultation process will include the need for timely transposition of the proposedDirective on the Assessment and Management of Flood Risks. We shall inform Parliamentof our legislative proposals, once we have had an opportunity to consider the responsesto the consultation.
- Asked by: Sarah Boyack, MSP for Edinburgh Central, Scottish Labour
-
Date lodged: Thursday, 14 June 2007
-
Current Status:
Answered by Michael Russell on 27 June 2007
To ask the Scottish Executive how many sites of special scientific interest there are in Scotland; how many of the features for which they have been notified are in favourable condition; whether it will list the reasons for any features being in an unfavourable condition, showing the number of cases of unfavourable condition as a result of that reason, and what steps it is taking to address these cases.
Answer
There are 1,455 SSSIsin Scotland. Scottish Natural Heritage (SNH) has assessed2,347 of the natural features for which these sites have been notified as beingin favourable condition. In addition to this, 129 features have been assessed asbeing in unfavourable but recovering condition. At present, assessments of the reasonsfor unfavourable condition is only available for 778 of these features and theseare shown as follows. (Up to three reasons for unfavourable condition can be notedfor each feature).
| | No. of Features |
| Agricultural operations | 77 |
| Grazing - overgrazing/undergrazing | 330 |
| Burning (presence/absence/methods and changes in these) | 59 |
| Game and fisheries management activities and freshwater aquaculture | 32 |
| Water management | 55 |
| Water quality – direct or diffuse inputs | 33 |
| Forestry operations | 69 |
| Recreation / disturbance | 107 |
| Flood defence or Coastal defence works | 10 |
| Development carried out under planning permission (including roads, Acts of Parliament etc) | 15 |
| Statutory Undertaker (i.e. works carried out by a statutory body which is not required to seek planning permission, including military operations) | 17 |
| Lack of remedial management (e.g. stopping-up drains, scrub cutting, erecting deer fences) | 93 |
| Invasive species | 221 |
| Earth Science feature obscured / eroded (e.g. coastal erosion) / modified (e.g. cave entrances) | 9 |
| Dumping / spreading / storage of materials | 30 |
| Natural event (e.g. extreme weather) | 40 |
| Other (largely relating to off-site factors) | 187 |
SNH is taking forwardaction in appropriate ways including active engagement with land owners, occupiersand statutory bodies to identify and take forward appropriate remedial measures.Support is available from a variety of measures including Rural Stewardship Schemes,Scottish Forestry Grant Schemes, Natural Care Schemes and individual managementagreements.
- Asked by: Sarah Boyack, MSP for Edinburgh Central, Scottish Labour
-
Date lodged: Thursday, 14 June 2007
-
Current Status:
Answered by Michael Russell on 27 June 2007
To ask the Scottish Executive when it plans to introduce legislation to transpose into Scots Law the provisions of the EU environmental liability directive.
Answer
We aim to transposethe directive by March 2008. We are taking this forward in a way which is focussedon Scottish circumstances and priorities.
- Asked by: Sarah Boyack, MSP for Edinburgh Central, Scottish Labour
-
Date lodged: Thursday, 14 June 2007
-
Current Status:
Answered by Frank Mulholland on 25 June 2007
To ask the Scottish Executive what guidance the Crown Office and Procurator Fiscal Service has issued to procurators fiscal in relation to the admissibility of evidence in respect of the prosecution of environmental crime and, if no such guidance exists, what rules exist to guide fiscals on admissibility.
Answer
Procuratorsfiscal are qualified solicitors. They are provided with appropriate trainingand guidance material to enable them to carry out the full range of theirduties in relation to the prosecution of crime and investigation of death. Thisincludes dealing with issues related to the admissibility of evidence such asthe best evidence rule and the test of fairness which is applied by the courtswhen determining issues of admissibility of evidence.
A national networkof prosecutors specialising in environmental cases has been in place since2004. These environmental specialists work closely with professionals from the Scottish Environment Protection Agency (SEPA) and other specialist agencies andprovide advice to prosecution colleagues as appropriate. In consultation withSEPA, a joint training programme for environmental specialists and SEPA lawyershas been established. The programme has been successful not only inincreasing knowledge in this area but also in enhancing relationships andcommunication between SEPA and COPFS.
- Asked by: Sarah Boyack, MSP for Edinburgh Central, Scottish Labour
-
Date lodged: Wednesday, 13 June 2007
-
Current Status:
Answered by Stewart Stevenson on 22 June 2007
To ask the Scottish Executive, further to the answer to question S3O-156 by Michael Russell on 7 June 2007 (Official Report c. 543), what the timescale is for this year’s consultation on changes to permitted development rights for microgeneration proposals for existing buildings and whether the Executive will publish draft proposals in order to ensure the widest possible parliamentary discussion and input.
Answer
We intend toconsult for a period of three months in the Autumn regarding permitteddevelopment rights, including draft proposals, for micro-renewable equipment.
