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: S6W-30669

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether the design requirements of flood protection schemes (FPS) should be determined first-and-foremost by the hydrological and river and/or coastal geomorphology, and that, therefore, the design of any active travel plans in the same area should only ever be considered once the design of an FPS has been agreed.

Question reference: S6W-30838

Asked by: Lorna Slater, MSP for Lothian, Scottish Green Party
Date lodged: Thursday, 24 October 2024
Current Status: Answered by Tom Arthur on 1 November 2024

To ask the Scottish Government by what date it will publish its response to the report, Developing Scotland's Economy: Increasing The Role Of Inclusive And Democratic Business Models, and whether this will include a commitment and timeline to establish an economic democracy group, as recommended by the report.

Question reference: S6W-30670

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether a working version of all hydrological and hydraulic models used to formulate flood maps in support of flood protection schemes should be made freely available to the public.

SEPA’s National Flood Risk Assessment (NFRA) underpins the Flood Risk Management Planning process in Scotland. It identifies potentially vulnerable areas (PVAs) where a multiagency approach is likely to be required to address flood risk. This ensures the process is nationally consistent.

The NFRA uses SEPA’s national flood hazard maps which include rivers, the sea and surface water. This flood map data provides quality assured nationally valuable resource in support of strategic flood risk decisions.

SEPA’s maps can be viewed freely from its website and in addition, the full suite of data is shared with partners and other organisations to support their flood risk management and public bodies’ duties.

Once a strategic risk has been identified through the Flood Risk Management Planning process, more detailed work including hydraulic modelling can be undertaken to understand and confirm the risk and potential actions to mitigate it. Local authorities are responsible for developing this detailed modelling for flood protection schemes.

Question reference: S6W-30671

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether the presentation of a flood protection scheme in a publicly-available notification must be sufficiently clear so that the deemed planning authority-granted elements of the scheme are clearly and unambiguously identifiable from any elements that require planning permission under the Town and Country Planning (Scotland) Act 1997.

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 primarily a matter for local planning authorities.

Question reference: S6W-30666

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether the standard of protection in Flood Risk Management Plans, under the Flood Risk Management (Scotland) Act 2009, should encompass the views of the beneficiaries, particularly the local community’s perceptions of the level of risk that is desirable and acceptable, and, if so, how this should be determined.

It is a local authority responsibility to develop and deliver flood protection scheme, including the selection of an appropriate standard of protection. This is because each place is unique and bespoke solutions are required.

Schedule 2 of the Flood Risk Management (Scotland) Act 2009 sets out the local authority’s responsibilities in terms of public consultation as part of the notification of a flood protection scheme. However, we would expect local authorities to engage with their local communities on relevant design considerations throughout the development process.

Question reference: S6W-30668

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether it is appropriate that all new and, as yet, unbuilt flood protection schemes should incorporate a component of natural flood management as a requirement for receiving public funding.

The Flood Risk Management Act promotes a catchment wide approach to managing flood risk. The Scottish Government recognise that Natural Flood Management (NFM) can provide multiple benefits, including reducing flood risks, enhancing biodiversity, and contributing to climate resilience.

The Scottish Government does not require the use of NFM as a funding condition, as each community and catchment are different and require a bespoke solution. Local Authorities are best placed to carry out the assessment of options to improve flood risk as they understand their local areas and project goals best.

Question reference: S6W-30657

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 16 October 2024
Current Status: Answered by Tom Arthur on 1 November 2024

To ask the Scottish Government which licences to trade and permissions could potentially be in the scope of any decision to make eligibility for licences to operate conditional on payment of the real Living Wage, as set out in its Fair Work Action Plan, and how many licence holders could potentially be affected.

The Scottish Government is committed to using all levers at our disposal to extend Fair Work First conditionality with clear standards and minimum requirements to cover all forms of Scottish Government support within the limits of devolved competence.

We are currently focussed on implementing fair work conditionality in public sector grants, and the Scottish Government will be undertaking an evaluation of Fair Work First before exploring options to extend conditions to other forms of support such as licencing.

Question reference: S6W-30667

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether community "appetite for risk" should be secondary to the implied standard of protection arising from the implementation of the UK Treasury Green Book and based upon Cost Benefit Analysis using SEPA’s proposed risk levels in relation to the development of flood development plans.

It is a local authority responsibility to develop and deliver flood protection schemes. This includes the selection of an appropriate standard of protection. This is because each place is unique and bespoke solutions are required.

We would expect local authorities to engage with their local communities on relevant design considerations including the level of protection throughout the development process.

Question reference: S6W-30664

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
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.

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.

Question reference: S6W-30663

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
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.

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.