Scottish Executive

Aquaculture

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether Marine Scotland will be responsible for the regulation of the aquaculture industry.

Roseanna Cunningham: Created on 1 April 2009, Marine Scotland assumed administrative responsibility for delivering the regulatory requirements under the Food and Environment Protection Act 1985 (as amended) and the Coast Protection Act 1949 which apply to the aquaculture industry. The licensing functions associated with these acts in Scotland will be aligned in due course.

Any new aquaculture development requires a number of consents. Marine Scotland is not solely responsible for the regulation of the aquaculture industry as under the Town and Country Planning (Scotland) Act 1997 as amended local authorities, and under The Water Environment (Controlled Activities) (Scotland) Regulations 2005, SEPA will continue to discharge their responsibilities.

As the lead marine management organisation in Scotland, Marine Scotland will consider how best the regulation of, and the consent process applying to, the aquaculture industry can be delivered.

Education

Karen Whitefield (Airdrie and Shotts) (Lab): To ask the Scottish Executive on what dates the Minister for Children and Early Years has met HM Senior Chief Inspector of Education since May 2007 and what topics were discussed at each meeting.

Adam Ingram: I have met with Graham Donaldson, HM Senior Chief Inspector on 22 September 2007, 22 May 2008, 18 November 2008 and 7 January 2009 to discuss current educational issues and he has also been present at numerous meetings that have taken place periodically throughout the year.

Karen Whitefield (Airdrie and Shotts) (Lab): To ask the Scottish Executive on what dates the Minister for Children and Early Years has met officials from HM Inspectorate of Education other than HM Senior Chief Inspector of Education since May 2007 and what topics were discussed at each meeting.

Adam Ingram: I have met with officials from HM Inspectorate of Education on 22 May 2008, 18 November 2008 and 7 January 2009 to discuss current educational issues and they have also been present at numerous meetings that have taken place periodically throughout the year.

Karen Whitefield (Airdrie and Shotts) (Lab): To ask the Scottish Executive on what dates the Cabinet Secretary for Education and Lifelong Learning has met HM Senior Chief Inspector of Education since May 2007 and what topics were discussed at each meeting.

Fiona Hyslop: I met with Graham Donaldson, HM Senior Chief Inspector on 28 June 2007, 8 September 2008, 29 October 2008, 10 December 2008, 7 January 2009 and 12 February 2009 to discuss current educational issues and he has also been present at numerous wider meetings that have taken place periodically throughout the year.

Johann Lamont (Glasgow Pollok) (Lab): To ask the Scottish Executive how many children participated in after-school care in 2008, broken down by local authority.

Adam Ingram: The Scottish Government’s Pre-school and Childcare Statistics 2008 collected information from centres on what their main service is, what services they provide and the number of children registered at the centre.

In the following table are the number of children on the register of pre-school and child care centres that provide out of school clubs (where that is the centre’s main service and where it is any service provided by the centre). These figures do not include after-school care provided by childminders.

Johann Lamont (Glasgow Pollok) (Lab): To ask the Scottish Executive which local authorities supply breakfast clubs in schools.

Adam Ingram: The number of schools providing breakfast clubs in each local authority is published in School Meals in Scotland 2008, available on the Scottish Government website at the following link http://www.scotland.gov.uk/Publications/2008/06/24125730/27.

Johann Lamont (Glasgow Pollok) (Lab): To ask the Scottish Executive how many pupils use breakfast clubs in schools, broken down by local authority.

Adam Ingram: This information is not collected centrally.

Johann Lamont (Glasgow Pollok) (Lab): To ask the Scottish Executive how many hours of after-school care per day were available per pupil in each of the last three years for which information is available, broken down by local authority.

Adam Ingram: This is a matter for local authorities. The information requested is not held centrally.

Energy Efficiency

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive how the provisions in its forthcoming draft housing Bill will improve energy performance in the domestic sector.

Alex Neil: The draft housing Bill will be launched for consultation shortly.

Environment

Robin Harper (Lothians) (Green): To ask the Scottish Executive when it plans to complete the transposition of EU Directive 2004/35/EC on environmental liability.

