Chamber and committees

SEPA's cyber-attack will not affect SEPA’s ability to deliver the CAFS2 actions assigned to them.

Reviewing and assessing air quality in the vicinity of schools is the responsibility of the relevant local authorities and can take a variety of forms. The Scottish Government is supportive of such monitoring from a data acquisition perspective, the valuable educational role it can play for pupils and also for awareness-raising in wider citizen science and community engagement projects.

In Chapters 4 and 5 of the recently published strategy ‘Cleaner Air for Scotland – Creating a Better Place for Everyone’, the Scottish Government has outlined its intentions for both air quality data collection and use, and public engagement and behaviour change. Further consideration of the role air quality monitoring near schools can play will be part of these proposals.

The majority of new woodlands created in Scotland will, over a 20 year period, sequester more carbon than is released during cultivation, and will continue to absorb carbon for the rest of their growing period. Scotland’s forests are predicted to remain a net sink through the period to 2045 and beyond.

In certain circumstances, where tree growth is expected to be moderate and where the soil is of a particular type carbon accounting can be less predictable and in those situations, greater attention is paid to the method of ground preparation as required through our new cultivation guidance. Scottish Forestry has engaged Forest Research (FR) to examine the impact of carbon release caused by forestry ground cultivation in organo-mineral soils, and is using that evidence to put in place methodologies that will ensure that growing trees will reabsorb carbon released from cultivation as quickly as possible.

Scottish Forestry will no longer approve high impact cultivation techniques, including shallow ploughing and other forms of linear cultivation on peat soils which are over 10cm in depth. Research evidence from FR demonstrates that by doing so there will be no net loss of carbon over a 20 year period, and afterwards the growing trees will continue to sequester and absorb carbon for the rest of the forest rotation.

The Scottish Government is concerned that some cultural venues have permanently closed since the beginning of the Covid-19 pandemic as a result of the Covid-19 restrictions essential to helping safeguard the health and wellbeing of the country.

We are aware of the personal and professional impacts that these permanent closures continue to have on the Creative Industries and on individuals. The Scottish Government has worked with Creative Scotland throughout the pandemic to deliver essential funding to prevent insolvency and the closure of venues with funds such as the Grassroots Music Venue Stabilisation Fund.

It is deeply disappointing that, despite the efforts of the Scottish Government and its public bodies, cultural venues still faced permanent closure during the pandemic. The Scottish Government will work with Creative Scotland to explore the impact of the pandemic on venue closures nationally.

The PAVR fund has provided much-needed support to a range of performing arts venues to help address the ongoing impact of the Covid-19 pandemic on operations. In August 2020, 20 venues across Scotland were awarded a total of £7.5 million through the first round of the Performing Arts Venues Relief Fund (PAVR). In total, over £20 million has been awarded to performing arts venues through the Performing Arts Venues Relief Fund through multiple funding rounds.

The recipients of the first round of PAVR funding can be found here, broken down by (a) venue and (b) amount received: Emergency Scottish Government relief funds support performing arts venues | Creative Scotland

A further 59 performing arts venues received funding, totalling £4.74 million, later in September, and these details can be found here: Emergency funds continuing to reach performing arts venues | Creative Scotland

A total of 53 performing arts venues have received a total of £8.56 million from a second round of PAVR in August 2021. A full list of recipients for the second round of PAVR funding can be found here, broken down by (a) venue and (b) amount received: Further £17million emergency funding reaches Culture Organisations and Performing Arts Venues | Creative Scotland

The Scottish Government takes the protection of its ancient woodlands seriously and there are several existing areas of legislation and policies in place to provide that protection.

NatureScot use the planning system to protect ancient woodland through their engagement with the preparation of development plans. Furthermore, protection for all woodland is in place via felling regulations under the Forestry and Land Management (Scotland) Act 2018 and the Scottish Government’s Control of Woodland Removal Policy , where there is a strong presumption against removing ancient semi-natural woodland.

Anyone wishing to fell trees in Scotland must apply for a Felling Permission and thiswill only be granted if it complies with the principles of sustainable forest management, as set out in the UK Forestry Standard .

The National Planning Framework 4 (NPF4) Position Statement , sets out our expectation that NPF4 will strengthen our approach to protecting and restoring the health and quality of Scotland’s natural environment, including considering how we can promote nature based solutions and strengthen policy on woodland protection in association with development, aligned with new provisions on forestry and woodland strategies.

Scottish Forestry and NatureScot are working together to deliver those key recommendations in the Scottish Government’s official response to the Deer Working Group Report relevant to forestry. This includes developing a vision for woodland deer management based on protecting public interests within the context of the climate emergency and biodiversity crisis, and developing actions to deliver these aims through the Wild Deer National Approach.

We are also committed to establishing a National Register of Ancient Woodlands and will work with owners and agencies to maintain and protect them.

The aim that 21% of Scotland will be afforested by 2032 was informed by the targets for woodland creation set out in the Scottish Government’s Climate Change Plan 2018-32. The Plan is informed by the legislative targets set out in the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019.

I refer the member to the answers to questions S6W-02027 and S6W-02030 on 26 August 2021. 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

The Scotland Act 1998 requires the Standing Orders of the Scottish Parliament to include provision that if a Bill in the Scottish Parliament contains provisions which would, if it were a Bill in the UK Parliament, require the consent of the Queen, Crown consent is required.

Rule 9.11 of the Scottish Parliament’s Standing Orders therefore stipulates that if a Bill requires Crown consent, the Parliament cannot debate whether a Bill should be passed unless Crown consent is signified by a member of the Scottish Government. In most cases, where Crown Consent is required and as has been the case since the establishment of the Scottish Parliament in 1999, Crown consent is sought and obtained by the Government shortly before Stage 3 proceedings. On occasion, it may be obtained prior to Stage 1 when the matter is central to the Bill in question.

Members have – and have always had – the opportunity to raise questions as to whether and why Crown consent is required for a particular Bill during its parliamentary passage. Information about the number of times Crown consent has been sought and obtained, and for which Bills, is already available through the Parliament's Official Reports.

In line with the Scottish Government's commitment to transparency we will explore options to provide Parliament with further information about the application of Crown consent in relation to future Bills.

The Parliament’s Standing Orders are required, in accordance with the Scotland Act 1998, to set out that should provisions within a Bill require the Queen’s consent if the Bill were an Act of the United Kingdom Parliament, the Bill requires Crown consent. This means that since the establishment of Scottish Parliament in 1999 the interests that determine this matter in the UK Parliament affect the application of Crown consent in the Scottish Parliament. Guidance prepared by the Office of the Parliamentary Counsel for the United Kingdom Government – Queen's or Prince's Consent – explains details of these interests and is taken into account by the Scottish Government. This guidance is accessible here: https://www.gov.uk/government/publications/queens-or-princes-consent

The Scottish Parliament's guidance on Public Bills, available on its website, also outlines the interests that would determine the requirement for Crown Consent, notably at paragraphs 2.51-2.54: https://archive2021.parliament.scot/S5ChamberOffice/GuidanceonPublicBills_S5v2_FINAL.pdf

No guidance has been received from representatives of the Crown on the issue of Crown consent.