Questions and answers

Question reference: S6W-07435

Asked by: Elena Whitham, MSP for Carrick, Cumnock and Doon Valley, Scottish National Party
Date lodged: Thursday, 17 March 2022
Current Status: Answered by Kevin Stewart on 29 March 2022

To ask the Scottish Government what engagement it has had with the UK Government regarding a lifetime commitment to thalidomide health grants and support beyond 2023.

Question reference: S6W-07369

Asked by: Elena Whitham, MSP for Carrick, Cumnock and Doon Valley, Scottish National Party
Date lodged: Friday, 11 March 2022
Current Status: Initiated by the Scottish Government. Answered by Nicola Sturgeon on 11 March 2022

To ask the Scottish Government what further steps it is taking to respond to the Ukrainian refugee crisis.

This is an unprecedented time and we are witnessing a humanitarian crisis in Europe not seen since World War II. The Government is actively working with the Convention of Scottish Local Authorities, councils and the Scottish Refugee Council to ensure that Scotland is ready and able to welcome refugees from Ukraine and give them the support and sanctuary that those fleeing from Russian aggression so desperately need. The Scottish Government will continue to press the UK Government to waive all visa requirements and introduce a comprehensive resettlement scheme.

This Government wants to do all it can to support the people of Ukraine who have been displaced by war and this will need to ensure we have a co-ordinated approach across Government and with our partners as we seek to provide sanctuary and support to people in need.

Given the grave and urgent nature of the situation, it is right that this Government has a Minister with specific responsibilities for refugees from Ukraine who will be arriving in Scotland and need support to rebuild their lives. Therefore to provide further support for the Scottish Government’s action, I have decided that, with immediate effect, Neil Gray, Minister for Culture, Europe and International Development, will also have special responsibility for Refugees from Ukraine. For the time being, he will report directly to me for these new responsibilities and will attend Cabinet as required.

Mr Gray’s new ministerial title, with immediate effect, will be Minister for Culture, Europe and International Development and Minister with special responsibility for Refugees from Ukraine.

Question reference: S6W-06476

Asked by: Elena Whitham, MSP for Carrick, Cumnock and Doon Valley, Scottish National Party
Date lodged: Friday, 11 February 2022
Current Status: Answered by Tom Arthur on 8 March 2022

To ask the Scottish Government whether the onshore wind turbines planning advice guidance will be updated to reflect considerations for applications for turbines of 200m and over that are in close proximity to individual rural dwellings or settlements, and to require turbines of 150m and over to be illuminated.

Our Draft National Planning Framework 4 (NPF4) sets out how our approach to planning and development will help achieve a net zero, sustainable Scotland by 2045, including through a suite of 35 proposed new or updated national planning policies. Draft policy 19 on green energy supports renewable energy development other than in national parks and national scenic areas, subject to an assessment of impacts on a case by case basis. Criteria for assessing proposals are also set out, including impacts on communities and individual dwellings, as well as on aviation.

We laid the Draft NPF4 in the Scottish Parliament on 10 November 2021. Alongside Parliamentary scrutiny of the draft, we are running a public consultation, supported by an extensive engagement programme, and comments are invited by 31 March 2022. Following this period, we will consider the responses received and any appropriate amendments to the draft NPF4 before presenting a final draft to the Scottish Parliament for its approval, in advance of adoption by the Scottish Ministers.

We will give consideration, once NPF4 has been finalised and adopted, to whether and where our existing suite of planning guidance may need updated or replaced to support NPF4 implementation.

Question reference: S6W-06477

Asked by: Elena Whitham, MSP for Carrick, Cumnock and Doon Valley, Scottish National Party
Date lodged: Friday, 11 February 2022
Current Status: Answered by Tom Arthur on 8 March 2022

To ask the Scottish Government what considerations it will put in place for onshore wind turbine planning consents (a) in areas where the onshore installed power generation is already at a high level and (b) where rural communities feel that they are already contributing significantly towards renewable targets.

Our Draft National Planning Framework 4 (NPF4) sets out how our approach to planning and development will help achieve a net zero, sustainable Scotland by 2045, including through a suite of 35 proposed new or updated national planning policies. Draft policy 19 on green energy supports renewable energy development other than in national parks and national scenic areas, subject to an assessment of impacts on a case by case basis. Criteria for assessing proposals are also set out, including impacts on communities.