Richard Lochhead: We propose to lay regulations before the Scottish Parliament very shortly.

The regulations will come into force the day after they are made. Since they are being made by affirmative procedure, this date will depend on the Parliament’s considerations.

Fisheries

John Scott (Ayr) (Con): To ask the Scottish Executive what further measures can be taken to halt the spread of infectious salmon anaemia on salmon farms in Shetland.

Roseanna Cunningham: Infectious salmon anaemia has not been detected on any of the three farms in the area of the outbreak that are still stocked with salmon. Measures in place to reduce the risk of spread of any latent infection include controls on the movement of (a) live fish, (b) dead fish and (c) materials liable to transmit infection. Marine Scotland Fish Health Inspectors are continuing vigilant regular inspections of fish farms in Shetland.

Genetically Modified Crops

Robin Harper (Lothians) (Green): To ask the Scottish Executive whether it will bring forward a public consultation on the coexistence of GM crops, in line with the intention of the Welsh Assembly Government.

Roseanna Cunningham: No. The Scottish Government policy is that there should be no cultivation of GM crops in Scotland.

Robin Harper (Lothians) (Green): To ask the Scottish Executive whether it will follow the Welsh Assembly Government in implementing the precautionary principle by seeking to establish the most effective legislation on GM crops that is compatible with EU and UK legislation.

Roseanna Cunningham: It is the Scottish Government’s view that the precautionary principle precludes the cultivation of GM crops.

Homelessness

Jamie Stone (Caithness, Sutherland and Easter Ross) (LD): To ask the Scottish Executive what action it is taking to protect tenants in the private rented sector from the threat of homelessness due to landlords defaulting on their mortgages.

Alex Neil: When a lender takes enforcement action against a private landlord defaulting on a mortgage, the position of the tenant, including the length of notice the creditor must give to the tenant, depends in the first instance on whether the landlord complied with the terms and conditions of the mortgage by obtaining the creditor’s consent to the tenancy and in the second instance on the specific terms of the tenancy agreement. It is possible that the lender may have contractual as well as statutory obligations to the tenant.

Other than any contractual obligations that a creditor may be under to inform tenants of steps that may be taken against a landlord in default of their mortgage, the Conveyancing and Feudal Reform (Scotland) Act 1970, as amended by the Mortgage Rights (Scotland) Act 2001, imposes a statutory obligation on a creditor to send notification to "the occupier" of the relevant property by recorded delivery when commencing various forms of enforcement action against a landlord in default or in breach of standard security conditions. This alerts a tenant that such action is underway. Failure to notify the occupier in the required manner will invalidate the action being taken by the creditor.

Amendments to the 1970 Act made by the Homelessness etc. (Scotland) Act 2003, which came into force on 1 April 2009, require creditors to notify the relevant local authority in a specified form when they call in a mortgage or take other steps to recover possession. Local authorities can then identify private rented properties from their landlord registration database, enabling them to contact tenants to offer appropriate support or advice.

The Repossessions Group, which was set up by the Scottish Government in January 2009, intends to consider the issue of protection for private tenants living in properties that are repossessed by lenders.

Housing

Bob Doris (Glasgow) (SNP): To ask the Scottish Executive whether it has completed its review of Scottish Government grants to Glasgow Housing Association and, if so, what the review has achieved.

Alex Neil: Yes. The review of grants concluded at the end of March, and the new legal grant agreements have been entered into. These have been placed in the Scottish Parliament Information Centre (Bib. number 47927).

The review did not seek to reduce the overall level of resources committed to Glasgow Housing Association tenants. Rather it aimed to achieve transparency and accountability for the use of public money, and to provide support for Glasgow’s transformational regeneration areas.

The new arrangements which have been put in place achieve these aims. In particular they:

support the delivery of promises made to tenants at the time of stock transfer;

set clear performance milestones to be achieved, and

will, over time, release resources to support progress in the transformational regeneration areas.

Junior Doctors

Pauline McNeill (Glasgow Kelvin) (Lab): To ask the Scottish Executive what assessment it intends to make of shortages of doctors and junior doctors on hospital wards.

