Monday 5 September 2011

SCOTTISH EXECUTIVE

Education and Lifelong Learning Jackie Baillie (Dumbarton) (): To ask the Scottish Executive whether it will continue to fund the In Care Survivors Service project beyond October 2011. Holding answer issued: 9 August 2011 (S4W-1626) Angela Constance: The Scottish Government is committed to supporting survivors of childhood abuse. The In Care Survivors Service Scotland (ICSSS) provides a specialist service to a group of people who have suffered trauma of a very specific nature which is tailored to their needs. In particular, the service uniquely offers support accessing records relating to individuals‟ care experiences. We have asked Open Secret to submit a renewed business case for further funding, which we will take into consideration in combination with the external evaluation of the service currently being carried out.

Jamie Hepburn (Cumbernauld and Kilsyth) (): To ask the Scottish Executive how many registered foster carers it estimates are required to match assessed care needs. (S4W-2143) Angela Constance: It is for local authorities to assess the care needs in each of their areas and recruit and register foster carers to match the need. The Scottish Government is supporting local authorities by working with, and funding activities through, The fostering network which support the recruitment and retention of foster carers.

Jamie Hepburn (Cumbernauld and Kilsyth) (Scottish National Party): To ask the Scottish Executive how many children have been fostered outwith their local authority area in each of the last five years. (S4W-2144) Angela Constance: The Scottish Government does not centrally collect information on the number of children who are fostered outwith their local authority area. This information would only be available by contacting individual local authorities.

Jamie Hepburn (Cumbernauld and Kilsyth) (Scottish National Party): To ask the Scottish Executive how many fostered children have been returned to their parents in each of the last five years. (S4W-2145) Angela Constance: Information on the number of looked after children whose last accommodation type immediately prior to leaving care was “in foster care” and whose initial destination on leaving care was “home with (biological) parents” is only available since 2008-09. During 2008-09, there were 491 looked after children who last accommodation type immediately prior to ceasing being looked after was “in foster care” and their initial destination on leaving care was “home with (biological) parents”. The equivalent figure for 2009-10 was 388 looked after children. Please note that these figures may include some multiple counting if a child ceased being looked after more than once during the respective reporting period, and their final accommodation type and initial destination on leaving care met the specified criteria.

Jamie Hepburn (Cumbernauld and Kilsyth) (Scottish National Party): To ask the Scottish Executive what percentage of fostered children has remained in the care system until 16 years of age in each of the last five years. (S4W-2147) Angela Constance: Of all looked after children who were “in foster care” at the end of each reporting year, the percentage that were aged 16 years or older for each of the last five years was: 31 March 2006: 9.7% 31 March 2007: 9.4% 31 March 2008: 9.2% 31 March 2009: 8.3% 31 July 2010: 8.2%. Please note that figures for 2006, 2009 and 2010 include a very small number of young people aged over 21 years who were still being looked after, whereas figures for 2007 and 2008 only included young people being looked after up to and including the age of 21 year olds.

Jamie Hepburn (Cumbernauld and Kilsyth) (Scottish National Party): To ask the Scottish Executive how many children have been living with a parent with a known drug dependency in each of the last five years. (S4W-2148) Angela Constance: Current best estimates suggest that between 40-60,000 children in Scotland may be affected by parental drug misuse. Of these, 10-20,000 may be living with at least one parent with a drug misuse problem. These figures are largely derived from Estimating the National and Local Prevalence of Problem Drug Misuse in Scotland 2006, published in October 2009 and remain largely unchanged since the last update based on 2003 data.

Jamie Hepburn (Cumbernauld and Kilsyth) (Scottish National Party): To ask the Scottish Executive what discussions it has had with the UK Government regarding exempting kinship care payments when calculating entitlement to support from the Department of Work and Pensions. (S4W-2150) Angela Constance: The Scottish Government has met with the UK Government and discussed the issue of benefit entitlement for kinship carers numerous times since 2007 in order to try to improve financial support available. This has resulted in a number of improvements including the exempting of kinship allowances from housing and council tax benefit. For example, if a kinship carer received a weekly payment of £100 they could be better off by up to around £37 per week depending on their individual circumstances, as a result of these changes.

