Chamber
Plenary, 04 Feb 2010
04 Feb 2010 · S3 · Plenary
Item of business
Marine (Scotland) Bill
The Liberal Democrats welcome the Marine (Scotland) Bill, which will create a framework for the management of Scotland's seas. We have had a constructive debate with fairly consensual agreement on the amendments.
In contrast to the well-developed terrestrial planning system in the UK, no framework has existed for planning the use of our seas. Instead, more than 80 different acts of Parliament and regulations have regulated the many different activities in Scottish seas. As a result, marine wildlife has struggled to cope with the pressure of the increasing demands on our seas. In introducing marine spatial planning, the bill will help to protect important wildlife by providing greater certainty about where and how developments should take place. The marine planning provisions are vital, and it is key that the bill provides a clear direction and purpose for the planning system.
During the committee's first evidence session, there was a recognition that the bill was unclear about what marine plans would look like and what they would contain. Of course, there is a desire for flexibility within the planning system; however, the system has needed clarity and more certainty. At stage 2, the cabinet secretary stated:
"A marine plan is not a vehicle for delivering freestanding programmes or a series of actions."—[Official Report, Rural Affairs and Environment Committee, 18 November 2009; c 2124.]
However, section 9 of the Water Environment and Water Services (Scotland) Act 2003 requires the Scottish Environment Protection Agency to prepare a programme of measures to achieve objectives for the purposes of the river basin management plan for a river basin district. In addition, section 27 of the Flood Risk Management (Scotland) Act 2009 requires SEPA to identify other measures.
Nevertheless, the measures are simply tools for achieving plan objectives. We believe that the plan should set out what is going to be done and who is responsible for doing it. The Liberal Democrats' position is, therefore, consistent with the foregoing acts, which provide a clear, simple and flexible outline as to what marine plans should contain as a minimum.
Members will have received hundreds of e-mails on the bill from their constituents, particularly regarding the protection of seals and the enhancement of our Scottish seas. The key for the future of our seas is to have not only protection and conservation, but measures that will develop that natural resource in a sensible way.
The bill has given us an opportunity to strengthen the legal position by placing a duty on Scottish ministers and all relevant public authorities to act in the best way to protect and enhance the health of the Scottish marine area. The cabinet secretary has argued that the duty might require the enhancement of marine health even in pristine areas—the addition of "where appropriate" addresses that. The duty also reflects Scotland's obligations under the marine strategy framework directive in primary legislation.
However, Liberal Democrats do not wish any control to be taken from local decision making by local authorities, as councils have the necessary expertise. That has been made clear this afternoon.
The public has been deeply interested in our deliberations on the bill and, as of 1 February, around 6,500 letters and e-mails had been sent to MSPs in the run-up to stage 3. With amendments, those provided an opportunity to translate into law the unanimous support of the committee, which was reflected by members of all political parties in the stage 1 debate, for the principle of protection and enhancement of the Scottish marine area.
Liberal Democrats broadly welcome the bill in most of its amended form. We believe that it will enhance the marine environment, the health of our seas and the sustainable future of our fishing industry. I look forward to supporting it at decision time.
In contrast to the well-developed terrestrial planning system in the UK, no framework has existed for planning the use of our seas. Instead, more than 80 different acts of Parliament and regulations have regulated the many different activities in Scottish seas. As a result, marine wildlife has struggled to cope with the pressure of the increasing demands on our seas. In introducing marine spatial planning, the bill will help to protect important wildlife by providing greater certainty about where and how developments should take place. The marine planning provisions are vital, and it is key that the bill provides a clear direction and purpose for the planning system.
During the committee's first evidence session, there was a recognition that the bill was unclear about what marine plans would look like and what they would contain. Of course, there is a desire for flexibility within the planning system; however, the system has needed clarity and more certainty. At stage 2, the cabinet secretary stated:
"A marine plan is not a vehicle for delivering freestanding programmes or a series of actions."—[Official Report, Rural Affairs and Environment Committee, 18 November 2009; c 2124.]
However, section 9 of the Water Environment and Water Services (Scotland) Act 2003 requires the Scottish Environment Protection Agency to prepare a programme of measures to achieve objectives for the purposes of the river basin management plan for a river basin district. In addition, section 27 of the Flood Risk Management (Scotland) Act 2009 requires SEPA to identify other measures.
Nevertheless, the measures are simply tools for achieving plan objectives. We believe that the plan should set out what is going to be done and who is responsible for doing it. The Liberal Democrats' position is, therefore, consistent with the foregoing acts, which provide a clear, simple and flexible outline as to what marine plans should contain as a minimum.
Members will have received hundreds of e-mails on the bill from their constituents, particularly regarding the protection of seals and the enhancement of our Scottish seas. The key for the future of our seas is to have not only protection and conservation, but measures that will develop that natural resource in a sensible way.
