- 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 there is written guidance for ministers in relation to (a) instructing non-departmental public bodies (NDPBs) whether to take particular courses of action, (b) issuing formal directions and (c) in their other dealings with NDPBs and whether it will publish any such advice.
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 reporter’s advice to ministers on Aberdeen City Council’s public local inquiry in May 2006 and Moray Council’s local plan public local inquiry in November 2007 have been considered by ministers and, if so, what conclusions were reached in each case.
Answer
Responsibility for the preparation and adoption of local plans lies with the planning authority for the relevant area. The planning authority is responsible, where necessary, for appointing a reporter to hold a public local inquiry. The reporter''s report and recommendations are for the planning authority to consider, not Scottish ministers. It is for the planning authority to decide whether to accept or reject the reporter''s findings and recommendations.
- 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 is ministers or the Scottish Environment Protection Agency (SEPA) that have a statutory responsibility placed on them by the relevant Acts which govern SEPA.
Answer
The Environment Act 1995 establishes SEPA and defines its main statutory powers and duties. Additional statutory duties have been given to SEPA by legislation enacted since the formation of SEPA. SEPA is responsible for the operational exercise of these powers. The act also gives ministers certain functions in relation to SEPA, including the power to make appointments to the board of SEPA, give directions to SEPA, give guidance to SEPA with respect to the agency''s aims and objectives, and approve SEPA''s charging schemes.
- 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 evidence of the Scottish Environment Protection Agency (SEPA) to Aberdeen City Council’s public local inquiry in May 2006 and Moray Council’s public local inquiry in November 2007 properly exercised its statutory functions to inform policy and promote an understanding of SEPA’s activities; whether SEPA complied with its statutory duties, and how it exercised its statutory powers to make environmental information available to the public and to involve communities in decisions that affect their local environments.
Answer
As a statutory public body SEPA is responsible for ensuring that it carries out its functions in accordance with its statutory powers and duties, taking account of any other relevant guidance, policies or regulations. Scottish ministers are responsible for setting the policy framework within which SEPA carries out its functions, and strategic oversight of SEPA''s performance, through approval of SEPA''s Corporate Plan, scrutiny of SEPA''s performance indicators, and through regular liaison with the chair and board. 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: 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 will make a statement to the Parliament on how the actions of Scottish Ministers in respect of 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 and related planning applications comply with ministers’ responsibilities and accountabilities, as set out in the SEPA Management Statement drawn up by the Scottish Executive Environment and Rural Affairs Department, with particular regard to ministers’ powers to call-in applications and determine appeals in relation to SEPA’s statutory functions.
Answer
I refer the Member to the answer to question S3W-10947 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 (SEPA’s) advice to the Cairngorms National Park Authority on the Aviemore resort hotels master plan planning application 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 what advice was given to the First Minister or his special advisers in relation to the receipt of the correspondence and enclosures sent by the First Minister’s constituency office manager to his private office, intimating Mr Donald Macdonald’s intention to show the First Minister the exhibition of the live planning application for the second phase of the resort’s development that Mr MacDonald had arranged to be viewed in his hotel complex.
Answer
No such advice was given.
- 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 are obliged or advised to follow any procedures prior to issuing a direction 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.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Thursday, 13 March 2008
-
Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive whether the actions of Scottish Ministers in respect of 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 and related planning applications comply with ministers’ responsibilities and accountabilities, as set out in the SEPA Management Statement drawn up by the Scottish Executive Environment and Rural Affairs Department, with particular regard to ministers’ powers to call-in applications and determine appeals in relation to SEPA’s statutory functions and, if so, in what way.
Answer
I am satisfied that Scottish ministers acted at all times in relation to this application in accordance with their responsibilities and accountabilities as set out in SEPA''s Management Statement.
- 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 Aberdeen City Council’s public local inquiry in May 2006 and Moray Council’s public local inquiry in November 2007 complied with Scottish Ministers’ strategic objective to provide clear and readily available advice and information on SEPA’s work and to involve the public in environmental protection and, if so, in what way.
Answer
I refer the Member to the 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.