Jackie Baillie (Dumbarton) (Scottish Labour): To ask the Scottish Executive what funding is available for local welfare assistance grants and what proportion will be allocated for administration. (S4W-2409) Michael Matheson: We are currently consulting on the successor arrangements for community care grants and crisis loans. We will make decisions on future arrangements, including the allocation of funding, in the light of the responses.

Finance and Sustainable Growth Drew Smith () (Scottish Labour): To ask the Scottish Executive what the key themes of its cities strategy are and whether regional transport is a priority. (S4W-2168) Nicola Sturgeon: As noted in the answer to questions S4W-02164 and S4W-02166 on 5 September 2011, the cities strategy is currently being developed collaboratively with cities and will be published by the end of 2011. It is the role of Scotland‟s seven regional transport partnerships to strengthen the planning and delivery of regional transport. 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/Apps2/MAQASearch/QAndMSearch.aspx.

Drew Smith (Glasgow) (Scottish Labour): To ask the Scottish Executive what collaboration it has undertaken with Strathclyde Passenger Transport in the development of its cities strategy. (S4W-2169) Nicola Sturgeon: There has been no collaboration with Strathclyde Partnership for Transport (SPT) specifically on the development of the cities strategy. As one of Scotland‟s seven regional transport partnerships, SPT has regular engagement with Scottish Government, through Transport Scotland, on transport related matters.

Sarah Boyack (Lothian) (Scottish Labour): To ask the Scottish Executive under what circumstances would it allow a local development plan to contradict the national planning framework. (S4W-2271) John Swinney: I refer the member to the answer to question S4W-01373 on 11 July 2011. Planning legislation requires that in preparing a local development plan the planning authority (a) are to take into account the National Planning Framework; (b) are to have regard to such information and considerations as are prescribed in the Town and Country Planning (Development Planning) (Scotland) Regulations 2008, and (c) may have regard to such other information and considerations as appear to them to be relevant. Scottish Ministers would only consider intervening in the process of adopting a local development plan where it appeared to them that the proposed plan was in some respect unsatisfactory, for example in terms of its implications for national policy. 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/Apps2/MAQASearch/QAndMSearch.aspx.

Sarah Boyack (Lothian) (Scottish Labour): To ask the Scottish Executive under what circumstances would it permit a local planning authority to reconsider the need for a development identified in the national planning framework when (a) preparing development plans and (b) responding to individual project proposals. (S4W-2272) John Swinney: I refer the member to the answers to questions S4W-01373 on 11 July 2011 and S4W-02271 on 5 September 2011. 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/Apps2/MAQASearch/QAndMSearch.aspx.

Health and Wellbeing Ruth Davidson (Glasgow) (Scottish Conservative and Unionist Party): To ask the Scottish Executive what its position is on offering all heart patients cardiac rehabilitation. (S4W-2122) Michael Matheson: Our Better Heart Disease and Stroke Care Action Plan, published in August 2011, recognises the clinical and cost effectiveness of cardiac rehabilitation. The action plan also emphasises the importance of ensuring that people living with heart disease who could benefit from cardiac rehabilitation, can gain access. We therefore expect provision of cardiac rehabilitation to be in line with Healthcare Improvement Scotland‟s clinical standards for heart disease, published in April 2010. Standard 10 is that patients with specified heart disease have access to a menu-based cardiac rehabilitation programme. It is however for NHS boards to provide services that meet the needs of their local populations.

Ruth Davidson (Glasgow) (Scottish Conservative and Unionist Party): To ask the Scottish Executive what steps it is taking to (a) ensure that all heart patients are offered and (b) monitor NHS board provision of cardiac rehabilitation. (S4W-2123) Michael Matheson: The Better Heart Disease and Stroke Care Action Plan includes a number of actions designed to support the delivery of cardiac rehabilitation for people living with heart disease. Progress with these actions is closely monitored by the National Advisory Committee on Heart Disease. The action plan is available at: http://www.scotland.gov.uk/Resource/Doc/277650/0083350.pdf. An audit of cardiac rehabilitation services was performed as part of Healthcare Improvement Scotland‟s Heart Disease Improvement Programme in 2010-11. Healthcare Improvement Scotland plans to publish the findings of this exercise later this year. The audit has also been extended to include 2011-12, which will provide us with the fullest possible picture of service provision across Scotland.