Nicola Sturgeon: Information about the NHS workforce in Scotland is routinely monitored by NHS boards, who are responsible for their own workforce planning, and by the Scottish Government.

Data on consultant vacancies are available from the Information Services Division (ISD) of NHS National Service Scotland at www.isdscotland.org/isd/796.html. Those data show that the overall consultant vacancy rate fell from 6.7% at 30 September 2007 to 4% in September 2008. As at 30 September 2008 there were 192 consultant vacancies compared to 290 in September 2007 – a drop of 33.8% over the year. The number of consultant posts vacant for six months or more fell by 58.9% over the same period, from 168 to 69.

Junior doctor posts fall into two categories: two year Foundation Programmes (following graduation from medical school) followed by Speciality Training Programmes of various durations depending on speciality. Recruitment to all training programmes is coordinated by NHS Education for Scotland (NES) and vacancy data are not held centrally by ISD. Information from NES is that all Foundation Programmes across Scotland, a total of 801 posts, were filled in January 2009. Recruitment to Specialty Training Programmes is on-going and the outcome will not be known until May 2009. If there are any vacancies at that stage a second recruitment round will be held.

In the light of this, the Scottish Government does not see a need to carry out a separate assessment of vacancies for doctors or junior doctors and has no current plans to do so.

Pauline McNeill (Glasgow Kelvin) (Lab): To ask the Scottish Executive how it will assess the impact of the European working time directive on the staffing levels of doctors and junior doctors on hospital wards.

Nicola Sturgeon: NHS boards are required to report to the Scottish Government on current and projected compliance with the WTR 48 hour target for training grade doctors together with details of any rotas which are predicted not to meet the requirements of WTR by 1 August 2009.

The Scottish Government continues to work with NHS boards in identifying and reviewing action plans for gaining and sustaining compliance with Working Time Regulations (WTR). These plans identify the impact on the reduction in hours on all medical staff and identify solutions to enable the continued safe and sustainable delivery of services.

Pauline McNeill (Glasgow Kelvin) (Lab): To ask the Scottish Executive how many additional doctors will be employed in response to the European working time directive.

Nicola Sturgeon: To facilitate the reduction in hours NHS boards are continuing to implement service modernisation and new ways of working including rota and service redesign and the introduction of new roles for non-medical staff who are being trained to undertake areas of work formerly carried out by doctors. Additionally, over the last 10 years, although not directly related to Working Time Regulations, the number of consultants has increased by 52% whole-time equivalent (WTE) and there has also been an increase of 45% WTE in staff and associate specialist grades. These measures are helping to significantly reduce the service gap created by the reduction of hours worked by junior doctors.

Livestock

Jamie McGrigor (Highlands and Islands) (Con): To ask the Scottish Executive whether the independent review of the future of bull hire programmes in crofting areas will look at the desire of crofters for a ram hire scheme to be reintroduced.

Roseanna Cunningham: The remit of the independent review group, published on 18 March 2009, relates solely to the keeping of quality cattle of high health status by crofters in remote rural Scotland. However, any recommendations from the review group to help increase crofting communities’ capacity to work together may have applications to other crofting activities such as sheep rearing.

Looked After Children

Karen Whitefield (Airdrie and Shotts) (Lab): To ask the Scottish Executive how many times since May 2007 the Minister for Children and Early Years has met the Commissioner for Children and Young People in Scotland to discuss looked after and accommodated children.

Adam Ingram: I have met Scotland’s Commissioner for Children and Young People on two occasions since May 2007 to discuss looked after children.

Karen Whitefield (Airdrie and Shotts) (Lab): To ask the Scottish Executive on what dates since May 2007 the Minister for Children and Early Years met the Commissioner for Children and Young People in Scotland to discuss looked-after and accommodated children.

Adam Ingram: I met with Scotland’s Commissioner for Children and Young People on 4 September 2007 and 5 June 2008 to discuss looked after children.

Karen Whitefield (Airdrie and Shotts) (Lab): To ask the Scottish Executive what was discussed in meetings between the Minister for Children and Early Years and the Commissioner for Children and Young People in Scotland since May 2007 in relation to looked after and accommodated children.

