Hansard

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.