Ruth Davidson (Glasgow) (Scottish Conservative and Unionist Party): To ask the Scottish Executive what proportion of (a) heart attack, (b) heart bypass, (c) angina, (d) angioplasty and (e) heart failure patients (i) is offered and (ii) receives cardiac rehabilitation. (S4W-2124) Michael Matheson: This information is not held centrally. Healthcare Improvement Scotland has however, performed a cardiac rehabilitation exercise as part of its Heart Disease Improvement Programme. Although the information collected as part of that exercise will not provide a breakdown of cardiac rehabilitation provision by type of cardiac intervention or condition, a more accurate and complete calculation of cardiac rehabilitation referral rates will be possible once cardiac rehabilitation audit data becomes available later this year.

Ruth Davidson (Glasgow) (Scottish Conservative and Unionist Party): To ask the Scottish Executive how the provision of cardiac rehabilitation is monitored by each NHS board. (S4W-2125) Michael Matheson: We have provided funding to NHS Services Scotland‟s Information Services Division to conduct a national audit of cardiac rehabilitation in 2011-12. The National Advisory Committee on Heart Disease will discuss the outcomes from the audit with NHS boards‟ cardiac MCNs and agree any action that needs to be taken to help ensure Healthcare Improvement Scotland‟s clinical standards for heart disease are met.

Jackson Carlaw (West Scotland) (Scottish Conservative and Unionist Party): To ask the Scottish Executive how many senior charge nurses there were in each NHS board as at June 2011 and with what delegated level of authority. (S4W-2157) Nicola Sturgeon: The latest published information on headcount and whole time equivalent of nursing staff by band and NHS board can be found on the workforce statistics website at: http://www.isdscotland.org/Health-Topics/Workforce/Publications/2011-06- 28/Nursing%20and%20Midwifery.xls. Decisions on delegated levels of authority are a matter for individual NHS boards. This information is not held centrally.

Drew Smith (Glasgow) (Scottish Labour): To ask the Scottish Executive how it is working collaboratively with cities to develop a cities strategy. (S4W-2164) Nicola Sturgeon: I am meeting cities individually and collectively, to outline my role and to hear their priorities so as to understand how best to support them deliver those priorities through the cities strategy.

Drew Smith (Glasgow) (Scottish Labour): To ask the Scottish Executive whether any extra resource has been or will be provided to any city in 2011-12 as a result of the cities strategy. (S4W-2165) Nicola Sturgeon: The cities strategy is currently being developed with the cities themselves alongside other stakeholders.

Drew Smith (Glasgow) (Scottish Labour): To ask the Scottish Executive when it will publish its cities strategy. (S4W-2166) Nicola Sturgeon: The strategy will be published by the end of 2011.

Drew Smith (Glasgow) (Scottish Labour): To ask the Scottish Executive whether it has established a working group to develop its cities strategy and, if so, what its membership is. (S4W-2167) Nicola Sturgeon: Working arrangements are in place including representatives from all Scotland‟s cities and Scottish Government officials. Other relevant stakeholders are engaged as appropriate.

Drew Smith (Glasgow) (Scottish Labour): To ask the Scottish Executive what (a) meetings, (b) conferences and (c) public events the Cabinet Secretary for Health, Wellbeing and Cities Strategy has attended since 6 May 2011 that were related to the development of its cities strategy. (S4W-2170) Nicola Sturgeon: Since 6 May 2011, the Cabinet Secretary for Health, Wellbeing and Cities Strategy has attended: (a) the following meetings [with external participants]: 25 May Stewart Paterson, Evening Times 26 July Leader of 1 August Chief Executive, Scottish Chamber of Commerce 2 August Leader of Highland Council (including the Chief Executive of Highlands and Islands Enterprise) 2 August Meeting with businesses hosted jointly by the SCDI and the Inverness Chamber of Commerce 2 August Meeting with the Highlands and Islands Region of the Institute of Directors 3 August Sir Ian Wood 3 August Meeting with businesses hosted by the Aberdeen and Grampian Chamber of Commerce 3 August Leader of Aberdeen City Council 11 August Leader of Edinburgh City Council 11 August Director of CBI Scotland

