- 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
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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 correspondence from Mr Donald Macdonald’s company and enclosures of further correspondence between Mr Macdonald’s company and the planning authorities, the Cairngorms National Park Authority and Highland Council in relation to the Aviemore resort hotels planning application, which was received by email from the First Minister’s constituency office manager on 9 and 13 November 2007, were produced in hard copy and given to either the First Minister or his advisers.
Answer
No.
- 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, when giving advice to the Cairngorms National Park Authority in the Aviemore resort hotels master plan planning application, the Scottish Environment Protection Agency (SEPA) properly exercised its statutory functions to inform policy and promote an understanding of its activities; whether SEPA complied with its statutory duties, and how it exercised its statutory powers to make environmental information available to the public and involve communities in decisions that affect their local environment.
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 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 the Scottish Environment Protection Agency’s evidence to Aberdeen City Council’s public local inquiry in May 2006 and to Moray Council’s public local inquiry in November 2007 complied with its statutory duty to promote sustainable flood management and, if so, in what way and whether that evidence took full account of regulations and guidance issued by Scottish Ministers.
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 whether a non-departmental public body which was being given a direction by the Scottish Government would be informed that it was a formal direction it was being given and whether any such notification would normally make clear whether the direction was following a decision of ministers.
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 who in the First Minister’s private office decided that correspondence from Mr Donald Macdonald’s company and enclosures of further correspondence between the company and the planning authorities, the Cairngorms National Park Authority and Highland Council in relation to the Aviemore resort hotels planning application, which was received from the First Minister’s constituency office manager on 9 and 13 November 2007, should not be brought to the attention of the First Minister and how such a decision was reached.
Answer
The decision was taken by the Assistant Private Secretary with responsibility for correspondence on the basis of established protocol.
- 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 any minister has sought advice about instructing or directing the Scottish Environment Protection Agency in relation to taking any particular courses of action in the last seven months.
Answer
Ministers have issued directions to the Scottish Environment Protection Agency (SEPA) since 1 August 2007 in a number of cases. These covered a range of topics, including water quality issues, bathing water classifications and 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 advice of the Scottish Environment Protection Agency to the Cairngorms National Park Authority in the planning application for the Aviemore resort hotels master plan complied with Scottish Planning Policy 7: Planning and Flooding (SPP 7).
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.
