- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Monday, 28 January 2008
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Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive why the Minister for Environment did not ask his private secretary or officials to have a conversation with the Scottish Environment Protection Agency with regard to the planning application in Aviemore in which Mr Donald Macdonald had an interest and which had been the subject of representations to ministers.
Answer
I had obtained advice from officials on the general position in relation to the Scottish Environment Protection Agency''s responses to the Aviemore planning applications. However, having received urgent representations from parliamentarians from four different parties expressing concern over these applications, I decided to contact the agency to check there were no misunderstandings or matters of process for SEPA that were unnecessarily holding up proper consideration of the applications. Such actions are wholly consistent with the desire of this administration to improve the process of government and to give a better service to the people of Scotland. I believe I would have been in dereliction of my duties as a minister had I not done so.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Monday, 28 January 2008
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Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive whether, during any discussions the First Minister has had with Mr Donald Macdonald, the issue of the planning application in Aviemore in which Mr Macdonald had an interest was ever raised and formed any part of such discussions.
Answer
The First Minister has had no discussions with Mr Donald Macdonald about the Aviemore planning applications.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Monday, 28 January 2008
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Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive at what time and on what day the Minister for Environment spoke to the Scottish Environment Protection Agency regarding the planning application in Aviemore in which Mr Donald Macdonald had an interest.
Answer
I first spoke to the Chief Executive of the Scottish Environment Protection Agency during the morning of Friday 7 December 2007. I spoke to the Agency again, in the person of its Chief Executive, some hours later when he updated me on the issues in questions.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Monday, 28 January 2008
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Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive whether it would be appropriate or normal for a minister to seek to instruct an independent non-departmental public body or other agency on the basis of a telephone call where the minister had neither sought nor received formal advice prior to making that call.
Answer
Within the scope of relevant legislation and in appropriate circumstances, Scottish ministers have the ability to require a body to take a particular action or pursue a particular area of work. This ability is part of the long established framework of governance and accountability to which non-departmental public bodies operate.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Monday, 28 January 2008
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Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executivewhether, during any discussions the First Minister has had with Mr Donald Macdonald, Mr Macdonald raised any concerns about the Scottish Environment Protection Agency with regard to the planning application in Aviemore in which he had an interest.
Answer
I refer the member to the answer to question S3W-9041 on 25 February 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: Monday, 28 January 2008
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Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive whether in discussing with the Chief Planner any issue relating to the planning application in Aviemore in which Mr Donald Macdonald had an interest, the First Minister made it clear in what capacity he was acting.
Answer
In requesting information from the Chief Planner, the First Minister was acting in his ministerial capacity.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Monday, 28 January 2008
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Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive what protects the Scottish Environment Protection Agency’s operational independence in the conduct of its statutory duties.
Answer
The Environment Act 1995 and the Management Statement for the Scottish Environment Protection Agency (SEPA) set out the relationship under which SEPA operates.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Monday, 28 January 2008
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Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive whether the Chief Executive of the Scottish Environment Protection Agency (SEPA) is accountable on a day-to-day basis to the board of SEPA for the operational decisions taken by staff of SEPA, or to ministers.
Answer
The Chief Executive of the Scottish Environment Protection Agency (SEPA) is accountable to SEPA''s board. SEPA''s board, like other non-departmental public bodies'' boards, is appointed by ministers and accountable to Scottish ministers. The precise nature of the relationship is set out in the Environment Act 1995 and SEPA''s management statement.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Monday, 28 January 2008
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Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive whether ministers considered using powers of direction over the Scottish Environment Protection Agency when considering the planning application in Aviemore in which Mr Donald Macdonald had an interest.
Answer
Scottish ministers did not consider using powers of direction over the Scottish Environment Protection Agency in relation to SEPA''s role as statutory consultee for the planning applications submitted by Aviemore Highland Resort Ltd.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Monday, 28 January 2008
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Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive on how many occasions since May 2007 the Minister for Environment has raised with the Scottish Environment Protection Agency operational matters in relation to its independent statutory role in individual planning applications and in relation to which applications.
Answer
I have never raised operational matters with the Scottish Environment Protection Agency in relation to SEPA''s statutory role and advice on individual planning applications. I have, on occasion, discussed matters of process, procedure and timescales with SEPA.
