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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-13115

Asked by: Ariane Burgess, MSP for Highlands and Islands, Scottish Green Party
Date lodged: Monday, 12 December 2022
Current Status: Answered by Mairi McAllan on 10 January 2023

To ask the Scottish Government whether it is investigating any risks to food production, biodiversity and human health from per- and polyfluorinated alkyl substances (PFAS), or so-called "forever chemicals", accumulating in agricultural soil and seeping into rivers due to the spreading of sewage sludge on land.

There is ongoing work related to identifying and monitoring risks from PFAS.

The environmental regulator SEPA has been working with partners in recent years to understand the sources, environmental concentrations, and risks of perflourinated compounds in the environment.

A 2019 SEPA study looked at the potential for organic contaminants to be present in materials spread to land, and carried out a basic risk assessment using monitoring data for prioritised substances. This study included measurement of 1 PFA substance (PFOA) levels in sludges from two waste water treatment plants, and did not identify a risk for reasonable worst-case spreading scenarios. In 2018, SEPA carried out a limited monitoring exercise looking at several PFAS in a number of rivers across Scotland, though monitoring locations were not directly targeted to potential sources of these chemicals. 65% of the 550 datapoints reported were below limits of detection.

A Scottish Government commissioned report by the James Hutton Institute on the impact of sewage sludge spreading on human health was published in 2021 and indicated that risks to human health from the polyfluorinated compounds PFOS and PFOA in sewage sludge spread to land in Scotland are likely to be low.

However, scientific understanding of risks posed by PFAS in the environment continues to develop. For example :

SEPA is reviewing its approach to evidence gathering to better characterise the current distribution of PFAS in Scotland’s environment. It is working with partner organisations to develop this understanding, and working across the regulatory landscape to support revisions to legislation, regulatory approaches, and support site operators or users of PFAS based substances to meet their legal obligations. This includes engagement with large research programmes such as ECORISC (Ecotoxicological Risk Assessment Towards Sustainable Chemical Use).
UK environmental regulators have been engaged in the UK Water Industry Research Chemical Investigations Programme (CIP UK). Through this programme SEPA has been working in partnership with Scottish Water on various workstreams for a number of years, and this investigation has included evaluation of PFAS in waste water treatment works effluent and sludge, risks to the environment and effectiveness of treatment processes.

Question reference: S6W-13105

Asked by: Ariane Burgess, MSP for Highlands and Islands, Scottish Green Party
Date lodged: Monday, 12 December 2022
Current Status: Answered by Mairi Gougeon on 23 December 2022

To ask the Scottish Government, when considering European Protected Species Licence applications, whether it will reject calculations to determine how many cetaceans would be disturbed or injured by an Acoustic Deterrent Device (ADD) based on a model that can only predict how many will be disturbed at one moment in time and makes no allowance for the movement of the animals during the periods of time the device is operating.

All applications for EPS licences are considered on a case by cases basis and it is expected that applicants use appropriate models and calculations such as those set out in the Marine Scotland guidance document - faq_adds_and_eps_including_annex_1_and_annex_2_-_version_5_-october_2021_-_final.pdf (marine.gov.scot) . Relevant models use data that is the best current representation of the locations where cetaceans are expected to be found.

Marine Scotland is currently updating this guidance document to include finer resolution species density surfaces and this will be published early in 2023. All applications for EPS licences will be expected to follow the updated guidance.

Question reference: S6W-13103

Asked by: Ariane Burgess, MSP for Highlands and Islands, Scottish Green Party
Date lodged: Monday, 12 December 2022
Current Status: Answered by Mairi Gougeon on 23 December 2022

To ask the Scottish Government whether a fish farm company application for a European Protected Species Licence to use Acoustic Deterrent Devices (ADDs) or Acoustic Startle Devices (ASDs) would be refused unless the applicant has provided strong and robust evidence that all alternatives such as fitment of double skinned anti-predator nets, recirculating aquaculture systems, semi-closed containment and/or relocation of the farm have been tried.

A licence to disturb European protected species (“EPS”) can only be granted if three licensing tests are met, including that there is no satisfactory alternative to the proposed action.

Marine Scotland has published a document that provides guidance and advice for any aquaculture production business that wishes to apply for a licence to disturb EPS as a result of ADD use –

faq_adds_and_eps_including_annex_1_and_annex_2_-_version_5_-october_2021_-_final.pdf (marine.gov.scot) . Applicants are required to provide an analysis of alternative methods of predator control tried or considered and if they have been discounted provide reasons for this. All EPS licence applications are considered on a cases by case basis and it would not be appropriate to pre-determine the outcome of the satisfactory alternative test without consideration of any justification provided by the applicant.

Question reference: S6W-13106

Asked by: Ariane Burgess, MSP for Highlands and Islands, Scottish Green Party
Date lodged: Monday, 12 December 2022
Current Status: Answered by Mairi Gougeon on 23 December 2022

To ask the Scottish Government, when considering European Protected Species Licence applications, whether it will reject calculations to determine how many cetaceans would be disturbed or injured by an Acoustic Deterrent Device (ADD) if those calculations are based on an incorrect assumption that cetaceans are evenly spread over a large sea area and do not travel in pods or favour certain areas.

Question reference: S6W-13104

Asked by: Ariane Burgess, MSP for Highlands and Islands, Scottish Green Party
Date lodged: Monday, 12 December 2022
Current Status: Answered by Mairi Gougeon on 23 December 2022

To ask the Scottish Government whether Marine Scotland will accept the findings of peer-reviewed scientific literature when the area of disturbance and injury to cetaceans from an Acoustic Deterrent Device (ADD) or Acoustic Startle Device (ASD) is estimated by the peer-reviewed scientific literature as being much greater than the area estimated in an application from a fish farm company for a European Protected Species Licence.

Marine Scotland bases its decisions on the best available scientific evidence at any particular time including any relevant peer reviewed literature. Any such literature is subject to a critical review to determine its applicability. Marine Scotland’s decisions will reflect the outcome of this process as well as consideration of information provided by the applicant and any expert advice received.

Question reference: S6W-13389

Asked by: Ariane Burgess, MSP for Highlands and Islands, Scottish Green Party
Date lodged: Tuesday, 20 December 2022
Current Status: Initiated by the Scottish Government. Answered by Patrick Harvie on 21 December 2022

To ask the Scottish Government whether it will provide an update on engagement with social landlords regarding the approach to rent setting for 2023-24 in light of the Cost of Living (Tenant Protection) (Scotland) Act 2022.

We have been clear since the introduction of our emergency legislation that we would work with the social rented sector to seek an agreed way forward as an alternative to the continuation of the rent cap in the social rented sector beyond March 2023. To support this we have been working with a range of social rented sector organisations including landlord representative bodies COSLA, the Scottish Federation of Housing Associations and Glasgow and West of Scotland Forum of Housing Associations.

Statements of Intent have now been published by COSLA, confirming local authorities’ commitment to keeping rent increases in April 2023 to an average of no more than £5 a week, and by the Scottish Federation of Housing Associations, who report that their members are consulting with tenants on a set of increases in April 2023 that will average 6.1%.

The agreement to set out average figures, rather than set a fixed cap, allows flexibility for landlords to respond to their consultations with their tenants.

While we anticipate that many rents will be increased at a level below these average figures, there may be some social sector landlords who will for specific reasons go beyond this level, for example to allow planned improvements or maintenance to proceed.

This will allow for the statutory tenant consultations currently taking place to be taken into account for housing associations’ business plans and local authorities’ housing revenue accounts.

No social landlord is consulting on a rent increase at or above CPI inflation, which was 11.1% at the time of the data being collected.

Given the voluntary agreements reached we anticipate that the first statutory report on the Cost of Living (Tenant Protection) Act 2022, due by 14 January, will formally confirm our intentions to expire the social rented sector rent cap provisions from March 2023.

Question reference: S6W-13234

Asked by: Ariane Burgess, MSP for Highlands and Islands, Scottish Green Party
Date lodged: Thursday, 15 December 2022
Current Status: Answered by Mairi Gougeon on 20 December 2022

To ask the Scottish Government what information it holds on the criteria that the Animal Plant and Health Agency uses to assess farmed fish welfare during inspections at fish processing sites in Scotland.

The Scottish Government does not currently hold this information. The Animal and Plant Health Agency has been asked by Scottish Ministers to visit farmed salmon slaughter facilities in Scotland and to assess the need for further inspections. This will be carefully considered alongside any recommendations made by the UK Animal Welfare Committee working group, expected early next year, on the welfare of farmed fish at slaughter.

Question reference: S6W-13235

Asked by: Ariane Burgess, MSP for Highlands and Islands, Scottish Green Party
Date lodged: Thursday, 15 December 2022
Current Status: Answered by Mairi Gougeon on 20 December 2022

To ask the Scottish Government what assessment it has made of the merits of introducing mandatory CCTV in fish slaughterhouses, in line with the Mandatory Use of Closed Circuit Television in Slaughterhouses (Scotland) Regulations 2020, which, under the Council Regulation (EC) No 1099/2009, mandates the use of CCTV in slaughterhouses for terrestrial animals and excludes fish slaughterhouses.

Question reference: S6W-13236

Asked by: Ariane Burgess, MSP for Highlands and Islands, Scottish Green Party
Date lodged: Thursday, 15 December 2022
Current Status: Answered by Mairi Gougeon on 20 December 2022

To ask the Scottish Government whether it plans to introduce legislative requirements regarding the stunning of farmed fish at slaughter, which would be the equivalent to the requirements that already exist for terrestrial animals.

I refer the member to the answer to question S6W-13235 on 20 December 2022. The UK Animal Welfare Committee is currently considering the welfare of farmed fish at slaughter and we will explore the need for any changes to current practice or legislation once the committee publishes its findings. 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 .

Question reference: S6F-01670

Asked by: Ariane Burgess, MSP for Highlands and Islands, Scottish Green Party
Date lodged: Monday, 19 December 2022
Current Status: Taken in the Chamber on 22 December 2022

To ask the First Minister what actions the Scottish Government will take forward as a result of COP15, the 15th Conference of the Parties to the UN Convention on Biological Diversity.