Chamber and committees

The Scottish Government is aware of the intentions of the UK Government and other devolved administrations in relation to changes in animal cruelty sentencing legislation. There have been no formal discussions of the issue in 2018.

The Lord Advocate's Guidelines on the Operation of Police Conditional Offers of Fixed Penalty, provide guidance to the Police on action that may be taken in relation to speeding offences. Available action includes the provision of a warning in a case which does not merit a conditional offer of a fixed penalty or a report to the procurator fiscal.

Scottish Natural Heritage (SNH) publishes details of the annual expenditure on Managed Sites in its Annual Reports, which are available on the SNH website, http://www.snh.gov.uk/ . The following table sets out the published figures for 2013-14 to 2016-17 and the estimated expenditure in 2017-18. These figures include the costs of managing SNH’s 36 National Nature Reserves (NNRs).

Scottish Natural Heritage’s (SNH’s) 36 National Nature Reserves (NNRs) contribute directly to many of the Scottish Biodiversity Strategy targets. For example:

•  SNH has active or planned peatland restoration and conservation work on ten of its reserves. Four reserves are also used in support of the Scotland-wide Peatland Action Programme to host peatland management demonstration and contractor training events.
•  SNH’s reserves help conserve about 6,000 ha of native woodland and SNH pursues woodland conservation and expansion on at least 9 NNRs, including the piloting of novel woodland restoration and expansion approaches.
•  SNH’s NNRs generate more than 600,000 visits to the countryside and provide for 3,500 education visits and work-experience for school pupils and placements for students on environmental management courses. Where possible, efforts are directed at supporting schools in the most disadvantaged areas.
•  SNH’s NNRs conserve 818 (c15% of all) ‘designated’ protected natural features of overlapping sites of special scientific interest and Natura sites. 94.9% of these are in favourable or unfavourable recovering condition, where there was an on-site remedy. (The comparable figure for all features with an onsite remedy is 87.2%).
•  SNH’s NNRs support improving connectivity through collaboration in wider landscape initiatives such as Cairngorms Connect, the Carse of Stirling Project and the Cairngorms National Park Forest and Woodland Network.

The following table sets out Scottish Natural Heritage (SNH) estimates for staff employed on site for the direct management of its National Nature Reserves in each of the last five years.

Scottish Government officials discuss priority areas of work, including those identified in the Scottish Natural Heritage (SNH) Corporate Plan 2018-2022 Connecting People and Nature , with SNH on an ongoing basis.

SNH decides, through its annual business planning round, how and to what extent it will use its National Nature Reserves to achieve its outcomes. SNH’s intentions for 2018-2019 are set out in its latest Business Plan, Making Connections: Year 1 . This indicates that SNH plans to reduce staff resources for nature reserves by approximately 6 full time equivalent staff this year. Resource allocations for subsequent years will appear in future annual Business Plans.

You will appreciate that I cannot provide a specific date, but will make a decision on this recalled appeal as soon as possible. As Planning Minister I always ensure that no unnecessary delay occurs in the issue of a decision. As with all planning appeals before Ministers, it is not appropriate to comment on the specifics of the case.

The Scottish Government is actively considering where environmental governance gaps in Scotland may arise should the UK leave the EU. To assist with this, I asked the Roundtable on Environment and Climate Change to advise on any potential environmental governance gaps and to suggest a range of options on how best to address those gaps. The Roundtable have now provided me with their advice which I am giving careful consideration to, alongside considering the next steps. These next steps will include publication of the Roundtable’s advice and taking forward the commitment set out in the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill to consult on proposals on how to ensure that there continues to be effective and appropriate governance relating to the environment following the withdrawal of the UK from the EU.

The Scottish Government has been clear that that the UK’s decision to leave the EU must not provide an excuse to lower environmental standards in Scotland, the UK or Europe. We are fully committed to continuing to maintain, protect and enhance environmental standards. The UK Government must not be able to impose lower standards in the UK, including in Scotland.

The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill includes three mechanisms which together embed our commitment to continuing to set high standards of environmental protection. These provisions are not mirrored in the UK Government’s European Union (Withdrawal) Bill.

Firstly, our Bill ensures we will consider environmental and animal welfare principles when using the Bill’s regulation making powers. Secondly, the Bill enshrines our commitments to consulting on how the environmental principles will continue to guide future policy and legislation, and how to maintain effective and appropriate environmental governance following EU withdrawal. Finally, the keeping pace power in the Bill would enable us to keep our environmental legislation in line with existing high standards of EU law and ensure that we do not lag behind Europe.

The Scottish Government fully supports all steps taken to protect sheep from out of control dogs. The consequences of sheep worrying can be devastating all year round and in particular in lambing season.

The 'sheep-wise' video produced by Quality Meat Scotland and the National Sheep Association is an excellent example of a current campaign which highlights the consequences to the public of failing to control their dogs when around other animals such as sheep.

The law on sheep-worrying is found in the Dogs (Protection of Livestock) Act 1953. This legislation provides that if a dog worries livestock on any agricultural land, the owner of the dog, and, if it is in the charge of a person other than its owner, that person also, shall be guilty of an offence under this Act. The definition of worrying livestock is if a dog attacks livestock, or chases livestock in such a way as may reasonably be expected to cause injury or suffering to the livestock or, in the case of females, abortion, or loss of or diminution in their produce, or is at large (that is to say not on a lead or otherwise under close control) in a field or enclosure in which there are sheep.

Police Scotland is committed to applying the law robustly if dog owners don't keep their dogs under control, including investigating all incidents of livestock worrying and reporting cases reported to the Procurator Fiscal with a view to securing appropriate convictions. In addition, local authorities have powers to impose civil dog control notices if dogs are out of control and this includes on agricultural land.

The Scottish Government fully supports effective enforcement of the law in this area by justice agencies and local authorities.