We laid the Draft NPF4 in the Scottish Parliament on 10 November 2021. Alongside Parliamentary scrutiny of the draft, we are running a public consultation, supported by an extensive engagement programme, and comments are invited by 31 March 2022. Following this period, we will consider the responses received and any appropriate amendments to the draft NPF4 before presenting a final draft to the Scottish Parliament for its approval, in advance of adoption by the Scottish Ministers.

Question reference: S6W-06475

Asked by: Elena Whitham, MSP for Carrick, Cumnock and Doon Valley, Scottish National Party
Date lodged: Friday, 11 February 2022
Current Status: Answered by Michael Matheson on 2 March 2022

To ask the Scottish Government what impact new offshore installed power generation will have on the reported concerns regarding onshore landscape capacity.

Scottish Government is working with key stakeholders in the process to try and address challenges and ensure as far as possible that connections to the network do not act as a barrier to the delivery of our ambitious offshore wind aspirations.

Our draft National Planning Framework 4 (NPF4) sets out how our approach to planning and development will achieve a net zero, sustainable Scotland by 2045. We are currently consulting on the draft NPF4 and following the consultation will present a final draft to parliament.

Any applications for consent for offshore and onshore energy infrastructure are considered by the relevant consenting authority, which can be the Scottish Ministers or the relevant local planning authority depending on the nature of the proposal, and determined in accordance with the applicable legal and policy considerations relevant to that particular proposal. This will include consideration of any landscape and visual effects arising from the proposal. Parties with an interest in such proposals, including members of the public, have opportunities to provide their views in relation to applications through the relevant applicable consenting process.

Question reference: S6O-00807

Asked by: Elena Whitham, MSP for Carrick, Cumnock and Doon Valley, Scottish National Party
Date lodged: Wednesday, 23 February 2022
Current Status: Taken in the Chamber on 3 March 2022

To ask the Scottish Government what support it will provide to dairy farmers to promote sustainability and fairness in the supply chain.

Question reference: S6O-00676

Asked by: Elena Whitham, MSP for Carrick, Cumnock and Doon Valley, Scottish National Party
Date lodged: Wednesday, 19 January 2022
Current Status: Taken in the Chamber on 27 January 2022

To ask the Scottish Government what plans it has to extend financial support for outdoor clothing to early learning and childcare settings.

Question reference: S6O-00657

Asked by: Elena Whitham, MSP for Carrick, Cumnock and Doon Valley, Scottish National Party
Date lodged: Wednesday, 12 January 2022
Current Status: Taken in the Chamber on 20 January 2022

To ask the Scottish Government what its position is on the designation of UNESCO biosphere reserves in Scotland as areas of significance for sustainable development and climate change.

Question reference: S6O-00428

Asked by: Elena Whitham, MSP for Carrick, Cumnock and Doon Valley, Scottish National Party
Date lodged: Wednesday, 17 November 2021
Current Status: Taken in the Chamber on 24 November 2021

To ask the Scottish Government whether it will provide an update on the measures it has been taking as part of the Women’s Health Plan to improve access for women to appropriate support, speedy diagnosis and best treatment for endometriosis.

Question reference: S6W-03949

Asked by: Elena Whitham, MSP for Carrick, Cumnock and Doon Valley, Scottish National Party
Date lodged: Monday, 25 October 2021
Current Status: Answered by Angus Robertson on 17 November 2021

To ask the Scottish Government whether it will provide a breakdown of the actions ministers have taken under section 9 of the Coronavirus (Scotland) Act 2020, regarding opportunities to advance equality and non-discrimination when exercising their functions under the Act.

Section 9 of the Coronavirus (Scotland) Act 2020 requires that the Scottish Ministers have regard to opportunities to advance equality and non-discrimination when exercising functions under Part 1 of the Act.

The following provisions under Part 1 of the Act confer functions on the Scottish Ministers, and details of measures undertaken to advance equality and non-discrimination when these functions have been exercised by Ministers is provided in the following table.

