Chamber and committees

As noted in answer to questionS2W-27581 on 17 August 2006, Scotland will have access to the UK avian influenzavaccine resource, and there is therefore no need to develop a separate Scottishvaccine bank.All answers to writtenparliamentary questions are available on the Parliament’s website, the search facilityfor which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

No avian influenza vaccine iscurrently held in stock in Scotland, but, as stated in the answers to questions S2W-27581and S2W-27582 on 17 August 2006, Scotland will have access to the UK resource.All answers to writtenparliamentary questions are available on the Parliament’s website, the search facilityfor which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

There are powers providedfor within the Freedom of Information (Scotland) Act 2002 to review Schedule 1, and this was one of the topicswhich the Executive consulted on earlier this year as part of our currentreview of aspects of the legislation. It would not be appropriate to pre-judgethe outcome of the review by commenting on particular bodies.

The Scottish Executivepublished Guidance for Scottish Public Authorities and Interested Parties onthe implementation of the Environmental Information (Scotland) Regulations2004 in September 2005. Copies canbe obtained in the Blackwell’s Bookshop, South Bridge, Edinburgh or may be viewed on the Scottish Executive’s websiteat:www.scotland.gov.uk.

The definition of “Scottishpublic authority” may apply to bodies which are not public bodies but whichmeet criteria of control and public responsibility, function or service inrelation to the environment. The guidance discusses factors relevant toimplementation, including functions typically subject to the Regulations and thenature of control.

I refer the member to thequestion S2W-26818, answered on 23 June 2006. All answers to written parliamentaryquestions are available on the Parliament’s website, the search facility forwhich can be found at: http://www.scottish.parliament.uk/webapp/wa.search.

It is for Forth Ports to determinewhat their responsibilities are. We would expect them to consult on this.

It is for Forth Ports Authorityand ultimately the courts to determine what their powers are. The Forth Ports AuthorityForth Byelaws are made under powers conferred by Part VI of the Forth Ports AuthorityOrder (which was confirmed by the Forth Ports Authority Order Confirmation Act 1969).Byelaw 38 places masters of vessels under a duty to apply to the Harbourmaster foran anchorage, mooring or berth on arrival within the Forth and no vesselshall use moorings in the control or possession of the authority, except with thepermission of the Harbourmaster. Byelaw 39 states that no vessel shall anchor inthe Forth for the purpose of discharging or loading cargo, bunkering or taking waterwithout the permission of the Harbourmaster. Approvals or permissions given underthose byelaws are not subject to the agreement of the Scottish ministers.

It is for Forth Ports Authorityand ultimately the courts to determine what their responsibilities are under theEnvironmental Information (Scotland) Regulations 2004 (EISRs). Forth Ports plc is not a ScottishPublic Authority within the meaning of the Freedom of Information (Scotland) Act2002, although the definition of “Scottish public authority” in Regulation 2(1)of the EISRs can include certain organisations under the control of a public authoritythat have public responsibilities, functions or services in relation to the environment.

Regulation 3(4) of the Conservation(Natural Habitats, &c.) Regulations 1994 requires every competent authority,in the exercise of its functions, to have regard to the requirements of the HabitatsDirective (92/42/EEC) so far as they may be affected by those functions. Competentauthorities are therefore obliged to comply with the procedures and requirementsspecified in Article 6 of the Directive, whether or not they are also bound by otherobligations.

As a matter of law, only plansor projects covered by Regulations 53A to 85 of the Conservation (Natural Habitats,&c.) Regulations 1994 are subject to the specific obligations, set out in Regulation49, to notify the Scottish ministers and to defer a decision for a period of 21days.

However, no competent authoritymay agree to a plan or project unless it has ascertained that (a) the plan or projectwill have no significant effect on a European site, or that (b) the integrity of the site will not be adversely affected, or that (c) site integrity will be adverselyaffected but that there is no alternative solution and the plan or project mustbe carried out for imperative reasons of overriding public interest. This legalobligation, and the associated procedural requirements, apply irrespective of whetherthe competent authority is operating under Regulation 3(4) or Regulations 53A to85.

I refer the member to the answer to question S2W-26370 on 8 June 2006.The decision whether or not to takethe opinion of the general public in any particular circumstance is one for therelevant competent authority.

All answers to writtenparliamentary questions are available on the Parliament’s website the search facilityfor which can be at http://www.scottish.parliament.uk/webapp/wa.search.