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: S4W-25537

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Tuesday, 19 May 2015
Current Status: Answered by Derek Mackay on 3 June 2015

To ask the Scottish Government what its position is on the evidence given at Oban Sheriff Court in May 2015 suggesting that, at the time of a fatal accident in August 2013, the A85 at Connel was uneven, had a low texture depth and a severe deficiency in skid resistance and that Transport Scotland was aware of such concerns prior to the accident; whether it will investigate the allegations, and, if substantiated, what action it will take.

Whilst aware of recent press reports, the Scottish Government was not a party to the proceedings at Oban Sheriff Court and is not, therefore, in a position to comment on those. Condition surveys of the A85 at Connel were undertaken in the three year period prior to this accident. Based on the results of those surveys, the road surface at this location was investigated in line with UK-wide road standards and Transport Scotland’s skid resistance policy in May 2011, August 2012 and July 2013. All assessments concluded that no action was required to improve skid resistance. The site was also visited by Transport Scotland representatives and Police Scotland after the accident, when it was noted that the road surface, road markings and road studs were in good condition and concluded that an accident investigation study was not required.

The site was investigated again in June 2014 in line with the skid resistance policy. That investigation concluded that maintenance work should be considered to improve the skid resistance and to address other surface defects that had developed since the previous investigation. The road was re-surfaced in July 2014.

Transport Scotland and its operating companies take road safety very seriously and have robust inspection and repair processes in place across the trunk road network.

Question reference: S4W-25541

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Thursday, 14 May 2015
Current Status: Answered by Alex Neil on 28 May 2015

To ask the Scottish Government whether it will review the system of neighbour notification in the planning system to ensure that people with an interest in a development but who are temporarily absent from their property when the notification is delivered are fully consulted.

The current system aims to ensure that whoever is living in a property, whether owner, occupier or lessee, has opportunity to comment on proposals which may affect that property. Neighbour notification is only one way in which the public can find information about planning applications, and all planning authorities are required to publish online a list of all planning applications in their area. Certain types of application may also require notices to be published in newspapers.

Any changes requiring authorities to undertake searches to identify individual owners would cause delay and introduce additional burden to the system. We have no current plans for review.

Question reference: S4W-25540

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Thursday, 14 May 2015
Current Status: Answered by Alex Neil on 27 May 2015

To ask the Scottish Government what its position is on whether neighbour notifications for planning applications being delivered to properties, but not specifically addressed to each owner, ensures that all affected parties in the immediate vicinity of the development are informed.

The neighbour notification system aims to strike a balance between ensuring public engagement whilst at the same time ensuring efficient processing. Any requirement for planning authorities to undertake a property search, for example, would introduce new obligations and add cost and delay.

Neighbour notification is only one way in which the public can find information about planning applications. All planning authorities are required to publish online a list of all planning applications in their area (a weekly list of applications must also be sent to every community council in the area). Certain types of application may also require notices to be published in newspapers.

Question reference: S4W-25539

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Thursday, 14 May 2015
Current Status: Answered by Alex Neil on 27 May 2015

To ask the Scottish Government what its position is on whether there are deficiencies in how the system of neighbour notification for planning applications operates.

Question reference: S4W-25538

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Thursday, 14 May 2015
Current Status: Answered by Alex Neil on 27 May 2015

To ask the Scottish Government what representations it has received in the last year regarding how the system of neighbour notification for planning applications operates, and how many of these were classified as complaints.

Correspondence and complaints concerning the operation in practice of planning procedures are a matter for the relevant planning authority in the first instance. The Scottish Government does not hold information centrally on how many complaints local authorities receive on this issue.

The Scottish Government’s Planning and Architecture Division has received only a very small number of written representations concerning neighbour notification procedures generally within the past year.

Specifically on neighbour notification for wind turbine applications, public petition PE1469 was submitted to the Scottish Parliament on 19 March 2013. This sought changes to neighbour notification distances associated with wind turbine planning applications. The petition was considered by the Public Petitions Committee which referred the case to the Local Government and Regeneration Committee on 10 December 2013. To address the concerns raised the Scottish Government agreed to produce good practice guidance rather than seek legislative change. The draft guidance document was subject to public consultation between October and December 2014. In total 46 respondents submitted comments and information within the consultation period. As a consequence of the consultation responses, a number of amendments have been made to the final draft of the good practice guidance in order to address as many concerns as practically possible.

Question reference: S4W-25542

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Thursday, 14 May 2015
Current Status: Answered by Alex Neil on 27 May 2015

To ask the Scottish Government whether it will launch a consultation on revising the planning system and, if so, whether this would provide an opportunity to comment on how the system of neighbour notification for planning applications operates.

The planning system has undergone significant modernisation in recent years and there are no plans at present to undertake a fundamental review.

We continue to engage with stakeholders to ensure that planning remains efficient, effective and inclusive and we promote ongoing improvement in the performance of the system. We are looking at where additional non-legislative improvements are required.

Question reference: S4W-25405

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Tuesday, 28 April 2015
Current Status: Answered by Marco Biagi on 12 May 2015

To ask the Scottish Government whether Argyll and Bute Council informed it that, in 2002, it granted a 25-year lease to Actual Reality Ltd regarding Castle Toward instead of the 99-year lease period agreed by ministers after consent by Glasgow and East Renfrewshire councils and, if so, when.

Question reference: S4W-25401

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Tuesday, 28 April 2015
Current Status: Answered by Marco Biagi on 12 May 2015

To ask the Scottish Government what commercial value was put on Castle Toward by Argyll and Bute Council when it approached ministers to seek permission to grant a 99-year lease on the castle to Actual Reality Ltd; on what date the council (a) sought and (b) received ministerial permission to grant it at a peppercorn rent, and what conditions ministers attached to the lease.

The council sought ministerial permission to lease Castle Toward to Actual Reality Learning and Leadership Company at less than best price in September 2002, and permission was granted on 18 December 2002. In line with normal practice at that time, ministers did not attach conditions to the permission, and the lease terms were not detailed in the consent letter. Information on the commercial value put on Castle Toward by Argyll and Bute Council when it approached ministers is no longer available.

Question reference: S4W-25232

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Thursday, 02 April 2015
Current Status: Answered by Fiona McLeod on 6 May 2015

To ask the Scottish Government what recourse is available to a member of the public who is concerned that the convener of a child protection committee (a) appears to lack knowledge of key legislation and (b) might be being unduly influenced by a local authority.

Child protection committee chairs are either independent chairs who are under a contractual arrangement with a local authority, health board or Police Scotland, or direct employees of those agencies.

It is therefore open to members of the public who have concerns about the child protection committee chair to complain to the relevant agency. Any complaints or concerns must be addressed by that agency. All local agencies must have a complaints procedure in place which they are legally bound to follow and will provide details on request.

If complainants are unsatisfied with the outcome of that process they can contact the Scottish Public Services Ombudsman which is the independent agency for dealing with complaints against public bodies in Scotland. However, they must have completed the local agencies complaint procedure before the Ombudsman will consider their case.

Question reference: S4T-01005

Asked by: Michael Russell, MSP for Argyll and Bute, Scottish National Party
Date lodged: Tuesday, 05 May 2015
Current Status: Taken in the Chamber on 5 May 2015

To ask the Scottish Government what action it will take to secure lifeline flights from Oban to the islands of Colonsay, Coll and Tiree, which are to be withdrawn by the operator from 16 May.