Adam Ingram: The meeting on 4 September 2007 discussed a number of issues which impact on looked after children, including guidance on overnight stays, the independent historical abuse systemic review by Tom Shaw and the Joint Independent Inquiry on Kerelaw Residential School and Secure Unit.

The meeting on 5 June 2008, at which the Cabinet Secretary for Education and Lifelong Learning was also present, included discussion on the Commissioner’s reports Sweet 16?: The Age of Leaving care in Scotland.

Ministerial Costs

George Foulkes (Lothians) (Lab): To ask the Scottish Executive, further to the answer to question S3W-21402 by John Swinney on 10 March 2009, what severance grant payments have been made since May 2007.

John Swinney: Since May 2007, a total of £163,024.25 has been paid in severance grants to ministers and junior ministers in accordance with Article 6 of The Scotland Act 1998 (Transitory and Transitional Provisions) (Grants to Members and Officeholders) Order Statutory Instrument (SI)1999/1081. No severance grants have been paid to Cabinet Secretaries. Details are:

Ministers

Junior Ministers

Planning

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive whether allegations of unreasonable delay, incompetence or unfairness of any kind by the Cairngorm National Park Authority in the handling of applications from Aviemore resort hotels were made to ministers or civil servants and, if so, who made the allegations and on what dates, whether any evidence supported the allegations and what steps were taken to ensure that incorrect allegations were refuted.

Roseanna Cunningham: Mary Scanlon MSP wrote to the First Minister on 7 December 2007 expressing concern about delays by the Cairngorms National Park Authority (CNPA) and by other public bodies in their handling of the planning application from Aviemore Highland Resort. Officials sought information from the CNPA about their proposed timetable for the handling of the planning application. Based on this information, the First Minister replied to Ms Scanlon to advise her of the position and of his understanding that the CNPA was handling the application as expeditiously as possible.

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive, further to the answers to question S3W-9066 by Michael Russell on 25 February 2008 and question S3W-19266 by Roseanna Cunningham on 20 February 2009, whether the matters of process raised with the Scottish Environment Protection Agency (SEPA) by the Minister for Environment were the same as those raised with SEPA by an official from the Rural Directorate on 30 November 2007 and, if not, what matters of process were raised by the Minister for Environment.

Roseanna Cunningham: Yes.

Renewable Energy

Jim Hume (South of Scotland) (LD): To ask the Scottish Executive when the reporter’s findings in relation to the Fallago Rig wind farm public inquiry will be published.

Jim Mather: The report from the Public Local Inquiry on the Fallago Rig wind farm will be published on the day the ministerial decision is announced. A news release will be issued and the decision details, including the Inquiry report will be made available on the Energy Consents website www.scotland.gov.uk/enterprise/energy.

Veterinary Services

Rhoda Grant (Highlands and Islands) (Lab): To ask the Scottish Executive whether it will give a commitment that the Thurso Disease Surveillance Centre will remain open in its current form on a long-term basis.

Richard Lochhead: The Thurso Disease Surveillance Centre is not a Scottish Government facility but is part of the Scottish Agricultural College’s (SAC) network of veterinary laboratories. SAC are a private company limited by guarantee and independent of government. SAC have been reviewing the structure of their veterinary laboratories and operational decisions are for them.

Following the untimely death of the veterinary manager Dr Sandy Clark, SAC moved rapidly to secure the services of two local veterinary practitioners who have been contracted to provide an uninterrupted service. An agreement has been reached with the local veterinary practice, DS McGregor and Partners, to ensure that appropriately trained vets will continue to provide a post mortem service from SAC’s existing Janetstown premises. Laboratory samples will also be sent to Thurso from other parts of Scotland to supplement this work.

Veterinary officials are satisfied that these arrangements will meet the requirements of the Scottish Government’s surveillance programme and they will continue to monitor the situation.

Rhoda Grant (Highlands and Islands) (Lab): To ask the Scottish Executive whether it expects to enhance the services at the Thurso Disease Surveillance Centre.