(b) the National Economic Forum on 22 June, and (c) no public events. You may also be interested to note that in addition to these engagements, the Cabinet Secretary for Health, Wellbeing and Cities Strategy: led her portfolio debate on 8 June in the Scottish Parliament; attended the Economy, Energy and Tourism Committee of the Scottish Parliament on 15 June, and made the following telephone calls relating to the development of the cities strategy: 25 May Councillor Gordon Matheson, Leader of Glasgow City Council 26 May Councillor Jenny Dawe, Leader of Edinburgh City Council 26 May Councillor Ken Guild, Leader of Dundee City Council 31 May Councillor Michael Foxley, Leader of Highland Council 31 May Councillor John Stewart, Leader of Aberdeen City Council 31 May Councillor Graeme Housten, Leader of Stirling Council 21 June Professor Jim McDonald, Glasgow Economic Commission

Humza Yousaf (Glasgow) (Scottish National Party): To ask the Scottish Executive what steps it is taking to make public services more accessible for people who are deaf or hard of hearing. (S4W-2214) Michael Matheson: In the first place the public sector equality duty in the Equality Act 2010, which came into force on 5 April, requires public authorities to have “due regard” to the need to eliminate discrimination, victimisation and harassment which are unlawful under the act; to advance equality of opportunity, and to foster good relations. The Equality and Human Rights Commission has produced guidance to help public authorities respond to the duty. The Scottish Government works with a number of organisations to raise awareness of issues that affect the deaf community, to ensure the views of deaf people are heard, and to reduce barriers to inclusion for deaf people to bring about an improvement in service planning and delivery.

Humza Yousaf (Glasgow) (Scottish National Party): To ask the Scottish Executive what plans it has to protect and promote British Sign Language. (S4W-2216) Michael Matheson: The Scottish Government understands the importance of British Sign Language (BSL) to the deaf community in Scotland, and formally recognised BSL as a language on 5 March 2011. The Scottish Government is represented on the British Sign Language and Linguistic Access Working Group and works in partnership with a number of organisations in the deaf sector. The Scottish Government previously provided significant funding to the Building Bridges Project, a programme to deliver a long-term strategy to improve linguistic access for Deaf people and increase access to services through registered interpreters, and has provided funding for three BSL projects in 2010-11. The Scottish Government also funded the piloting of seven sensory impairment „one-stop shop‟ services. These shops offer early diagnosis, support and advice, which include support and advice on British Sign Language. Given the success of these shops, the Government is committed to a programme of roll out of this model in 2011. The Scottish Qualifications Authority (SQA) currently has a suite of standalone National Qualifications Units in learning British Sign Language at Scottish Credit Qualifications Framework level 3 (Access 3), 4 (Intermediate 4), 5 (Intermediate 2) and 6 (Higher). These will continue to be available under Curriculum for Excellence. The SQA is also developing a Professional Development Award BSL Studies as part of the initiative to improve linguistic access through support from the Scottish Government‟s Equality Unit. This work is being undertaken to address the shortage of BSL/English interpreters, and will result in a qualification that will develop high level BSL skills and provide a professional pathway for BSL tutors to deliver training at levels 3 and 4.

Richard Baker (North East Scotland) (Scottish Labour): To ask the Scottish Executive how many people have died from heart disease in hospitals in the NHS Grampian area in (a) 2008, (b) 2009 and (c) 2010. (S4W-2222) Michael Matheson: Type of heart disease is not specified in the question. On the advice of the National Records of Scotland medical advisor, the figures below use ICD-10 codes I00-I52. These codes cover the following causes: Acute rheumatic fever (I00-I02), Chronic rheumatic heart diseases (I05-I09), Hypertensive diseases (I10-I15), Ischaemic heart diseases (I20-I25), Pulmonary heart disease and diseases of pulmonary circulation (I26-I28), Other forms of heart disease (I30-I52). This is not a commonly used definition of heart disease and, for this reason, these figures cannot be compared with other published figures for coronary/ischaemic heart disease (ICD-10 codes I20-I25). The question asks for deaths in Grampian hospitals therefore the figures may include people who lived outwith the Grampian area but who died in a Grampian hospital, but exclude Grampian residents who died outwith the area. It should also be noted that the requested figures are for hospital deaths which account for less than half of all deaths from heart disease in Grampian. Number of Deaths from Heart Disease (ICD-10 codes I00-I52) in Hospitals in the NHS Grampian Area, 2008-10: Year Number of Deaths 2008 533 2009 504 2010 508 Source: National Records of Scotland.

