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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-05835

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Wednesday, 22 February 2012
Current Status: Answered by John Swinney on 1 March 2012

To ask the Scottish Executive whether it considers that the prudential borrowing regime would allow local authorities to borrow in order to invest in renewable energy generation with a view to repaying the debt through the income from energy sales.

Legislation permits local authorities to borrow for capital expenditure, and places a statutory duty on a local authority to have regard to the CIPFA Prudential Code when determining the maximum amount it can afford to allocate to capital expenditure. Whether a local authority is able to borrow in order to invest in renewable energy generation will depend on the nature of the investment and if the expenditure can be capitalised in accordance with proper accounting practices.

Question reference: S4O-00770

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Wednesday, 29 February 2012
Current Status: Taken in the Chamber on 8 March 2012

To ask the Scottish Executive whether young unemployed people are at risk of exploitation.

Question reference: S4W-05761

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Monday, 20 February 2012
Current Status: Answered by Michael Russell on 29 February 2012

To ask the Scottish Executive what its position is on the UK Government statement that "The education provisions of the Equality Act 2010 which prohibit discrimination against individuals based on their protected characteristics (including their sexual orientation) do not extend to the content of the curriculum".

Section 89 (2) of the Equality Act 2010 states that the provisions of the legislation do not apply to anything done in connection with the content of the curriculum. However, the way in which the curriculum is taught is covered by the provisions of the Act. It would be unacceptable and also unlawful if the curriculum was taught in a school in a way which was considered by the court to be discriminatory or amounted to harassment towards a pupil/s with certain protected characteristics (including their sexual orientation).

We are committed to enabling schools in Scotland to address all aspects of equality within learning. There are a vast range of resources available to schools to support this, across all protected characteristics, through the Education Scotland website.

Question reference: S4W-05344

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Tuesday, 31 January 2012
Current Status: Answered by Kenny MacAskill on 9 February 2012

To ask the Scottish Executive how many people under 18 have been placed on Lifelong Restriction Orders since the establishment of the Risk Management Authority, and what proportion of the total number of people placed on such orders in Scotland is under 18.

The Order for Lifelong Restriction (OLR), which is a life sentence, has been available to the High Court of the Justiciary since June 2006. The following table sets out the number of OLR sentences imposed by the court including those for offenders under the age of 18:

Financial Year	OLRs Made by High Court	No. Under 18*	% Under 18*
2006-2007	1	0	0
2007-2008	5	0	0
2008-2009	16	1	6.25
2009-2010	26	0	0
2010-2011	20	1	5
2011-2012	12	0	0
Total	80	2	2.5

Note: *On date of sentencing

Question reference: S4W-05264

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Thursday, 26 January 2012
Current Status: Answered by Fergus Ewing on 7 February 2012

To ask the Scottish Executive for what reason section 206 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 has not been fully commenced and when the insertion of section 73D into the Debtors (Scotland) Act 1987 will be implemented.

Section 206 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 inserts section 73D into the Debtors (Scotland) Act 1985. Section 73D contains a requirement for a Debt Advice and Information Package (DAIP) to be provided to a debtor within 48 hours of an arrestment of a debtor’s goods or bank account.

The provision of the DAIP after an arrestment has taken place would not provide debtors with an opportunity to seek advice prior to enforcement. This may undermine the value of the DAIP. Stakeholders also believe that the short timescale for provision of the DAIP may present practical difficulties for sheriff officers. Therefore, section 73D was specifically excluded when section 206 of the 2007 act was commenced in April 2009.

Officials are considering whether section 73D, as drafted, requires to be amended. Such an amendment would require an opportunity for primary legislation with sufficient scope to include diligence; therefore there are no immediate plans to amend or to commence this section.

Question reference: S4O-00674

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Wednesday, 01 February 2012
Current Status: Taken in the Chamber on 9 February 2012

To ask the Scottish Executive what its reasons are for placing independent custody visiting on a statutory footing as part of the Police and Fire Reform (Scotland) Bill.

Question reference: S4O-00606

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Wednesday, 18 January 2012
Current Status: Taken in the Chamber on 26 January 2012

To ask the Scottish Executive what action it is taking to prevent land and property transactions being used for the purpose of laundering money and other criminal activities.

Question reference: S4W-04762

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Thursday, 22 December 2011
Current Status: Answered by Derek Mackay on 18 January 2012

To ask the Scottish Executive whether planned or currently operating opencast coal mines impact or will impact on protected sites and, if so, what those impacts are.

Where planned or currently operating opencast coal mines could impact on protected sites, planning conditions will apply to ensure that impacts are avoided or mitigated, for example through habitat management plans. Such conditions are framed by planning authorities in consultation with SNH, SEPA and other organisations as appropriate with the aim of maintaining the integrity of the protected site.

Question reference: S4W-04763

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Thursday, 22 December 2011
Current Status: Answered by Derek Mackay on 18 January 2012

To ask the Scottish Executive how the carbon impacts of peat removal for opencast coal mining are assessed.

Question reference: S4W-04761

Asked by: Patrick Harvie, MSP for Glasgow, Scottish Green Party
Date lodged: Thursday, 22 December 2011
Current Status: Answered by Derek Mackay on 18 January 2012

To ask the Scottish Executive how many hectares of (a) lowland raised and (b) upland blanket bog will be used for consented opencast coal mines.