Questions and answers

Question reference: S6W-05702

Asked by: Oliver Mundell, MSP for Dumfriesshire, Scottish Conservative and Unionist Party
Date lodged: Friday, 14 January 2022
Current Status: Answered by Maree Todd on 26 January 2022

To ask the Scottish Government, further to the answer to question S6W-05212 by Maree Todd on 10 January 2022, what its position is on whether periods of more than two years between dental check-up appointments is consistent with its policy priorities.

As we have set down in the answer to question S6W-05212 the interval between appointments is dependent on the dentist’s clinical assessment of the oral health of the patient.

This assessment should be based on the available evidence from expert groups on appropriate oral health management. For example, the Scottish Dental Clinical Effectiveness Programme (SDCEP) published an Oral Health Assessment and Review in 2012. This advised that patients considered at low risk of oral ill health should receive ‘standard prevention’ and a further Oral Health Assessment at 24 months for adults and 12 months for children.

Question reference: S6W-05210

Asked by: Oliver Mundell, MSP for Dumfriesshire, Scottish Conservative and Unionist Party
Date lodged: Monday, 20 December 2021
Current Status: Answered by Mairi McAllan on 26 January 2022

To ask the Scottish Government, in the light of funding constraints, whether flood prevention schemes will be subjected to more rigorous tests of viability than were applied in their approval or priority designation.

Every six years, when preparing Flood Risk Management Plans, SEPA assess measures for reducing flood risk against a range of criteria and consider the priority to be given to each measure. The availability of Scottish Government funding is not one of the criteria used to prioritise measures.

It is for individual local authorities to take forward the design and construction of schemes proposed in the Plans ensuring that the schemes meet the necessary statutory requirements for approval set out in Flood Risk Management (Scotland) Act 2009. To support this work, the Scottish Government provides a minimum of £42million per annum through the General Capital Grant. An additional £150million has been committed over the next 5 years.

Question reference: S6W-05216

Asked by: Oliver Mundell, MSP for Dumfriesshire, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 11 January 2022
Current Status: Answered by Humza Yousaf on 25 January 2022

To ask the Scottish Government, in light of the reported confirmation by the UK Minister for Health and Social Care that any funding for cannabis-based products through NHS prescriptions is a matter for devolved institutions, what financial support it will make available to fund cannabis-based medication for children currently relying on private prescriptions for their treatment-resistant epilepsy, and what consideration has been given to creating an emergency fund for this purpose.

The scheduling of Cannabis Based Products for Medicinal Use (CBPMs) under the Misuse of Drugs Act 1971 is a function reserved to the UK Government and the Scottish Government has no powers to alter its status.

Having considered possible options for funding private prescriptions for CBPMs for children in Scotland with uncontrolled epilepsy, the Scottish Government continues to consider that it would be inappropriate for the costs associated with a private prescription to be paid by the NHS, as this would have the effect of re-directing public funding from the NHS care to private care.

Despite the change under relevant UK legislation in 2018, many doctors remain concerned about the limited evidence on the safety and efficacy of those medicines which are unlicensed. The Scottish Government therefore considers that randomised controlled clinical trials are necessary as part of the medicine licensing process in order to demonstrate a product’s safety, quality and efficacy. This is why we are committed to working with NHS England and the National Institute for Health Research to build a clearer evidence base in order to enable clinicians to have the assurances they need to consider prescribing these products on the NHS.

Question reference: S6W-05211

Asked by: Oliver Mundell, MSP for Dumfriesshire, Scottish Conservative and Unionist Party
Date lodged: Thursday, 23 December 2021
Current Status: Answered by Mairi McAllan on 25 January 2022

To ask the Scottish Government, in relation to COSLA leaders’ agreement, as notified in the elected members briefing of 6 July 2021, to pause Flood Risk Management schemes that were not legally committed by local authorities, whether it expects local authorities to inform their local populations that Flood Risk Management schemes are considered (a) legally committed and (b) not legally committed.

The recommendation from COSLA leaders was a pause by local authorities of any non-legally committed flood protection scheme, pending a review of projects by a programme oversight group. A review of these projects is being undertaken to assess their status and viability and COSLA will present the review findings to Ministers in due course. That review is still ongoing and it is for COSLA and local authorities to determine how to communicate that information to local populations.

