Hansard

The role played by that area of Government is limited and tends to apply to the marine sector and marine operations.

Due to the importance of the issue that we are discussing tonight to a wide range of small vessel owners, I wrote to Peel Ports to highlight stakeholders’ strength of feeling, and it confirmed that it is in the preliminary data collection phase of a community consultation process to assess the possible introduction of an annual conservancy fee for leisure vessels on the Clyde. We have been advised that no decision has been made on how to proceed at this point in time. It noted that any formal decision to implement a licence fee would be preceded by a thorough public consultation, ensuring that the perspectives of all marine users are taken into account, and it also confirmed its view that any proposed conservancy fee would, if introduced, be in compliance with its legal responsibilities as set out in its local legislation and the 1964 act.

There is a potential role for Scottish ministers in the future if a fee or charge is in place and a user invokes section 31 of the 1964 act. That section provides for a right of objection to Scottish ministers against the imposition of

“ship, passenger and goods dues”.

The Scottish Government will process any objections lodged under that section, and any person considering making such a formal challenge should take independent legal advice.

If the section 31 procedures were to be invoked, ministers’ role would, in effect, involve adjudication of a dispute. Therefore, it would not be appropriate for me, as minister at this time, to discuss the potential substance of any dispute or to offer any view on it, the parameters of the right of objection under the 1964 act or how ministers may carry out their decision-making function. Those are matters for objectors to consider and to take a view on without any input from ministers as potential decision makers. There is no scope for the issue to be dealt with, other than by way of a transparent, impartial and even-handed consideration of an objection duly made.

However, at this stage, there is no fee or charge in place, and I understand that Peel Ports is exploring all options. We understand that a wider consultation process with all relevant stakeholders is proposed to take place in the coming months, with an outcome on the consultation expected later this year.

The importance of charges to the viability of ports and harbours and the safe management of our waters, and the principle of users contributing to those costs, are well recognised, but it is also right that the levying of such dues be proportionate. Although statutory harbour authorities are independent bodies governed by their own legislation, proper consultation with users and interested stakeholders on proposals is important.