Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S4O-04458

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Wednesday, 10 June 2015
Current Status: Taken in the Chamber on 17 June 2015

To ask the Scottish Government what discussions it has had with the National Museum of Scotland regarding the request to repatriate to Canada the remains of the last two members of the Beothuk tribe.

Question reference: S4W-25869

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Monday, 01 June 2015
Current Status: Answered by Derek Mackay on 10 June 2015

To ask the Scottish Government whether it will ask Caledonian Maritime Assets Ltd to ensure that the final specification for two new ferries for the Clyde and Hebrides Ferry Services will allow their operation on all routes without modifications to piers or harbours.

Question reference: S4W-25868

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Monday, 01 June 2015
Current Status: Answered by Derek Mackay on 10 June 2015

To ask the Scottish Government whether it will ask Caledonian Maritime Assets Ltd to reconsider the length specification for two new ferries for the Clyde and Hebrides Ferry Services, as this would restrict their usage on a number routes, including those to Islay and Mull.

The length of a vessel directly affects its capacity to carry vehicles. Following a detailed demand led analysis, carrying capacity is seen as the primary constraint on a large number of routes, and has thus informed the proposed specification for the new vessels. Shorter vessels would severely restrict the available carrying capacity, particularly for freight traffic.

For any new vessel procurement exercise, the length of vessels will be fully considered, either in terms of vessel design or for any necessary port modification requirements.

Question reference: S4W-25870

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Monday, 01 June 2015
Current Status: Answered by Derek Mackay on 10 June 2015

To ask the Scottish Government whether it will require Caledonian Maritime Assets Ltd to develop a standard specification for the procurement of two new ferries for the Clyde and Hebrides Ferry Services that could permit the building of further ferries for use on all existing services and capable of using all pier and harbour infrastructure without major modification.

Caledonian Maritime Assets Ltd (CMAL) has developed a ferry design specification that is capable of utilising a number of existing pier and harbour facilities. Restricting the ferry design to fit with all existing pier and harbour facilities would limit the carrying capacities in terms of passengers, cars and freight and would not make best use of emerging technologies and deeper water ports. This would also restrict the changes that could be made to ferry designs that would otherwise reduce fuel consumption, minimise emissions and lower operating costs.

Future development of pier and harbour facilities to ensure maximum flexibility and fit with vessel design and deployment is a key priority for CMAL moving forward.

Question reference: S4W-25867

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Monday, 01 June 2015
Current Status: Answered by Derek Mackay on 10 June 2015

To ask the Scottish Government whether it will ensure that Caledonian Maritime Assets Ltd does not proceed to final tender decision for two new ferries for the Clyde and Hebrides Ferry Services without agreement from the communities served by these routes that the specifications are (a) suitable for existing piers and harbours and (b) capable of replication over a number of years.

Caledonian Maritime Assets Ltd (CMAL) will ensure that prior to any contract award it will ascertain that the new vessels will be suitable for the existing piers and harbours on the routes identified for the initial deployment of these vessels.

If this proves not to be possible, CMAL will identify what modifications may be required to the piers and harbours (or the vessels’ preliminary designs) to allow the vessels to operate from these ports. There are potentially 15 piers and harbours on the Clyde and Hebrides network that these vessels can serve.

CMAL will be capable of procuring similar vessels in the future.

Question reference: S4W-25688

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Thursday, 21 May 2015
Current Status: Answered by Marco Biagi on 5 June 2015

To ask the Scottish Government what redress is available to a councillor who is refused access to papers regarding the local authority's budget and the development of financial plans.

Reports submitted to meetings of a council, its committees and subcommittees are covered by the provisions of Part IIIA of the Local Government (Scotland) Act 1973. This requires them to be available for public inspection, unless they are to be considered in private session. Following the meeting, background papers have to be made available in accordance with a statutory scheme. Section 50F provides that a member of an authority is always entitled to inspect material relevant to business to be transacted at a meeting of the authority, unless it would disclose exempt information, as are members of committees, where committee business is involved.

These provisions do not cover meetings which are not part of a council’s formal committee structure, in which case the release of reports is a matter for the council itself.

In the first instance a member of an authority should approach whichever officer or officers the council has designated as its proper officer for such matters for access to material. Ultimately a member of an authority could seek access to documents through the courts, or pursue a complaint of maladministration with the Scottish Public Services Ombudsman.

Question reference: S4W-25689

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Thursday, 21 May 2015
Current Status: Answered by Marco Biagi on 5 June 2015

To ask the Scottish Government whether the power of general competence available to a local authority allows it to establish committees that (a) take no minutes, (b) do not permit their papers to be distributed to councillors who are not members of the committee, (c) forbid councillors who are not members of the committee to attend and (d) meet in private and exclude the public at all times.

Local authorities in Scotland do not have a power of general competence, instead they have a power to advance well-being. The Local Government (Scotland) Act 1973 provides the legal framework within which councils have to operate, and it makes provision for the arrangements for formal committees of a council. It is for a council to decide how it conducts its business, providing it complies with the 1973 Act.

Question reference: S4W-25690

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Thursday, 21 May 2015
Current Status: Answered by Marco Biagi on 5 June 2015

To ask the Scottish Government whether it considers that the establishment of a local authority committee that (a) met in private and excluded the public at all times, (b) took no minutes, (c) refused councillors who are not members of the committee access to its papers, (d) refused councillors who are not members of the committee to attend and (e) gave no indication of the means by which its recommendations would be published or issued for final decision by the local authority would be consistent with best practice in local authorities in the development of budgets and financial plans.

The Local Government (Scotland) Act 1973 provides the legal framework within which councils have to operate, and it makes provision for the arrangements for formal committees or sub-committees of a council. This includes arrangements for admission to meetings and access to agendas and connected reports, including minutes.

A council may establish other groups to take forward matters as it chooses, however where a working group, or similar, is set up, it cannot exercise the council’s statutory functions and decisions on those would have to be taken by the council itself, or by a committee to which the access arrangements of the Local Government (Scotland) Act 1973) apply. It is up to a council to ensure that its arrangements comply with relevant statutory requirements and meet the requirements of best value, which include the principles of accountability and transparency.

Question reference: S4W-25628

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Wednesday, 20 May 2015
Current Status: Answered by Richard Lochhead on 5 June 2015

To ask the Scottish Government, in light of recent scientific evidence that suggests that the method does not cause environmental damage, whether it will consider a pilot licensing system for the catching of razor clams by electro-fishing.

Electrofishing is prohibited under EU law and could only be licensed in Scotland were the relevant EU regulations repealed or if a specific derogation was applied for and granted. Accordingly the Scottish Government has no power at present to license commercial fishing with electricity. Scientific studies have been conducted and these suggest that electrofishing could be more environmentally benign than other traditional methods, but this study did not address the broader question of long-term sustainability of razor clam populations under various levels of commercial fishing activity nor the medium to long-term effects of electrofishing. Further study and research will be required on these issues. In the meantime, the Scottish Government is considering whether to seek a derogation from EU law.

Question reference: S4W-25629

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Wednesday, 20 May 2015
Current Status: Answered by Richard Lochhead on 5 June 2015

To ask the Scottish Government, in light of recent scientific evidence that suggests that the method does not cause environmental damage, whether it has discussed with Clyde fishermen reconsidering the ban on the catching of razor clams by electro-fishing.