Question reference: S6W-05207

Asked by: Oliver Mundell, MSP for Dumfriesshire, Scottish Conservative and Unionist Party
Date lodged: Thursday, 23 December 2021
Current Status: Answered by Mairi McAllan on 25 January 2022

To ask the Scottish Government how it plans to fulfil the commitment to fund the 40 SEPA prioritised Flood Risk Management schemes, in light of COSLA leaders’ agreement, as notified in the elected members briefing of 6 July 2021, to pause schemes that were not legally committed by local authorities.

COSLA recommended to Scottish Ministers that the flood protection schemes eligible for funding in the Flood Risk Management Strategies published in December 2015 which are not yet “legally committed” are paused. Ministers accepted this recommendation and COSLA are undertaking a review of these projects to assess their status and viability. COSLA will present the review findings to Ministers in due course. This pause and review of schemes is one element of the work being taken forward to review the current funding and distribution arrangements for flood risk management. The Scottish Government has not suspended any expenditure on the flood risk management schemes.

Question reference: S6W-05206

Asked by: Oliver Mundell, MSP for Dumfriesshire, Scottish Conservative and Unionist Party
Date lodged: Thursday, 23 December 2021
Current Status: Answered by Mairi McAllan on 25 January 2022

To ask the Scottish Government whether it expects local authorities to develop new consultation processes on river catchment management and individual property protection alternatives to address flooding, in light of developing environmental considerations and policies.

We do not expect local authorities to develop new consultation processes on river catchment management and individual property protection measures.

The Flood Risk Management Act (2009) sets out Scotland’s catchment based approach to Flood Risk Management, including requirements for consultation on measures to reduce flood risk.

To support the implementation of the Act, the Scottish Government produce statutory and non-statutory guidance to help SEPA, local authorities and Scottish Water fulfil their responsibilities.

In 2019, the Scottish Government published the second edition of Delivering Sustainable Flood Risk Management . It includes advice for engaging with individuals, communities and landowners on flood risk, on steps that individuals can take to protect their families, homes and businesses from flooding, and of actions to avoid that can increase flood risk.

Our Living with Flooding Action Plan , also published in 2019 recommends actions for a range of stakeholders to take to help promote property flood resilience in Scotland. We continue to work with the steering group to help implement the actions set out in the plan.

We consider that these documents provide appropriate guidance for consultation on developing environmental considerations and policies.

Question reference: S6W-05615

Asked by: Oliver Mundell, MSP for Dumfriesshire, Scottish Conservative and Unionist Party
Date lodged: Monday, 10 January 2022
Current Status: Answered by Tom Arthur on 24 January 2022

To ask the Scottish Government whether UNESCO biospheres, and specifically the Galloway and Southern Ayrshire UNESCO Biospheres, as initiatives of significance, will be highlighted within the new National Planning Framework 4.

The Draft Fourth National Planning Framework (NPF4) was laid in Parliament on 10 November 2021. The draft sets out that ‘Local development plans should identify and protect locally, regionally, nationally and internationally valued natural assets, landscapes, species and habitats’. In addition to the parliamentary scrutiny of the draft, a public consultation runs until 31 March 2022 and the Scottish Government welcomes responses and comments being provided to support the production of a finalised NPF4. Further information is available from: www.transformingplanning.scot .

Question reference: S6W-05215

Asked by: Oliver Mundell, MSP for Dumfriesshire, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 11 January 2022
Current Status: Answered by Tom Arthur on 24 January 2022

To ask the Scottish Government what the approval rate is of wind farm applications in each local authority area, broken down by those (a) determined and (b) not determined by Scottish Ministers, in each of the last five years.

Wind farm applications under 50MW are considered under planning legislation whilst proposals over 50MW are dealt with under the Electricity Act.

Planning legislation cases

Information on the approval rate of wind farm applications in each local authority area, not determined by Scottish Ministers, is not held centrally. The Scottish Government publishes figures on the approval rate of all planning applications determined by Planning Authorities for different types of development in Scotland. Over the past 5 years the approval rate has been consistently over 93.7% (this includes the development type Electricity Generation, which includes wind farm applications). The information is available on the following website: https://www.gov.scot/collections/planning-statistics/

Scottish Ministers have called-in two planning applications from Orkney Islands Council and issued decisions in 2021 granting consent for both applications.

