- 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 a non-departmental public body which was being given a direction by the Scottish Government would be informed that it was a formal direction it was being given and whether any such notification would normally make clear whether the direction was following a decision of ministers.
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.
- 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 placed on the ministerial correspondence system.
Answer
They were not.
- 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 who in the First Minister’s private office decided that correspondence from Mr Donald Macdonald’s company and enclosures of further correspondence between the 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 from the First Minister’s constituency office manager on 9 and 13 November 2007, should not be brought to the attention of the First Minister and how such a decision was reached.
Answer
The decision was taken by the Assistant Private Secretary with responsibility for correspondence on the basis of established protocol.
- 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 what issues were discussed and agreed when the Minister for Enterprise, Energy and Tourism met representatives of Macdonald Hotels, the Cairngorms National Park Authority, Highland Council and the Minister for Community Safety in Aviemore on 26 October 2007.
Answer
Those attending the meeting on 26 October 2007 discussed the progress, at that time, of the planning process relating to the application by Macdonald Hotels at Aviemore. The ministers urged all public agencies to work within the bounds of due process to progress the application quickly, aiming for the necessary information to be available in time for the next planning committee meeting.
- 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 it considers that the Scottish Environment Protection Agency and the Cairngorms National Park Authority took an informed approach to decision making and erred on the side of caution in relation to the flood risk assessment of the Aviemore resort hotels master plan application.
Answer
I refer the member to the answer to question S3W-10942 on 11 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: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive what specific statutory duties ministers have in relation to the functions of the Scottish Environment Protection Agency (SEPA) under the relevant Acts which govern SEPA.
Answer
I refer the member to the answer to question S3W-10979 on 11 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: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive whether the Scottish Environment Protection Agency’s (SEPAs) evidence to Aberdeen City Council’s public local inquiry in May 2006 and to the Moray Council public local inquiry in November 2007 complied with the rules and guidelines relevant to the exercise of SEPA’s functions, duties and powers, as set out in the Management Statement drawn up by the Scottish Executive Environment and Rural Affairs Department and, if so, in what way.
Answer
I refer the member to the answer to question S3W-10935 on 11 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: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive whether, in dealings with non-departmental public bodies (NDPBs), a distinction is made between an instruction to an NDPB from the Scottish Government and a formal direction 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.
- 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 the advice of the Scottish Environment Protection Agency (SEPA) to the Cairngorms National Park Authority in the planning application for the Aviemore resort hotels master plan complied with SEPA’s general duty to ensure that its activities are compatible with the statutory guidance on sustainable development in respect of SEPA’s own contribution to sustainable development and environmental justice.
Answer
I refer the Member to the answer to question S3W-10935 on 11 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: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive whether any minister has sought advice about instructing or directing the Scottish Environment Protection Agency in relation to taking any particular courses of action in the last seven months.
Answer
Ministers have issued directions to the Scottish Environment Protection Agency (SEPA) since 1 August 2007 in a number of cases. These covered a range of topics, including water quality issues, bathing water classifications and SEPA''s charging schemes.