The bill has given us an opportunity to strengthen the legal position by placing a duty on Scottish ministers and all relevant public authorities to act in the best way to protect and enhance the health of the Scottish marine area. The cabinet secretary has argued that the duty might require the enhancement of marine health even in pristine areas—the addition of "where appropriate" addresses that. The duty also reflects Scotland's obligations under the marine strategy framework directive in primary legislation.
However, Liberal Democrats do not wish any control to be taken from local decision making by local authorities, as councils have the necessary expertise. That has been made clear this afternoon.
The public has been deeply interested in our deliberations on the bill and, as of 1 February, around 6,500 letters and e-mails had been sent to MSPs in the run-up to stage 3. With amendments, those provided an opportunity to translate into law the unanimous support of the committee, which was reflected by members of all political parties in the stage 1 debate, for the principle of protection and enhancement of the Scottish marine area.
Liberal Democrats broadly welcome the bill in most of its amended form. We believe that it will enhance the marine environment, the health of our seas and the sustainable future of our fishing industry. I look forward to supporting it at decision time.
In the same item of business
The Deputy Presiding Officer (Alasdair Morgan):
SNP
The next item of business is a debate on motion S3M-5559, in the name of Richard Lochhead, on the Marine (Scotland) Bill.
The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead):
SNP
I am delighted to open the debate on Scotland's first ever marine bill. This is truly a historic day for Scotland, our seas and the people of Scotland who wa...
Peter Peacock (Highlands and Islands) (Lab):
Lab
Robin Harper made a point about haul-out sites, which Elaine Murray picked up on when summing up on the group of amendments in question. Elaine Murray referr...
Richard Lochhead:
SNP
I am happy to put it on record that we will work with all the relevant authorities to ensure that appropriate guidance is in place on the identification of h...
Elaine Murray (Dumfries) (Lab):
Lab
The Marine (Scotland) Bill is vital and its significance should not be underestimated. The marine area is essential to biodiversity, to food supply, to energ...
John Scott (Ayr) (Con):
Con
I begin, like others, by thanking all those who have contributed to the creation of the Marine (Scotland) Bill. In particular, I thank our clerks, who have w...
Liam McArthur (Orkney) (LD):
LD
This day has been a long time coming. Our bill has enjoyed a lengthy gestation, but it is important that it has throughout that period enjoyed widespread sup...
The Deputy Presiding Officer:
SNP
We move to the open debate. If members stick to their time limits, we will get everyone in.
Bill Wilson (West of Scotland) (SNP):
SNP
I am delighted that the Marine (Scotland) Bill is well on its way to success. Indeed, I might venture to say that nobody examining the bill could accuse the ...
The Deputy Presiding Officer:
SNP
Wind up, please.
Bill Wilson:
SNP
Understood.I hope that the cabinet secretary will consider that suggestion when he comes to consider the definition of the "health" of the seas.
Karen Gillon (Clydesdale) (Lab):
Lab
I am delighted to be able to participate in this, the final stage of the Marine (Scotland) Bill. Its long process, which began in the previous parliamentary ...
The Deputy Presiding Officer:
SNP
Wind up, please.
Karen Gillon:
Lab
Finally, I welcome the progress that has been made on the emotive issue of seals. I think that at stage 3 we have managed to get the balance right and, in ti...
Robin Harper (Lothians) (Green):
Green
We are about to pass our first Scottish marine bill and it has been a long time in coming. It is not quite the bill that Green ministers would have written—m...
Peter Peacock (Highlands and Islands) (Lab):
Lab
This is a watershed moment in the management of our marine environment. For too many generations, what was out of sight in a large part of our marine environ...
Jim Hume (South of Scotland) (LD):
LD
The Liberal Democrats welcome the Marine (Scotland) Bill, which will create a framework for the management of Scotland's seas. We have had a constructive deb...
Nanette Milne (North East Scotland) (Con):
Con
I am delighted that this long-awaited and extremely important bill has reached the final stages of its passage through Parliament. Following close on the hee...
Sarah Boyack (Edinburgh Central) (Lab):
Lab
I agree with colleagues that the bill is landmark legislation. It has been a long time in coming, and a tremendous amount of work has been done not only by m...
Richard Lochhead:
SNP
I thank all members for their contribution to the debate on the bill. There have been many positive contributions; we have heard members speak of their pride...
The Presiding Officer (Alex Fergusson):
NPA
Order. Members who are talking are missing a fascinating geographical talk.
Richard Lochhead:
SNP
There is also spectacular marine wildlife off the coast of Galloway and Upper Nithsdale.As we know, marine wildlife tourism is another opportunity that Scotl...