Richard Lochhead: The Thurso Disease Surveillance Centre is not a Scottish Government facility but is part of the Scottish Agricultural College’s (SAC) network of veterinary laboratories. SAC are a private company limited by guarantee and independent of government. Questions relating to operation matters should be directed to them.

The Scottish Government currently provides SAC with £4.3 million per annum to provide a veterinary surveillance programme. We have no plans to alter this programme.

Rhoda Grant (Highlands and Islands) (Lab): To ask the Scottish Executive when it expects a veterinary manager to be recruited at the Thurso Disease Surveillance Centre.

Richard Lochhead: The Thurso Disease Surveillance Centre is not a Scottish Government facility but is part of the Scottish Agricultural College’s (SAC) network of veterinary laboratories. SAC are a private company limited by guarantee and independent of government.

Due to the specialist nature of this post, in a remote part of Scotland, recruitment of a suitably trained and experienced veterinary surgeon is difficult. Recognising this challenge SAC moved rapidly to secure the services of two local veterinary practitioners who have been contracted to provide an uninterrupted service. An agreement has been reached with the local veterinary practice, DS McGregor and Partners, to ensure that appropriately trained vets will continue to provide a post mortem service from SAC’s existing Janetstown premises. Laboratory samples will also be sent to Thurso from other parts of Scotland to supplement this work.

Veterinary officials are satisfied that these arrangements will meet the requirements of the Scottish Government’s surveillance programme and they will continue to monitor the situation.

Rhoda Grant (Highlands and Islands) (Lab): To ask the Scottish Executive what services were available at the disease surveillance centres in (a) Thurso, (b) Aberdeen, (c) Perth and (d) Inverness in 2008-09.

Richard Lochhead: The Thurso Disease Surveillance Centre is not a Scottish Government facility but is part of the Scottish Agricultural College’s (SAC) network of veterinary laboratories. SAC are a private company limited by guarantee and independent of government. Questions relating to operational matters should be directed to them.

Rhoda Grant (Highlands and Islands) (Lab): To ask the Scottish Executive what services it anticipates will be available at the disease surveillance centres in (a) Thurso, (b) Aberdeen (c), Perth and (d) Inverness in 2009-10.

Richard Lochhead: The Thurso Disease Surveillance Centre is not a Scottish Government facility but is part of the Scottish Agricultural College’s (SAC) network of veterinary laboratories. SAC are a private company limited by guarantee and independent of government. Questions relating to operational matters should be directed to them.

Waste Management

Jamie Hepburn (Central Scotland) (SNP): To ask the Scottish Executive what investigation has been undertaken into the use of underground refuse and recycling collection systems in urban areas.

Richard Lochhead: The Scottish Government has not undertaken any investigation into the use of underground recycling facilities in urban areas.

The Scottish Government understands however that three local authorities in Scotland operate underground recycling facilities, and they may be able to provide you with information on any investigatory work undertaken prior to adopting these systems. The local authorities are Dundee, East Dunbartonshire and Edinburgh.

John Wilson (Central Scotland) (SNP): To ask the Scottish Executive how much (a) North Lanarkshire, (b) South Lanarkshire, (c) Falkirk and (d) East Ayrshire councils have been allocated from the £20.85 million Zero Waste Fund for 2009-10.

Richard Lochhead: The Zero Waste Fund for 2009-10 is £25 million, not £20.85 million.

The actual sums allocated from the Zero Waste Fund to each of these authorities for 2009-10 is as follows:

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive when it plans to carry out its proposed consultation on a draft National Waste Plan for Scotland.

Richard Lochhead: We aim to start the three months consultation in June of this year.

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what the Zero Waste Think Tank has achieved since its first meeting on 27 March 2008.

Richard Lochhead: The Zero Waste Think Tank will report with recommendations on a variety of issues including, business resource efficiency; waste, carbon and energy; waste regulation and other policy levers, and delivery. A full and final report from the Think Tank to ministers will be submitted to the government shortly. The government will respond publicly to these recommendations.

