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There is a potential risk to water courses from leachate. Accordingly modern landfill sites are operated to minimise water ingress and leachate is extracted and treated to a high standard before being discharged. New landfill sites will be regulated by the Pollution Prevention and Control Regulations 2000 and will have to meet the conditions in the EC Landfill Directive, which requires sites to be situated and designed so as to meet the necessary conditions for preventing the pollution of soil, groundwater or surface water.

If an application for planning permission for a landfill site at Mid-Lairgs were to be made, the National Waste Strategy: Scotland and National Planning Policy Guidelines would be important factors in its determination by the local authority. The application would also be accompanied by an environmental impact assessment which, amongst other things, would examine the risk that the proposed site posed to the River Nairn. In addition the site would be regulated by the Scottish Environment Protection Agency under the Pollution Prevention and Control Regulations 2000 and would have to meet the conditions in the EC Landfill Directive. The Directive requires sites to be situated and designed so as to meet the necessary conditions for preventing the pollution of soil, groundwater or surface water.

The Brankley landfill site has been discounted by epidemiologists as the source of the virus. The virus is a type O Asian strain and has been imported, possibly in infected meat products. Work continues to identify possible routes with which the virus has gained entry. The source farm currently is thought to be a pig farm at Burnside, Heddon on the Wall.

Studies into the effects on human health of living close to landfill sites have suggested that there is a need for further research. The Scottish Executive and UK Government Departments therefore commissioned the Small Areas Health Statistics Unit (SAHSU) last year to investigate the incidence of a range of cancers and birth defects around 7000 landfill sites in the UK. SAHSU is due to report by the end of May.

The Scottish Executive and other bodies, such as the NFUS, are providing regular guidance, advice and information to farmers, the public at large and other key interests. This is being done at national level but local media interests are helping as appropriate. Detailed advice has been given to farmers on the Welfare Movements Scheme, the Movement to Slaughter Scheme and the Welfare Disposal Scheme (via the Distribution Board). Additionally, farmers in the Dumfries and Galloway subject to the slaughter cull have been kept appraised of developments by letter or telephone. Helplines have been and remain in operation at the SERAD HQ and various regional offices.

Trunk road contracts lie outwith the functions of local government and are not catered for in the local government financial settlement. Local authorities have known since1996 when the previous contracts were awarded that they could fail to secure the trunk road work. Some of the management work was lost in 1999. The contracts for the Operating Companies stood to be renewed in 2001. Agency agreements had been awarded without competition and could not therefore extend indefinitely.

The tendering requirements for the trunk road unit contracts due to come into effect on 1 April 2001 are set out in the Public Works Contract Regulations 1991 which implemented the EC Works Directive (93/37/EEC). There is no requirement for such a 3 month notice under these Regulations.

Procedures for future tendering rounds will take into account experience gained during the present process.

Legal costs associated with recent Court of Session proceedings were awarded against the petitioners.

Information from the Office International des Epizootics (OIE), the World organisation for animal health in Paris indicates that airborne spread of foot and mouth disease can be as much as 60km overland and 300km by sea. Those are maximum distances under favourable conditions. In practice the possibility of aerosol spread depends on a number of factors including, number and species of the affected host animal, weather conditions (wind speed, air temperature, relative humidity). Aerosol spread overland is also subject to variation caused by land features which might disrupt the plume of virus.However, insofar as this particular strain of virus is concerned, initial studies based on observations made in other countries suggest that aerosol transmission from infected premises has not been a prominent feature. So far this would appear to be being borne out in this country, as the spread appears to be by direct contact particularly through sheep. The position obviously is being monitored very carefully as the outbreak continues.