Chamber and committees

We do not expect local authorities to develop new consultation processes on river catchment management and individual property protection measures.

The Flood Risk Management Act (2009) sets out Scotland’s catchment based approach to Flood Risk Management, including requirements for consultation on measures to reduce flood risk.

To support the implementation of the Act, the Scottish Government produce statutory and non-statutory guidance to help SEPA, local authorities and Scottish Water fulfil their responsibilities.

In 2019, the Scottish Government published the second edition of Delivering Sustainable Flood Risk Management . It includes advice for engaging with individuals, communities and landowners on flood risk, on steps that individuals can take to protect their families, homes and businesses from flooding, and of actions to avoid that can increase flood risk.

Our Living with Flooding Action Plan , also published in 2019 recommends actions for a range of stakeholders to take to help promote property flood resilience in Scotland. We continue to work with the steering group to help implement the actions set out in the plan.

We consider that these documents provide appropriate guidance for consultation on developing environmental considerations and policies.

COSLA recommended to Scottish Ministers that the flood protection schemes eligible for funding in the Flood Risk Management Strategies published in December 2015 which are not yet “legally committed” are paused. Ministers accepted this recommendation and COSLA are undertaking a review of these projects to assess their status and viability. COSLA will present the review findings to Ministers in due course. This pause and review of schemes is one element of the work being taken forward to review the current funding and distribution arrangements for flood risk management. The Scottish Government has not suspended any expenditure on the flood risk management schemes.

The scheduling of Cannabis Based Products for Medicinal Use (CBPMs) under the Misuse of Drugs Act 1971 is a function reserved to the UK Government and the Scottish Government has no powers to alter its status.

Having considered possible options for funding private prescriptions for CBPMs for children in Scotland with uncontrolled epilepsy, the Scottish Government continues to consider that it would be inappropriate for the costs associated with a private prescription to be paid by the NHS, as this would have the effect of re-directing public funding from the NHS care to private care.

Despite the change under relevant UK legislation in 2018, many doctors remain concerned about the limited evidence on the safety and efficacy of those medicines which are unlicensed. The Scottish Government therefore considers that randomised controlled clinical trials are necessary as part of the medicine licensing process in order to demonstrate a product’s safety, quality and efficacy. This is why we are committed to working with NHS England and the National Institute for Health Research to build a clearer evidence base in order to enable clinicians to have the assurances they need to consider prescribing these products on the NHS.

Wind farm applications under 50MW are considered under planning legislation whilst proposals over 50MW are dealt with under the Electricity Act.

Planning legislation cases

Information on the approval rate of wind farm applications in each local authority area, not determined by Scottish Ministers, is not held centrally. The Scottish Government publishes figures on the approval rate of all planning applications determined by Planning Authorities for different types of development in Scotland. Over the past 5 years the approval rate has been consistently over 93.7% (this includes the development type Electricity Generation, which includes wind farm applications). The information is available on the following website: https://www.gov.scot/collections/planning-statistics/

Scottish Ministers have called-in two planning applications from Orkney Islands Council and issued decisions in 2021 granting consent for both applications.

The following table confirms the position in relation to planning appeals. All bar two of these appeals were decided by reporters from the Planning and Environmental Appeals Division of the Scottish Government. The two appeals not decided by reporters were in the Argyll and Bute Council area, one in 2017 and one in 2019, and were both allowed by Scottish Ministers.

The Draft Fourth National Planning Framework (NPF4) was laid in Parliament on 10 November 2021. The draft sets out that ‘Local development plans should identify and protect locally, regionally, nationally and internationally valued natural assets, landscapes, species and habitats’. In addition to the parliamentary scrutiny of the draft, a public consultation runs until 31 March 2022 and the Scottish Government welcomes responses and comments being provided to support the production of a finalised NPF4. Further information is available from: www.transformingplanning.scot .

Our £9 million funding package to deal with the Omicron crisis has been targeted at those businesses most severely impacted. We recognise that the public health advice to reduce the spread of omicron and the re-introduction of regulations has affected some businesses more than others within tourism and hospitality.

B&Bs and Guesthouses are not as severely affected by restrictions as other businesses, and therefore not in scope for this tranche of funding. We recognise that this is a challenging time for businesses of all kinds and are continuing to press the UK Government for more comprehensive support.

On 2 September 2021 the Scottish Government published the National Guidance for Child Protection in Scotland. This non-statutory guidance describes the responsibilities and expectations of everyone who works with, or comes into contact with children and young people, families and carers in Scotland. The key role of the education workforce in protecting children is affirmed and strengthened by the inclusion of education staff in all references to multi-agency arrangements.

Following publication, local authority schools, Grant Aided Special Schools and independent schools will review and update their procedures in line with the national guidance.

A National Child Protection Guidance Implementation Group has been established to support implementation over the next 18-24 months. Education Scotland and the Association of Directors of Education in Scotland are both represented on the group, which will also engage with the Scottish Council of Independent Schools to support all schools with implementation of the guidance over the coming months.

The Scottish Government has regular discussions with the General Teaching Council for Scotland on a wide range of topics, including child protection and safeguarding. I also refer the member to the answer given to S6W-05202 on 17 January 2022. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

We are working with local authority partners to develop a fully funded free school milk scheme for primary age pupils as well as a free school milk scheme pilot for secondary age young people. Existing subsidy arrangements will continue for another year to ensure that local authorities can continue to access subsidy towards their local school milk schemes while the new scheme is being developed.

We are working with local authority partners to develop a fully funded free school milk scheme for all children in primary schools as well as a free school milk scheme pilot in secondary schools.