Richard Baker (North East Scotland) (Scottish Labour): To ask the Scottish Executive how many doses of methadone were dispensed in the NHS Grampian area in each of the last two years. (S4W-2225) Michael Matheson: The number of Methadone defined daily doses, as defined by the World Health Organization (WHO), that were dispensed by NHS Grampian, was 2,262,761 in 2009-10 and 2,514,317 in 2010-11.

Richard Simpson (Mid Scotland and Fife) (Scottish Labour): To ask the Scottish Executive, in light of the case of Helen McGlone against Greater Glasgow Health Board, in which the board admitted negligence on its part on two occasions in failing to identify pre-cancerous cells from smear tests in December 2005 and March 2006 leading to the subsequent progression to cervical cancer, what steps has the board taken to carry out an independent review of all tests it carried out from 2005 until the date it admitted negligence in 2010 to confirm whether other similar errors have occurred. (S4W-2249) Michael Matheson: Following Ms McGlone‟s legal case in 2008, NHS Greater Glasgow and Clyde reviewed the performance of individual laboratory staff and of laboratory systems and processes. This review found that the sensitivity rates of screeners were within the national performance guidelines limits. In addition, NHS Greater Glasgow and Clyde has undertaken a number of reviews through the invasive cervical cancer audit. These reviews have identified no other case similar to that of Ms McGlone. Due to the nature of invasive cervical cancer NHS Greater Glasgow and Clyde would now be aware, through regular audit of cervical cancer, of any woman who had had one or more false negative smear results in 2005-06 and who had since developed cervical cancer. No such cases have been identified.

Richard Simpson (Mid Scotland and Fife) (Scottish Labour): To ask the Scottish Executive, in light of an audit carried out in 2010 suggesting that four out of its 128 cytoscreeners were not performing to the required standard, what steps has NHS Scotland taken to rectify errors that might have arisen as a result. (S4W-2250) Michael Matheson: The information referred to within the question relates to the 2009-10 External Quality Assurance (EQA) scheme. The EQA scheme uses interpretive assessment utilising anonymised slides which have already been reported and are no longer required for clinical management. The results of the EQA scheme therefore do not affect women‟s cervical screening results or management. Every member of laboratory staff in Scotland responsible for reporting smears participates in interpretive assessment. If an individual has a substandard performance in two of three consecutive circulations, the individual and consultant in charge of the laboratory are informed and a professional development plan agreed. Within the 2009-10 EQA scheme no individual had a substandard performance in two of three consecutive circulations and therefore no intervention was required.

Richard Simpson (Mid Scotland and Fife) (Scottish Labour): To ask the Scottish Executive in which years since 2000 was the mean uptake of MMR vaccine less than 90% on the (a) first and (b) second injection. (S4W-2254) Michael Matheson: Information regarding MMR vaccine uptake rates is available on the ISD website, where trends in uptake over time are published and maintained. The most recent uptake information is available at: http://www.isdscotland.org/Health-Topics/Child-Health/publications/2011-06- 23/child_imms_Scot_qtr111.xls. The following table reflects tables 6 to 8 from the above publication. Since 2000, the mean uptake of first dose of MMR (MMR1) in Scotland, routinely monitored and published at 24 months, was lower than 90% for the five-year period 2001 to 2005. For the same period, the mean uptake of second dose (MMR2), routinely monitored and published at six years, was less than 90% for five years, 2001 and 2005 to 2008. Since 2006 uptake of MMR2 is also monitored at five years of age, and this is reflected in the second table. Table 1 Mean Uptake of MMR1 Mean Uptake of MMR2 Year (all Scotland) at 24 months (all Scotland) at 6 years 2000 93.2 90.0 2001 88.5 88.3 2002 87.8 90.4 2003 86.8 90.3 2004 88.3 90.5 2005 89.9 88.2 2006 92.1 88.4 2007 92.1 88.9 2008 92.0 89.7 2009 93.6 91.1 2010 93.2 92.7

