- Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 17 October 2024
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Current Status:
Answered by Gillian Martin on 1 November 2024
To ask the Scottish Government whether it has developed the Cycle Two process for guiding and determining flood protection schemes under the Flood Risk Management (Scotland) Act 2009, and, if so, when this will be published.
Answer
A joint COSLA/ Scottish Government Flood Risk Management Funding Working Group has been set up to discuss funding and governance of flood resilience actions in Scotland and make recommendations to Cosla and Scottish Ministers on cycle 1 and cycle 2 flood protection schemes. The group includes representatives from COSLA, SEPA, local authority Directors of Finance and flood officers, and Scottish Government officials.
The work of this group continues with some recommendations already agreed by Ministers and COSLA Leaders whilst further recommendations are being developed.
- Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 17 October 2024
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Current Status:
Answered by Gillian Martin on 1 November 2024
To ask the Scottish Government whether Flood Risk Management Plans submitted to it by local authorities, under the provisions of the Flood Risk Management (Scotland) Act 2009, have been scrutinised and signed-off by experts with relevant expertise in all aspects of a scheme, including hydrology and civil and structural engineering, and who are fully independent and therefore not employed by the project proponents or by its appointed consultants, and, if this is not the case, whether it will undertake such scrutiny itself.
Answer
Flood Risk Management Plans are developed by SEPA, which has the expertise to do so as Scotland’s Strategic Flood Risk Management Authority.
It is a local authority responsibility to develop and deliver flood protection schemes. However, the Flood Risk Management (Scotland) Act sets out a specific set of circumstances where the Scottish Ministers may consider a scheme if they receive notice from a local authority under Schedule 2 of the Act.
Should Ministers decide that they wish to consider a scheme, a Public Local Inquiry would be held by a Reporter. The Reporter would hear evidence on all relevant considerations, including from relevant experts, before making a recommendation. Ministers would then consider the recommendation of the Reporter before making their decision.
- Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 17 October 2024
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Current Status:
Answered by Gillian Martin on 1 November 2024
To ask the Scottish Government how it is ensuring that value for money is achieved by the flood protection schemes that it is funding in full or partly.
Answer
It is a local authority responsibility to develop and deliver flood protection schemes. As such, it is for the local authority to ensure that its individual project is value for money and has a robust business case.
Individual local authorities are responsible for managing their finances in a prudent and sustainable way, ensuring the delivery of best value to the public for the services they provide. The Scottish Government provides grant funding to support local authorities in this responsibility through the general capital grant.
At a programme level, a joint COSLA/ Scottish Government Flood Risk Management Funding Working Group has been set up to discuss funding and governance of flood resilience actions in Scotland. The group includes representatives from COSLA, SEPA, local authority Directors of Finance and flood officers, and the Scottish Government. This group have been tasked with making recommendations to improve affordability, learn lessons for future programmes, and discuss future funding arrangements. This includes consideration of VfM.
- Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 17 October 2024
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Current Status:
Answered by Gillian Martin on 1 November 2024
To ask the Scottish Government, prior to progressing a flood protection scheme to the objections stage, and where any proposals other than the deemed planning authority-granted elements are included in presentations to the community, what its position is on whether planning permission for such proposals should be obtained prior to their inclusion in the final presentation to the community.
Answer
Section 57(2B) of the Town and Country Planning (Scotland) Act 1997 provides that once a flood protection scheme is confirmed (whether by the local authority or the Scottish Ministers), the Scottish Ministers are to direct that planning permission for the development is deemed to be granted, subject to any planning conditions which Ministers may specify.
The implementation of the Town and Country Planning (Scotland) Act 1997 is a matter primarily for local planning authorities.
- Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 17 October 2024
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Current Status:
Answered by Gillian Martin on 1 November 2024
To ask the Scottish Government what its position is on whether the community that is purported to benefit from a flood protection scheme must always be consulted on the options long list in the early stages of a proposal, which is then used to produce an options short list.
Answer
It is a local authority responsibility to develop and deliver flood protection schemes and we would expect them to engage with their local communities on relevant design considerations throughout the development process.
The Scottish Government will publish a Flood Resilience Strategy by the end of this year, which will set out our vision on creating flood resilient places and recognise the important contribution people and communities make to their own flood resilience.
- Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 17 October 2024
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Current Status:
Answered by Gillian Martin on 1 November 2024
To ask the Scottish Government what its position is on whether the potential impact of schemes and actions to prevent flood risks in conservation areas must be carried out in equivalence to that of historic and scheduled monuments, in light of these being covered by the Listed Buildings and Conservation Area (Scotland) Act 1997.
Answer
It is a local authority responsibility to develop and deliver flood protection schemes, ensuring that it complies with all relevant legislation, policy and guidance.
- Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 02 October 2024
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Current Status:
Answered by Jenny Gilruth on 30 October 2024
To ask the Scottish Government, in light of the findings in the report, The Ethical Basis of the Scottish Health and Wellbeing Census, 2021-22, by Lindsay Paterson, Emeritus Professor of Education Policy at the University of Edinburgh, which outlines ethical failings in how data was gathered, how it will give all children and families the right to request deletion of their data, and whether it will commit to deleting all data gathered, in light of the reported concerns that it is unfit to be used by ethical researchers.
Answer
The Scottish Government takes the privacy of citizen’s data very seriously and is committed to ensuring that the personal data we hold complies with the Data Protection Act and the UK General Data Protection Regulation (UK GDPR).
The UK GDPR gives individuals the right to have personal data erased, and requests for deletion can be made to the data controller(s) of the personal data. However, the right is not absolute and only applies in certain circumstances.
The right to erasure does not apply if processing is necessary for some specific purposes, including for the performance of a task carried out in the public interest or in the exercise of official authority, or for archiving purposes in the public interest, scientific research, historical research or statistical purposes where erasure is likely to render impossible or seriously impair the achievement of that processing.
- Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 23 October 2024
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Current Status:
Taken in the Chamber on 30 October 2024
To ask the Scottish Government what its position is on whether the participation of disabled people in the economy is of significant benefit.
Answer
Taken in the Chamber on 30 October 2024
- Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 11 September 2024
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Current Status:
Taken in the Chamber on 19 September 2024
To ask the Scottish Government what its response is to the reported comments by Glasgow Disability Alliance that the Disability Equality Plan lacks the ambition, meaningful actions or commitments needed to improve disabled people's lives.
Answer
Taken in the Chamber on 19 September 2024
- Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 28 August 2024
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Current Status:
Taken in the Chamber on 5 September 2024
To ask the Scottish Government whether it will provide further details of its position on the re-introduction of peak fares on ScotRail trains.
Answer
Taken in the Chamber on 5 September 2024