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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.

Find out more about parliamentary questions

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Question reference: S4W-18481

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Wednesday, 20 November 2013
Current Status: Answered by Derek Mackay on 4 December 2013

To ask the Scottish Government whether the cost of infraction proceedings would fall to a local planning authority where these were the result of a failure to adequately implement planning controls, and what the reason is for its position on this matter.

The UK Government is responsible for responding to infringement proceedings for a breach of EU law by any public authority in the UK and for paying any financial penalties imposed in that respect. Where proceedings relate to a devolved matter, the financial penalties may be passed on to the Scottish Government under the Concordat on Co-ordination of EU Policy.

Part 2 of the Localism Act 2011 enables a Minister of the Crown to make an order to require a public authority to make payments towards a financial penalty imposed by the Court of Justice of the European Union through the making of an order designating the authority as being responsible in respect of that particular breach. No such order has yet been made in respect of a Scottish local authority.

To date, the Court of Justice of the European Union has not imposed any financial penalty against the United Kingdom under the Treaty of the European Union.

Question reference: S4W-18480

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Wednesday, 20 November 2013
Current Status: Answered by Derek Mackay on 4 December 2013

To ask the Scottish Government whether it considers the use of "letters of comfort" by local planning authorities to be appropriate where they allow the continued operation of an opencast coal mine where it has become apparent that environmental restoration, required as mitigation in the environmental impact assessment at the time of consent, will no longer be delivered, and what the reason is for its position on this matter.

The Scottish Government expects planning authorities to ensure that mitigation measures required by a planning permission are implemented.

A planning authority may routinely discuss with operators, licensees, landowners and regulators the recommencement of opencast coal operations to facilitate restoration, requiring written confirmation of the planning authority’s position on certain matters.

Question reference: S4O-02652

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Thursday, 21 November 2013
Current Status: Taken in the Chamber on 28 November 2013

To ask the Scottish Parliamentary Corporate Body what progress it has made on promoting sustainable travel and reducing reliance on aviation and the use of private cars.

Question reference: S4W-17912

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Monday, 21 October 2013
Current Status: Answered by Roseanna Cunningham on 21 November 2013

To ask the Scottish Government when it will publish its response to the review, Recovery - Opioid Replacement Therapies in Scotland.

Question reference: S4O-02636

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Wednesday, 20 November 2013
Current Status: Taken in the Chamber on 27 November 2013

To ask the Scottish Government what role it sees for local banking in the future of the financial services sector.

Question reference: S4W-17911

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Monday, 21 October 2013
Current Status: Answered by Alex Neil on 18 November 2013

To ask the Scottish Government what consideration it has given to prescribing diamorphine to heroin users.

Diamorphine is a controlled drug and a licence is required to allow doctors to prescribe, supply and administer (or authorise the supply and administration of) diamorphine for the treatment of drug misuse and addiction.

Where a doctor holds a licence, then it is for that doctor to decide whether or not to prescribe diamorphine to a patient for the treatment of drug misuse and addiction. Such decisions should be based on individual patient need and are a matter for the clinical judgement of the patient’s doctor, in consultation with the patient, informed by advice and guidance about the drug and taking account of the broader package of care, treatment and recovery. Drug Misuse and Dependence, UK Guidelines on Clinical Management provides detailed guidance for clinicians and practitioners in substance misuse on a range of care issues including the essential elements of treatment provision, pharmacological intervention (opiate replacement therapy), the psychosocial components of treatment through to wider health considerations and the prevention and treatment of blood-borne infections.

Drug Misuse and Dependence, UK Guidelines on Clinical Management can be found using the following link

http://www.nta.nhs.uk/uploads/clinical_guidelines_2007.pdf

Guidance on applying for a licence can be found using the following link:

http://www.sehd.scot.nhs.uk/mels/CEL2012_35.pdf

To date, no requests for a licence have been received in Scotland.

Question reference: S4W-17910

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Monday, 21 October 2013
Current Status: Answered by Roseanna Cunningham on 15 November 2013

To ask the Scottish Government when ministers last met Transform Drug Policy Foundation Scotland, and what issues were discussed.

Question reference: S4O-02599

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Wednesday, 13 November 2013
Current Status: Taken in the Chamber on 21 November 2013

To ask the Scottish Government whether it will introduce measures to prevent the promotion of creationism in schools.

Question reference: S4W-17669

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Monday, 07 October 2013
Current Status: Answered by Fergus Ewing on 4 November 2013

To ask the Scottish Government what evidence the Minister for Energy, Enterprise and Tourism has for his statement on 17 September 2013 that (a) the opencast coal industry "sustains 1,500 direct full-time jobs and 3,000 indirect full-time jobs" (Official Report, c. 22530) and (b) "Longannet coal power station is expected to keep generating electricity until 2023" (Official Report, c. 22531).

(a) The Scottish Coal Industry Economic Impact Assessment, published November 2012 provides details on the direct and indirect jobs in the coal industry in Scotland sourcing original data from the Coal Authority (June 2011) and Scottish Annual Business Statistics (2010).

(b) In Scottish Power's strategy document “Longannet: Securing A Future Beyond 2020” published 2012, page 7, states that:

“As a general rule, installations such as Longannet have until 2016 to comply with the stricter emission limits or opt-out of the Industrial Emissions Directive (IED). Operators must decide by December 2013 if they wish to opt out of the IED and commit to limited hours of operation, within the emission limits set by the LCPD, and closure by the end of 2023”.

This strategy paper demonstrates that the company is committed to looking at ways to sustain the plant into the next decade and sets out activities the company is developing to reduce its environmental impact and the strategy adopted and investments made in emissions reduction technology going forward.

In May 2013 Scottish Power announced a £25 million upgrade at Longannet.

This follows a £20 million upgrade project in 2012.

Question reference: S4W-17671

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Monday, 07 October 2013
Current Status: Answered by Fergus Ewing on 4 November 2013

To ask the Scottish Government what estimate it has made of the (a) funds available from restoration bonds in relation to open cast coal mining and (b) cost of restoring both former and current open cast coal sites.

There is not now nor ever has been any Scottish Government estimate of specific budgetary provision for restoration of open cast coal sites.

Planning permissions for opencast coal operations are granted by the relevant planning authority. As part of that process it is the responsibility of the planning authority to ensure sufficient bond coverage is in place to effect restoration of opencast coal operations for every site. Each planning authority is working through the bond provision for specific sites to develop their restoration plans. Scottish Ministers have established the Scottish Mines Restorations Trust to help facilitate this process.

Scottish Ministers are to launch an open consultation on how best to improve regulations relating to the open cast coal sector. This consultation will be open to the public and will welcome responses from all interested parties.