Table 2 Mean Uptake of MMR1 & MMR2 (all Scotland) at Five Age Years 2006-10 (data did not record at age five prior to 2006) MMR1 MMR2 2006 93.8 83.9 2007 94.4 83.5 2008 94.9 85 MMR1 MMR2 2009 96.1 89.2 2010 96 90 Note: The first dose of MMR vaccine (MMR1) is routinely offered at around 13 months and uptake is monitored at 24 months. The second dose (MMR2) is offered to pre-school children between age three years, four months and five years of age, and uptake in Scotland is monitored at age six. In 2007, the age that the second dose was offered was standardised at around three years and four months throughout Scotland. This change was phased over a period of a year and a half.

Richard Simpson (Mid Scotland and Fife) (Scottish Labour): To ask the Scottish Executive what the relationship is between levels of deprivation and uptake of the MMR vaccination. (S4W-2255) Michael Matheson: Information on MMR vaccine uptake and deprivation rates is contained in the published information on the ISD website, which looks each year (by NHS board) at vaccine uptake by Scottish Index of Multiple Deprivation (SIMD). This is available at the following link: http://www.isdscotland.org/Health-Topics/Child-Health/publications/2011-03- 24/Imms_by_HB_and_SIMD_2010.xls These figures (for 24 month olds) currently show a slight linear trend in uptake of first dose of vaccination (MMR1) with deprivation, with 94.4% uptake at 24 months in the least deprived quintile compared with 92.2% uptake in the most deprived. This pattern is consistent with the pattern seen for the other immunisations given at the same time (at age 12 to 13 months) i.e. PCV Booster, and Hib/MenC Booster. Previously with MMR, unlike other vaccines there was also reduced uptake in the more affluent sectors of society, which was attributed to selective refusal of this vaccine. This pattern is now not evident among Scottish children overall. A delay in uptake of the first dose has also been observed in the most deprived populations as defined by SIMD. This has been improving over time with both a smaller delay and evidence that children catch up on overall uptake levels with their peers.

Jackie Baillie (Dumbarton) (Scottish Labour): To ask the Scottish Executive whether it has held discussions with (a) the UK Government, (b) voluntary organisations and (c) COSLA on the localisation of community care grants and crisis loans and, if so, (i) when these were held and (ii) what matters were discussed. (S4W-2406) Michael Matheson: My officials held frequent discussions with UK Government officials, voluntary organisations and COSLA to prepare for our consultation, Devolution of Community Care Grant and Crisis Loans: Consultation on Successor Arrangements, published on 5 August 2011, available at http://www.scotland.gov.uk/Publications/2011/07/29104056/0.

Jackie Baillie (Dumbarton) (Scottish Labour): To ask the Scottish Executive whether the provision of local welfare assistance grants will be (a) based on a fixed financial allocation or (b) demand led. (S4W-2410) Michael Matheson: We are currently consulting on the successor arrangements for community care grants and crisis loans. We will make decisions on future arrangements, including the allocation of funding, in the light of the responses.

Jackie Baillie (Dumbarton) (Scottish Labour): To ask the Scottish Executive whether it considers that local authorities should be responsible for the distribution of local welfare assistance grants. (S4W-2411) Michael Matheson: We are currently consulting on the successor arrangements for community care grants and crisis loans. We will make decisions on future arrangements, including the delivery of those, in the light of the responses.

Justice James Kelly (Rutherglen) (Scottish Labour): To ask the Scottish Executive how many drug- related deaths there were in (a) 2007-08, (b) 2008-09, (c) 2009-10 and (d) 2010-11, broken down by parliamentary constituency. (S4W-2248) Roseanna Cunningham: Statistics on drug-related deaths in Scotland are published annually by National Records of Scotland (NRS). The published statistics are reported by calendar year and the breakdowns of the data include by local authority and NHS health board. Information on the number of drug related deaths by financial year and parliamentary constituency is not held centrally. The most recent statistics are for 2010 (published 9 August 2011) and the report, which includes figures for each local authority and NHS board for each year from 2000 to 2010, is available on the NRS website: http://www.gro-scotland.gov.uk/statistics/theme/vital-events/deaths/drug-related/index.html.

