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: S5W-05668

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Thursday, 15 December 2016
Current Status: Answered by Humza Yousaf on 22 December 2016

To ask the Scottish Government what its position is on high-visibility jackets or should straps being made mandatory for cyclists. jackets or shoulder straps being made mandatory for cyclists.

At present the wearing of high visibility clothing for cyclists is not mandatory and there are currently no plans to review or change this.

However, high visibility clothing can play a role in preventing accidents, which is why we continue to work through Road Safety Scotland to promote the advice in the Highway Code on safe cycling, including encouraging cyclists to ensure that they are visible to other road users and take steps to safeguard themselves by wearing appropriate clothing.

Question reference: S5W-05394

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 07 December 2016
Current Status: Answered by Roseanna Cunningham on 20 December 2016

To ask the Scottish Government what plans it has to introduce statutory protection of the freshwater pearl mussel population in the unnamed water, "river x".

Further to the answer to question S4W-28305 on 19 November 2015, Scottish Natural Heritage's advice on the Scottish suite of Special Areas of Conservation for freshwater pearl mussel remains in preparation following the recent discovery of a previously unrecorded population in south west Scotland.

That analysis notwithstanding, the freshwater pearl mussel is protected under Section 9 (via its listing on Schedule 5) of the Wildlife and Countryside Act 1981 which means that it is an offence to intentionally or recklessly:

kill, injure or take a freshwater pearl mussel;
damage, destroy or obstruct access to any structure or place which freshwater pearl mussels use for shelter or protection; or
disturb a freshwater pearl mussel when it is occupying a structure or place for that purpose

It is also an offence to possess or control, sell, offer for sale or possess or transport for the purpose of sale any live or dead freshwater pearl mussel or any derivative of a freshwater pearl mussel.

Knowingly causing or permitting any of the above acts to be carried out is also an offence.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx

Question reference: S5W-05342

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Monday, 05 December 2016
Current Status: Answered by Paul Wheelhouse on 15 December 2016

To ask the Scottish Government whether it is investigating the awarding of planning permission on the Altnaharra estate, in light of a petition backed by people outwith Sutherland.

Scottish Ministers granted consent for the Creag Riabhach Wind Farm located on Altnaharra Estate on 17 October 2016. Consents granted by Scottish Ministers on applications submitted under Section 36 of the Electricity Act 1989 are subject only to challenge in the courts. The decision letter sets out in full the grounds for this decision and while I recognise the strongly held views of others, I believe the decision taken was correct, in light of the evidence presented to me on the nature of points made in support or objection to the project and based on my own visit to the site. The decision letter also includes a summary of consultation responses and representations by members of the public and highlights that the Highland Council raised no objection and strong support was received from Bettyhill, Strathnaver and Altnaharra Community Council, Durness Community Council and Kinlochbervie Community Council. A copy of the decision letter and associated documents can be viewed on the Scottish Government's Energy Consents website.

Question reference: S5W-05131

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Monday, 28 November 2016
Current Status: Answered by Humza Yousaf on 8 December 2016

To ask the Scottish Government whether it will clarify the laws on disabled parking bays, and what efforts are being made to deter road users who are not disabled from using these bays.

The law relating to parking, including disabled parking is primarily governed by the Road Traffic Regulation Act 1984, which specifies what type of parking places can be created by local authorities. Local authorities also have duties under the Disabled Persons’ Parking Places (Scotland) Act 2009, which complements the legislative framework mentioned above, and places responsibility on all local authorities to promote the proper use of disabled parking places. It aims to make all disabled parking bays enforceable via a traffic regulation order, which local authorities can enforce if they have Decriminalised Parking Enforcement powers or by Police Scotland.

The Scottish Government has no current plans to amend the 2009 Act, however, Transport Scotland officials who are examining issues surrounding responsible parking will consider concerns raised in relation to enforcement of disabled parking bays as part of their public consultation and via a stakeholder group with all local authorities.

Question reference: S5W-04858

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Friday, 18 November 2016
Current Status: Answered by Michael Matheson on 30 November 2016

To ask the Scottish Government what plans it has to digitise (a) airgun, (b) firearm and (c) shotgun certificates to allow online completion.