In the meantime, the Think Tank has suggested a number actions which we have already taken forward, such as the inclusion of section 53 in the Climate Change (Scotland) Bill on sending waste data to the Scottish Environment Protection Agency (SEPA); work on landfill bans, where the Waste and Resources Action Programme have let a contract for us to analyse the practical implications of introducing more bans; work on plastics reprocessing, where the Waste and Resources Action Programme have established a capital grants scheme for us; a pilot on recovering heat from energy from waste plants, which REMADE Scotland have taken forward, and work on obtaining more recyclable material from litter, which Waste Aware Scotland have taken forward.

We have also discussed with SEPA a Think Tank Proposal on electronic Duty of Care notes, to improve waste data, and have discussed with the Convention of Scottish Local Authorities a Think Tank proposal to establish a public owned company on behalf of local authorities to sell recyclate.

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive, in light of the Zero Waste Think Tank’s Towards a Zero Waste Society: Building a vision for Scotland in 2025 report and reference to a policy on landfill bans being a key strategic decision for the National Waste Review, what stage its development of such a policy is at and whether this will be available before the proposed consultation on a draft National Waste Plan for Scotland commences.

Richard Lochhead: Funded by Scottish Government Waste and Resources Action Programme (WRAP) have let a research contract to consider in depth the practical, economic and environmental issues associated with banning more materials from landfill. This work is being led by WRAP’s Scotland office and extends across the United Kingdom, after other Government Departments across the UK expressed strong interest in the Scottish Government’s work in this area. The contract has now been tendered and the inception meeting for the research took place on 17 April. The research contract includes a seminar in Scotland on landfill bans with key parties. The consultation on the National Waste Management Plan will also include material on potential landfill bans and will seek views on this issue.

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive which of the suggested steps outlined in the Zero Waste Think Tank’s Towards a Zero Waste Society: Building a vision for Scotland in 2025 report to be actioned over the six months following the report have been actioned.

Richard Lochhead: We have taken forward a variety of actions in relation to this report including the consultation draft of the new National Waste Management Plan will outline Scotland’s approach to sustainable waste management and business opportunities arising from Scotland becoming a Zero Waste society. We are already taking forward work with Scottish Enterprise and the Waste and Resources Action Programme on business opportunities in recycling. The Think Tank has further considered issues such as producer responsibility; climate change and waste infrastructure and I expect these matters to be covered in their final report. As part of the consultation on the National Waste Management Plan, we intend to consider the links between waste and energy.

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what guidance or instruction the Scottish Environment Protection Agency gives to landfill operators to ensure that construction waste does not contain hazardous waste such as plastic foam insulation containing ozone depleting substances (ODS) from steel-clad buildings.

Richard Lochhead: Construction waste containing hazardous wastes may be disposed of to appropriate landfill.

For guidance on the handling of waste containing ozone-depleting substances, and on landfill generally, I refer the member to the website quoted in the answer to question S3W-21461 on 10 March 2009. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Wildlife

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what Forestry Commission Scotland’s policy is with regard to the control of fox numbers in the national forest estate.

Roseanna Cunningham: Forestry Commission Scotland will control foxes to meet conservation interests (for example, in areas where there are populations of ground nesting birds) for research purposes and where deemed appropriate, to assist its neighbours in the agriculture and game management sectors.

Young People

Hugh O’Donnell (Central Scotland) (LD): To ask the Scottish Executive, further to the answer to question S3W-21882 by Adam Ingram on 23 March 2009, what steps it is taking to promote 18 as the age of leaving care.

Adam Ingram: The age that a young person leaves care should be based on the individual circumstances and needs of each young person. There are many benefits to remaining looked after until at least 18. I have set out my expectation publicly at the four regional events which Scottish Government ran with COSLA in October and November last year, as well as at several local events, that this would be the norm when considering what is in the best interests of the young person. It is vital that care leavers have good, on-going support in place to make a successful and sustainable transition to adult living and I have asked officials to commission a review of the impact of the Supporting Young People Leaving Care Regulations (2003) to assess what more can be done to ensure that this happens.

The following questions were given holding answers:

S3W-22202

S3W-22227

S3W-22256

S3W-22268