Richard Simpson (Mid Scotland and Fife) (Scottish Labour): To ask the Scottish Executive whether it will routinely test for Phenazepam as part of its monitoring of deaths where drug or drug and alcohol abuse is suspected. (S4W-2251) Roseanna Cunningham: A full toxicology screening is required by the Procurator Fiscal in the case of a drug-related death. This screening will test for drugs of abuse or prescription drugs and would detect Phenazepam.

Rural Affairs and the Environment Rhoda Grant (Highlands and Islands) (Scottish Labour): To ask the Scottish Executive how much Scotland Rural Development Programme rural priorities funding was or has been awarded per head of population in each project assessment area in (a) 2009, (b) 2010 and (c) 2011. Holding answer issued: 30 August 2011 (S4W-2024) Richard Lochhead: The following table shows the approved funding per head of population in each Regional Proposal Assessment Committee (RPAC) region. It should be noted that certain regions, particularly Clyde and Forth, contain large urban areas; therefore rural development funding per capita is consequentially lower. Approved Funding (£) Per Capita RPAC Region Population 2008 2009 2010 2011 Total Argyll 89,200 44.13 152.51 80.37 44.76 321.77 Ayrshire 366,860 7.73 22.31 19.98 18.13 68.15 Borders 112,870 44.70 146.19 170.14 27.14 388.18 Clyde Valley 1765,770 0.69 2.26 5.53 2.17 10.65 Dumfries and Galloway 148,190 18.67 181.07 178.84 93.57 472.15 Forth 1495,620 2.36 11.81 7.77 3.36 25.31 Grampian 550,620 27.21 83.42 45.31 14.48 170.41 Highland 221,630 22.83 184.27 134.13 44.92 386.16 Northern Isles 42,510 86.43 281.40 173.08 25.08 565.99 Outer Hebrides 26,190 10.60 160.85 76.82 11.94 260.21 Tayside 402,640 14.19 43.16 30.75 11.20 99.30

Population figures are from Mid-2010 Population Estimates Scotland, published on 27 April 2011 by the General Registers of Scotland: http://www.gro-scotland.gov.uk/files2/stats/population-estimates/mid-2010/mid-year-pop-est-2010.pdf. Details of which councils are in each RPAC area are available on the Rural Priorities website: http://www.scotland.gov.uk/Topics/farmingrural/SRDP/RuralPriorities/WhatRegion.

Tavish Scott (Shetland Islands) (Scottish Liberal Democrats): To ask the Scottish Executive whether it can intervene to assist the Sea Shepherd Conservation Society vessel, Steve Irwin, which is detained in Lerwick following a civil lawsuit brought through the UK courts by Maltese fishing company Fish & Fish Ltd. (S4W-2028) Richard Lochhead: The Scottish Government is not able to intervene to assist the Sea Shepherd Conservation Society vessel, the Steve Irwin. The ship‟s bond has been paid and it is no longer detained in Lerwick.

Nanette Milne (North East Scotland) (Scottish Conservative and Unionist Party): To ask the Scottish Executive what plans it has to review the penalty system and fine levels for farm inspections. (S4W-2120) Richard Lochhead: Scottish Government takes every opportunity to ensure that the interests of Scottish agriculture are taken into consideration by the European Commission. Achieving a fair and proportionate sanction system for Scottish farmers is ongoing and is a subject which my officials have at the top of their agenda. For example, Scotland was recently successful in securing some flexibility from Europe in relation to Sheep EID.