The majority of firearms legislation is reserved to Westminster. This includes the Firearms Rules 1998 which make provision for applying for firearm and shotgun certificates. The Rules currently require that applications are signed in ink. The idea of online applications has recently been raised with Scottish Government officials by the Home Office, but there are no immediate plans for change.

No specific provision was made for electronic applications for air weapons certificates under Part 1 of the Air Weapons and Licensing (Scotland) Act 2015. The aim has been to provide an air weapons regime in Scotland which is broadly parallel to the process for other firearms. We will, however, keep the position under review.

Question reference: S5W-04940

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 22 November 2016
Current Status: Answered by Humza Yousaf on 30 November 2016

To ask the Scottish Government what action it is taking to reduce the use of so-called pothole filling in Aberdeenshire instead of full road repairs.

The Transport Scotland Road Asset Management Plan sets out how Scotland's trunk road network is maintained strategically and efficiently in order to protect our assets and ensure we get maximum value for money from our available budgets. In addition to our programmed works regular safety inspections are undertaken to identify hazardous defects like potholes, which are then repaired by the trunk road operating companies within the strict timescales set-out in their contracts.

The Roads (Scotland) Act 1984 places the statutory responsibility for local roads improvement, maintenance and repair with local road authorities. We are committed to working with local government to help improve the condition of roads and pavements throughout the country. Primarily we do this through our participation in the Road Collaboration Programme, which is supporting all councils in Scotland to explore opportunities to share services. A number of regional partnerships have now been established including the Northern Roads Collaboration Forum, which includes Aberdeenshire Council and Aberdeen City Council.

Question reference: S5W-04790

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 November 2016
Current Status: Answered by Roseanna Cunningham on 29 November 2016

To ask the Scottish Government what plans it has to review the Flood Risk Management (Scotland) Act 2009 and what its position is on the immediate inclusion of settlements that have been flooded, but are not currently determined to be potentially vulnerable areas (PVAs), on the list of PVAs without having to wait until the end of the five-year review period.

I refer the member to the answer to question S5W-04269 on 8 November 2016. All answers to written parliamentary are available on the parliament's website, the search facility for which can be found at: http://www.parliament.scot/parliamentarybusiness/28877.aspx.

The process and timescales for identification of Potentially Vulnerable Areas (PVAs) is set out in the Flood Risk Management (Scotland) Act 2009 and in the Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Regulations 2010. The Regulations require that SEPA must review, update where appropriate, and submit to the Scottish Ministers the document identifying the PVAs by 22 September 2018. There are no plans to change this date.

Question reference: S5W-04780

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 November 2016
Current Status: Answered by Roseanna Cunningham on 29 November 2016

To ask the Scottish Government what discussions it has had with local authorities regarding increasing the number of bin collections for larger homes.

The frequency of bin collection is for local authorities to decide. It is for each council to determine how they deliver local services and what is the most appropriate collection system for their area.

However, the Scottish Government will continue to work closely with councils on waste and recycling and in particular with regard to the joint Scottish Government-COSLA Household Recycling Charter which will provide more consistency in the way councils meet their recycling obligations.

Question reference: S5W-05151

Current Status: Withdrawn

Question reference: S5W-04295

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Monday, 31 October 2016
Current Status: Answered by Humza Yousaf on 14 November 2016

To ask the Scottish Government, in its bid for the ScotRail franchise, by what date Abellio indicated that it would introduce refurbished IC125 trains on inter-city rail routes in Scotland; whether that date is expected to be met and, if not, by what date the trains will be in service and whether a financial penalty would be applied to Abellio if it did not improve services in the event of a delay in introducing improved trains.

All of the information related to Abellio’s commitments to introduce new and refurbished rolling stock is within the Franchise Agreement, Schedule 1.6, Part 1. This is the formal contract between Scottish Ministers and ScotRail and has been available since 20 February 2016 on the Transport Scotland website.

On potential penalties I refer the member to the answer to question S4W-24870 on 23 March 2015. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx.