- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Friday, 14 March 2008
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Current Status:
Answered by Michael Russell on 16 April 2008
To ask the Scottish Executive why a briefing note, commissioned by the Minister for Community Safety and prepared by building consultants on behalf of the developer of Aviemore resort hotels, was sent to the Scottish Environment Protection Agency by the Scottish Government and who issued the instructions to do so.
Answer
The briefing note was forwarded by Scottish Government officials to SEPA for background information and comment following the approaches made by MSPs to the First Minister and others.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Friday, 14 March 2008
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Current Status:
Answered by Michael Russell on 16 April 2008
To ask the Scottish Executive whether the Scottish Environment Protection Agency is obliged under its statutory duties, or in guidance issued to it, to have regard to the economic interests of developers in making statutory determinations, beyond any general encouragement or guidance to act efficiently and expeditiously in conducting its affairs and dealing with planning applications.
Answer
SEPA has a general duty under section 32 of the Environment Act 1995 to have regard to the economic needs of any area when formulating proposals relating to any of the agency''s statutory functions. SEPA is also required to adhere to statutory guidance on Sustainable Development which requires the agency to ensure its actions do not unnecessarily constrain economic development, and to enforce high environmental standards whilst having regard to economic considerations.
When responding to planning consultations, SEPA takes into account sustainable development considerations including, if relevant, the financial and employment imperatives involved. The statutory guidance on Sustainable Development also makes clear that SEPA''s involvement in development planning is crucial in helping planning authorities to protect communities from inappropriate development and degradation of their local environment.
SEPA, like other public bodies, needs to be aligned with, and prioritise, the strategic objectives of the Scottish Government which include Wealthier as well as Safer and Greener.
Any question about how SEPA carried out its functions in relation to an individual case should be directed to its chief executive.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Friday, 14 March 2008
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Current Status:
Answered by Michael Russell on 16 April 2008
To ask the Scottish Executive whether correspondence from Mr Donald Macdonald and an enclosure of correspondence between HBOS and Highland Council intimating the prospective closure of the Macdonald hotel company and the complete resort operation, as received by email from the First Minister’s constituency office manager on 29 October 2007, was produced in hard copy and given to either the First Minister or his advisers by the First Minister’s private office.
Answer
They were not.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Friday, 14 March 2008
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Current Status:
Answered by Michael Russell on 16 April 2008
To ask the Scottish Executive whether correspondence from Mr Donald Macdonald and an enclosure of correspondence between HBOS and Highland Council intimating the prospective closure of the Macdonald hotel company and the complete resort operation, as received by email from the First Minister's constituency office manager on 29 October 2007, were placed in the ministerial correspondence system.
Answer
They were.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Friday, 14 March 2008
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Current Status:
Answered by Michael Russell on 16 April 2008
To ask the Scottish Executive whether the Scottish Environment Protection Agency has any statutory duties to promote economic development
Answer
I refer the member to the answer to question S3W-11032 on 16 April 2008 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/webapp/wa.search.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Friday, 14 March 2008
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Current Status:
Answered by Michael Russell on 16 April 2008
To ask the Scottish Executive who in the First Minister’s private office decided not to bring to the First Minister’s attention correspondence from Mr Donald Macdonald and an enclosure of correspondence between HBOS and Highland Council intimating the prospective closure of the Macdonald hotel company and the complete resort operation received from the First Minister’s constituency office manager and expressing the critical nature of his planning application and inviting the First Minister to visit an exhibition of the proposed development at the SNP conference; how that decision was reached, and when.
Answer
The decision was taken by the Assistant Private Secretary with responsibility for correspondence on the basis of established protocol upon receipt of the correspondence to the First Minister''s private office.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Tuesday, 18 March 2008
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Current Status:
Answered by Stewart Stevenson on 15 April 2008
To ask the Scottish Executive whether there are any plans to review the traffic regulation order process in order to improve efficiency and reduce cost.
Answer
When promoting Traffic Regulation Orders, local road authorities are required to follow the procedures contained in The Local Authorities'' Traffic Orders (Procedure) (Scotland) Regulations 1999. For trunk roads, Transport Scotland follow the procedures contained in The Secretary of State''s Traffic Orders (Procedure) (Scotland) Regulations 1987.
The Scottish Government is not aware of any significant problems associated with the application of the current procedures and there are no plans at present to review these particular Regulations. However, as with all legislation, their effectiveness will be kept under review. If there is sufficient evidence that they are not working as they were intended, appropriate action will be taken to remedy the situation.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Friday, 14 March 2008
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Current Status:
Answered by Michael Russell on 15 April 2008
To ask the Scottish Executive who would have determined the Aviemore resort hotels master plan planning application and related planning applications under consideration by the Cairngorms National Park Authority if members locally had approved any of the applications with an outstanding objection from the Scottish Environment Protection Agency and that application had then been notified to Scottish ministers.
Answer
Under notification procedures, it would be for the planning minister, Stewart Stevenson, to determine whether the planning application required to be referred to him instead of being dealt with by the planning authority. If the planning minister were debarred from the decision-making process, e.g. by having a constituency interest, then another Scottish minister would make the decision on his behalf.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive whether correspondence from Mr Donald Macdonald’s company and enclosures of further correspondence between Mr Macdonald’s company and the planning authorities, the Cairngorms National Park Authority and Highland Council in relation to the Aviemore resort hotels planning application, which was received by email from the First Minister’s constituency office manager on 9 and 13 November 2007, were produced in hard copy and given to either the First Minister or his advisers.
Answer
No.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive whether ministers have to approve formal directions to a non-departmental public body (NDPB) and whether a distinction is made between provisions for the Scottish Environment Protection Agency and other NDPBs.
Answer
The ability of ministers and officials to instruct or direct non-departmental public body (NDPB) delivery partners is part of the long established governance framework between government and the bodies they sponsor.
Within this delivery relationship, there is a wide range of terminology used to describe instructions that can be given to NDPBs and this is normally contained in enabling legislation or other relevant corporate documentation underpinning the governance framework. The scope of instruction and direction can also vary considerably, ranging from simple accounting matters to issues of substance and can cover procedures and timescales where ministers believe there is a public interest. Whether of a general or specific nature, powers of direction allow government to exercise the degree of control necessary to ensure parliamentary, ministerial and public accountability for bodies in receipt of government funds.
The way in which the Scottish Government discharges these core functions is not recorded separately or given prominence over other issues of sponsorship activity. In addition, the way in which directions can be invoked and communicated will vary depending on the individual circumstances or context.
The governance framework which confers NDPB status provides for a degree of ministerial judgement in deciding the most appropriate level of interaction between body and government.
NDPB sponsorship guidance is contained on the Scottish Government''s public bodies website at:
http://www.scotland.gov.uk/Topics/Government/public-bodies.
