Questions and answers

Question reference: S4O-03604

Asked by: Claire Baker, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Wednesday, 22 October 2014
Current Status: Taken in the Chamber on 29 October 2014

To ask the Scottish Government how it ensures the fair treatment of disabled people.

Question reference: S4O-03584

Asked by: Claire Baker, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Wednesday, 01 October 2014
Current Status: Taken in the Chamber on 8 October 2014

To ask the Scottish Government what the headcount, enrolment and full-time equivalent figures are for female students at colleges in 2014 compared with 2011.

Question reference: S4W-21927

Asked by: Claire Baker, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Thursday, 26 June 2014
Current Status: Answered by Derek Mackay on 16 July 2014

To ask the Scottish Government for what reason the planning process is used to ensure a balance between interests in hill track construction in national scenic areas and some designated sites, but not in others.

The planning system allows for certain development to be considered as permitted development where it is considered that permission would generally be granted if sought. While the majority of permitted development rights apply across the whole of Scotland, they can also be restricted to specific areas where it is considered that there is a need to do so.

Following consultation on permitted development rights, including those for agricultural and forestry private ways, the Scottish Government committed to keeping these rights under review. The Scottish Government continues to monitor the situation and a decision will be announced in due course.

Question reference: S4W-21926

Asked by: Claire Baker, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Thursday, 26 June 2014
Current Status: Answered by Derek Mackay on 16 July 2014

To ask the Scottish Government whether the environmental impacts of hill tracks are relevant to the planning process wherever they occur or only in certain protected areas.

Environmental impacts are relevant to any development. Where permission is required any such impacts, including those affecting protecting areas, will be considered as part of the planning process.

Private ways (including hilltracks) are either roads or footpaths. Where a road is being created this is considered to be schedule 2 development in terms of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 and therefore should be screened to consider whether or not an Environmental Impact Assessment (EIA) is required. If an EIA is required then any permitted development rights no longer apply and a planning application is required.

Alternatively, if the development is intended for forestry use, the requirement for an Environmental Impact Assessment is considered under the Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999.

Question reference: S4W-21925

Asked by: Claire Baker, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Thursday, 26 June 2014
Current Status: Answered by Derek Mackay on 16 July 2014

To ask the Scottish Government how it can ensure that the views of developers, local people and communities of interest are taken into account when hill tracks are constructed.

I refer the member to the answer to question S4W-21924 on 16 July 2014. When a planning application is received, the relevant planning authority will consider any representations and to decide how much weight to give the representation in reaching any decision.

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/parliamentarybusiness/28877.aspx.

Question reference: S4W-21924

Asked by: Claire Baker, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Thursday, 26 June 2014
Current Status: Answered by Derek Mackay on 16 July 2014

To ask the Scottish Government how it will ensure that local residents and communities of interest have rights to formally comment on new or upgraded hill track construction.

Where a planning application is submitted to the planning authority, the legal requirements for neighbour notification and publicising the application will be followed and local residents and communities are given the opportunity to make a representation. Where an agricultural or forestry track is considered to be permitted development then, as with any other permitted development, there is no legal requirement to publicise the matter.

Question reference: S4W-21784

Asked by: Claire Baker, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Tuesday, 17 June 2014
Current Status: Answered by Paul Wheelhouse on 9 July 2014

To ask the Scottish Government for what reason measures to amend Part 3 of the Land Reform (Scotland) Act 2003 have not been included in the Community Empowerment (Scotland) Bill.

The Community Empowerment (Scotland) Bill makes amendments to the community right to buy provided for under Part 2 of the Land Reform (Scotland) Act 2003 “the Act”. These changes build on experience gained over 10 years of working with the legislation, extensive post-legislative scrutiny of the Act, submissions made to the Land Reform Review Group (LRRG) and the interim view of that group.

Part 3 was not considered for inclusion into the Community Empowerment (Scotland) Bill, as presented, because, as the LRRG had written in their interim report in May 2013, they were going to ensure that the interests of the crofting community were respected further in their final report, which was scheduled to be published in April 2014 and was finally published 23 May 2014. The Scottish Government decided to proceed with the Community Empowerment (Scotland) Bill in order not to delay the introduction of this key piece legislation, and to consider any recommendations on Part 3 once the LRRG final report was published.

Question reference: S4W-21801

Asked by: Claire Baker, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Tuesday, 17 June 2014
Current Status: Answered by Paul Wheelhouse on 9 July 2014

To ask the Scottish Government what its position is on whether Part 3 of the Land Reform (Scotland) Act 2003 requires amendment.

The Scottish Government is aware that Part 3 of the Land Reform (Scotland) act 2003 requires some ‘housekeeping’ amendments (e.g. to increase absentee crofter limit from 16 km to 32 km to reflect the changes made in the Crofting Reform (Scotland) Act 2010.

Part 3 may also be affected by other legislative changes or reports currently being progressed, such as the Scottish Law Commission’s review of Compulsory Purchase. Scottish Ministers are also giving careful consideration to the Land Reform Review Groups final report recommendations, and will take into account any feedback from stakeholders, before deciding exactly what amendments should be taken forward.

Question reference: S4W-21802

Asked by: Claire Baker, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Tuesday, 17 June 2014
Current Status: Answered by Paul Wheelhouse on 9 July 2014

To ask the Scottish Government what options are available to amend Part 3 of the Land Reform (Scotland) Act 2003.

There are a number of options available to the Scottish Government in addressing any future amendments to Part 3 of the Land Reform (Scotland) Act 2003, including the recently announced proposed Land Reform Bill.

Scottish Ministers are currently considering the recommendations made in the Land Reform Review Group final report. They will also take into account the other work streams connected with Part 3, such as the Scottish Law Commission’s work on Compulsory Purchase, before deciding how and when to address reforming Part 3 of the Land Reform (Scotland) Act 2003.

Question reference: S4W-21781

Asked by: Claire Baker, MSP for Mid Scotland and Fife, Scottish Labour
Date lodged: Tuesday, 17 June 2014
Current Status: Answered by Richard Lochhead on 9 July 2014

To ask the Scottish Government, further to the statement by Richard Lochhead on 11 June 2014 (Official Report, c. 32086), how many farmers will be impacted by the £400,000 cap on basic payments.

This is a completely new payments system and because the land and animal numbers declared in the future will affect the payment rates and therefore the total basic payments, it is not possible to say for certain how many businesses will be impacted by a cap on basic payments until claim details are collected from all applicants.

However, estimates made for the final scheme year (2019) based on the land and animals held by businesses in 2011, suggest that less than ten businesses will probably be affected by a cap on basic payments at £400,000.

Other changes to the CAP such as the move to area based payments will also result in significant reductions to large payments. Under the new payment system (with a cap at £400k of basic payments) the top 20 recipients in 2019 are estimated to receive approximately £4.8 million less than the £14 million claimed by the top 20 recipients in 2011.

Many farmers, and the general public, think there should be an upper limit on CAP payments. Introducing a cap therefore underlines the principle that unlimited individual payments cannot be tolerated in future. It is also one of the tools available to help tackle slipper farming and is part of the “five-pronged assault” on inactivity that I announced, along with the Scottish clause, the negative list, a third region, and more coupled support. Any funds generated from capping will go Pillar 2.

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