Nanette Milne (North East Scotland) (Scottish Conservative and Unionist Party): To ask the Scottish Executive how many farm inspections have taken place in each year since 1999. (S4W-2121) Richard Lochhead: Government farm inspections have been falling steadily since 2006 demonstrating the Scottish Government‟s commitment to reducing the regulatory burden on the farming community while continuing to meet EU inspection requirements. The following table gives a detailed breakdown: Number of Businesses Inspected* 1999 4,324 2000 3,884 2001 *2,221 2002 4,488 2003 4,500 2004 4,594 2005 *2,384 2006 3,332 2007 3,148 2008 2,932 2009 2,356 2010 2,133 2011 *914 Note: *Figures are for on farm inspections carried out by the Scottish Government Rural Payment and Inspections Directorate and its predecessors since 1999. Figures dropped considerably in 2001 due to inspections being postponed due to Foot and Mouth disease. Some inspections for the 2005 year have been counted against 2004 due to the transitional arrangements for the introduction of Single Farm Payment and. 2011 figures are only for inspections completed up until end July 2011.

Mark McDonald (North East Scotland) (Scottish National Party): To ask the Scottish Executive to what obligations owners of land are subject in order to prevent the spread of Japanese knotweed. (S4W-2130) Richard Lochhead: Japanese knotweed is listed on Part II of Schedule 9 of the Wildlife and Countryside Act 1981, which makes it an offence (under Section 14 of that act) for any person to plant or otherwise cause it to grow in the wild. Japanese knotweed and the soil containing particles of the plants or their rhizomes, once removed, is regarded as controlled waste for the purposes of Part II of the Environmental Protection Act 1990. Controlled waste must be disposed of in accordance with Section 33 of the Environmental Protection Act 1990.

Mark McDonald (North East Scotland) (Scottish National Party): To ask the Scottish Executive what penalties can be applied for a failure by an owner of land to control the spread of Japanese knotweed. (S4W-2131) Richard Lochhead: Japanese knotweed is listed on Part II of Schedule 9 of the Wildlife and Countryside Act 1981, which makes it an offence (under Section 14 of that Act) for any person to plant or otherwise cause it to grow in the wild. The offence is punishable in most cases by a fine of up to £10,000 or 12 months imprisonment. A failure to prevent the spread of Japanese knotweed will generally not be an offence. However, a landowner who does not control the spread of Japanese knotweed might in some circumstances incur civil liability to his or her neighbours. Japanese knotweed and the soil containing particles of the species or their rhizomes, once removed, is regarded as controlled waste for the purposes of Part II of the Environmental Protection Act 1990. Controlled waste must be disposed of in accordance with Section 33 of the Environmental Protection Act 1990. Section 33 of the Environmental Protection Act states that it is an offence to deposit, treat, keep or dispose of controlled waste without a licence. The offence is punishable in most cases by a fine of up to £50,000 and/or 12 months imprisonment.

Liam McArthur (Orkney Islands) (Scottish Liberal Democrats): To ask the Scottish Executive how many applications to shoot seals have been or were (a) made, (b) granted and (c) refused in 2011 and each of the previous five years; what the reasons were for the refusals, and in what geographic areas applications were granted. (S4W-2155) Richard Lochhead: The Marine (Scotland) Act 2010 makes it an offence to kill or take any seal at any time except under licence or for animal welfare concerns. Details of applications received and licences granted across all geographic areas of Scotland as of 31 January 2011 are available at: http://www.scotland.gov.uk/topics/marine/licensing/seallicensing. In 2011 three licences applications were refused, one because the application was for a fish farm that was not yet operational and the others because the applicant failed to provide appropriate information. Prior to 31 January 2011, applications to shoot seals were made under the Conservation of Seals Act 1970 which allowed unregulated shooting of seals out with the annual close seasons. The netsmans defence allowed unlicensed shooting during close seasons. Licences were therefore only required during the close season for each species, namely 1 September to 31 December for grey seals and 1 June to 31 August for common seals. The 1970 act was completely repealed by the Marine (Scotland) Act 2010. Details of applications, licences and refusals for the previous five years under the 1970 act are listed in the following table. Year Applications Licences Refusals 2010 13 9 4 2009 12 8 4 2008 13 13 0 2007 11 11 0 2006 8 8 0

All applications that were refused under the 1970 act were for common seals due to the common seal decline in certain areas of Scotland.

The following questions received holding answers: S4W-02103 S4W-02105