Act provision	Measures undertaken
Section 2, Schedule 1 – paragraph 8 (evictions – power to modify notice periods)	These functions were exercised in the Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 (2020/270) to protect tenants and keep them safe in their home during the pandemic. Women are the majority of renters in the social rented sector, and people from non-white backgrounds are more likely than people from white backgrounds to live in the private rented sector - it was therefore crucial that a range of impact assessments were undertaken. This included significant contributions to both the Equality Impact Assessment and Children’s Rights and Wellbeing Impact Assessments that were prepared and published as part of the wider work to implement the emergency Coronavirus legislation.
Section 5, Schedule 4 – paragraph 15 (community orders: power to vary requirements in community payback orders and drug treatment and testing orders)	These functions were exercised in the Community Orders (Coronavirus) (Scotland) Regulations 2021(2021/144), which used the power to vary community orders. Impact assessments, including an Equality Impact Assessment, were prepared and published to support scrutiny of this SSI. The regulations excluded orders imposed involving domestic abuse, sexual offences, and stalking to mitigate risks arising from the particular barriers that exist in relation to the reporting of those offences (and which are not found to the same extent with other offence types), and which the Scottish Government and other justice organisations have taken steps to reduce in recent years. These include action under Equally Safe, the Scottish Government’s national strategy to take action against all forms of violence against women and girls, ground-breaking domestic abuse legislation, investment in training and support, and campaigns.
Section 5, Schedule 4 – paragraph 19 (power to make regulations in relation to early release of prisoners)	This function was exercised to make The Release of Prisoners (Coronavirus) (Scotland) Regulations 2020 (2020/138). The provisions of the Act, and the specific regulations set out in the SSI identified a cohort of prisoners who were considered for early release. The criteria which were applied related to the individuals’ previous offending (including exclusions for individuals sentenced for sex offences, domestic abuse or harassment offences – and a provision for prison Governors to exclude otherwise eligible individuals if there was evidence an early release would present a risk to a specific individual), as well as prisoner’s sentence length and time remaining to serve. As such, the criteria were uniform in their assessment of eligibility, irrespective of the individuals age, gender, or other potential discriminatory factors.
Section 7, Schedule 6 – paragraph 8(2) (power to postpone publication and laying of reports before the Scottish Parliament)	This functional provision was introduced by the Act and has been exercised to allow for publication of certain statutory reports to be delayed only in circumstances where publication by the required date would impede their ability to take effective action against coronavirus; otherwise publication would continue to be required as normal. The Scottish Government does not consider it to be a provision which could provide “opportunities to advance equality and non-discrimination when exercising their functions under the Act”. These are general, wide-reaching powers provided by the first Scottish Act without needing an SSI.
Section 7, schedule 6 – paragraph 9(2) (powers in relation to duties to publish or make available documents for inspection electronically)	This functional provision has been exercised by public authorities, particularly while access to public offices and libraries has been restricted, but due to the wide range of circumstances where Scottish Ministers or public bodies may have exercised these powers, it would be disproportionate to report on individual uses and so a record of its use is not available.The Scottish Government has recognised the online publication of certain documents, rather than them being made available for physical inspection, may have an impact on those who have less access to online technologies. Older people, disabled people and those with long-term health conditions have been identified particularly as using these technologies less than other groups. However, older people and those with long-term health conditions are also identified as being at greater risk from coronavirus. The Scottish Government recognised that the aim is to allow local authority business and other public services, including services for vulnerable groups, to continue and meet statutory requirements at any time while physical access is not permitted to prevent spread of the virus. These are general, wide-reaching powers provided by the first Scottish Act without needing an SSI.
Section 8, schedule 7- paragraphs 9 and 10 (power to make regulations in relation to duration of planning permission)	This provision gives Ministers power to alter the “emergency period” and the “extended period” referred to in the relevant provisions. These powers have been used to change these periods by: The Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2020/254 – which changed the periods so that the emergency period would end on 31 March 2021 and the extended period would end on 30 September 2021. The Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2021/100 (as subsequently amended by SSI 2021/142) – which changed the end of the emergency period from 31 March 2021 to 30 September 2021 and the end of the extended period from 30 September 2021 to 31 March 2022. The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2021/292 - which changed the end of the emergency period from 30 September 2021 the end of 31 March 2022 and the end of the extended period from 31 March 2022 to the end of 30 September 2022. The Scottish Government does not consider it to be a provision which could provide “opportunities to advance equality and non-discrimination when exercising their functions under the Act”.

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