The following table confirms the position in relation to planning appeals. All bar two of these appeals were decided by reporters from the Planning and Environmental Appeals Division of the Scottish Government. The two appeals not decided by reporters were in the Argyll and Bute Council area, one in 2017 and one in 2019, and were both allowed by Scottish Ministers.

	2017			2018			2019			2020				2021
Planning Authority	Cases	Appeal Allowed	Percentage Allowed	Cases	Appeal Allowed	Percentage Allowed	Cases	Appeal Allowed	Percentage Allowed	Cases	Appeal Allowed	Percentage Allowed	Cases		Appeal Allowed	Percentage Allowed
Aberdeenshire										1	1	100%	1		1	100%
Argyll and Bute	1	1	100%	1	1	100%	2	1	50%
Scottish Borders				3	3	100%	2	1	50%	2	0	0%
Dumfries and Galloway	2	0	0%	1	0	0%	3	1	33%	1	0	0%	2		2	100%
East Ayrshire	6	4	67%	5	1	20%	1	1	100%
East Renfrewshire				1	0	0%
Fife	1	1	100%
Highland	4	3	75%	2	0	0%	2	1	50%				1		1	100%
Moray							1	1	100%
North Lanarkshire	1	1	100%
Orkney Islands							2	2	100%
Perth and Kinross				1	1	100%	1	1	100%
South Ayrshire	1	1	100%				1	0	0%	2	1	50%
South Lanarkshire				1	1	100%				1	0	0%
West Lothian				1	0	0%
Total	16	11	69%	16	7	44%	15	9	60%	7	2	29%	4		4	100%

Electricity Act cases

The following table confirms determinations made by Scottish Ministers on applications for wind farms made under Section 36 of the Electricity Act 1989 where a Public Local Inquiry was held following an objection to a wind farm by the relevant planning authority(s) (i.e. the planning authority(s) for the land on which the wind farm would be built). Where the planning authority did not object consent was granted by Scottish Ministers. The percentage consented column therefore only refers to cases where a public inquiry was necessary.

	2017			2018			2019				2020				2021
Planning Authority	Decisions	PLI required	Percentage Consented (post PLI)	Decisions	PLI required	Percentage Consented		Decisions	PLI required	Percentage Consented		Decisions	PLI required	Percentage Consented		Decisions	PLI required	Percentage Consented
Argyll and Bute	2	2	0%					3	2	0%		2	0			1	1	100%
Dumfries and Galloway	1	1	100%					1	0			2	0			3	2	50%
Dumfries and Galloway/ South Ayrshire												1	0			1	0
East Ayrshire				2	1	100%		1	1	100%		1	0			3	0
East Ayrshire/ Dumfries and Galloway	1	1	100%
Highland	4	3	67%	3	3	33%		4	2	50%						3**	2	100%
Moray	1	1	100%									1	1	100%		1	0
North Lanarkshire			100%
Perth and Kinross								1	1	0%
Scottish Borders	1	1	100%	1	1	0%						1*	1	0%		1	0
Scottish Borders/East Lothian								1	0							1	1	100%
Shetland Islands	1	0						1	0
South Ayrshire				1	0							1	0			1	0
South Ayrshire/ Dumfries and Galloway																1	1	100%
South Lanarkshire								3	1	0%		1	0			3	0
South Lanarkshire/West Lothian				1	0
Total	11	9	78%	8	5	40%		15	7	29%		9*	3	67%		19**	7	86%

* Does not account for Fallago Rig variation which was for an extension of operational period to a wind farm which was already built and operating.

** Does not account for Farr Wind Farm variation which was for an extension of operational period to a wind farm which was already built and operating.

Question reference: S6W-05618

Asked by: Oliver Mundell, MSP for Dumfriesshire, Scottish Conservative and Unionist Party
Date lodged: Monday, 10 January 2022
Current Status: Answered by Ivan McKee on 19 January 2022

To ask the Scottish Government what financial support is available to (a) bed and breakfast and guest house operators that have been impacted by ongoing COVID-19 restrictions.

Our £9 million funding package to deal with the Omicron crisis has been targeted at those businesses most severely impacted. We recognise that the public health advice to reduce the spread of omicron and the re-introduction of regulations has affected some businesses more than others within tourism and hospitality.

B&Bs and Guesthouses are not as severely affected by restrictions as other businesses, and therefore not in scope for this tranche of funding. We recognise that this is a challenging time for businesses of all kinds and are continuing to press the UK Government for more comprehensive support.

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