Chamber
Plenary, 29 Oct 2009
29 Oct 2009 · S3 · Plenary
Item of business
Marine Scotland Bill: Stage 1
The debate has been interesting and, in the main, remarkably consensual. The areas of concern as well as the areas of consent are broadly accepted by the Rural Affairs and Environment Committee and indeed by the parties in the chamber. That also reflects our discussions and deliberations with stakeholders. I add the thanks of members on the Labour benches to those which other members have expressed to both the stakeholders and the committee's clerking team and SPICe for all the help and information that they have given to committee members, especially those, like me, whose constituencies do not contain any element of coastline. It has been a steep learning curve for us.
We all recognise the value of our marine environment and we want to get the bill right. That is why I urge ministers to look again at the timetabling. I have made this point to previous Administrations as well as to the current one. Parliamentary scrutiny of bills is vital because we have only one chamber. If members receive the Government's response to a committee's stage 1 report only late on the night before a morning debate, that does nothing to encourage effective scrutiny. Perhaps ministers could reflect on that and ensure that members are given at least 24 hours to read and reflect on Government responses before we comment on them in the chamber. I know that the Cabinet Secretary for Rural Affairs and the Environment always wants to work with the committee, so I hope that he will take that point on board.
The Scottish seas are a source of great pride to us all. One of the key issues in the marine debate is that there is a three-tier system between Scotland, the UK, and our international partners. It is imperative that that remains in place and we welcome the fact that the bill does not seek to rock the boat in that regard. Fish swim and boats move, so it is important to have a co-ordinated approach throughout the UK and with our international partners. However, there is clearly a case for Scotland-led legislation regarding certain sectors of activity. The bill's proposals are therefore broadly to be commended, including the new systems of marine planning, streamlined licensing, and the establishment of marine protected areas.
As well as being a source of pride, our seas are a source of beauty, but they are also a source of economic activity for many of our coastal communities. That is why the committee's comments on genuine community engagement— which were articulated well by others, particularly Peter Peacock—are crucial in the area of policy that we are discussing. We need to take people with us. It seems to me that the dual mandate proposal to pursue economic prosperity alongside strict, regulated conservation through one Government body and the variety of stakeholders will be highly conflicting. The minister needs to explain how he proposes to ensure that there is a strong commitment to promoting both national economic development and the cultural and historical preservation of our seas, which are often on opposite sides of the debating table. It seems likely that, when the choice is polarised between prosperity and sustainability, as it will inevitably be in the discussions between local authorities, conservation groups and ministers, the short-term interests will trump the long-term interests. For the future of Scotland and its seas, we need to ensure that we take the long-term approach.
One of the key issues in the committee's report is community engagement. The committee found from the evidence that it took that there are polarised views on certain issues and it is important that we ensure that the broadest possible range of people are represented. Paragraph 105 of the committee's report deals with the issue, but the ministerial response is not as positive as we hoped it would be. I am sure that we will return to the issue at stage 2, given the overwhelming evidence that we have had.
The issue of seals clearly demonstrates those differences and debates. I appreciate John Farquhar Munro's comments. Indeed, only yesterday, we took evidence from marine scientists who outlined the impact that the seals are having on fish quotas and the availability of fish to our fishermen. John Scott and Jamie McGrigor outlined their concerns about fish farming and the potential impact on economic stability if our decisions are too stringent. However, Robin Harper passionately made the case for the seals. I agree with him that science is vital in that regard, or in any regard. My experience in 10 years as an elected member has been that lobbyists on both sides always overegg their pudding to make their case, so clear, independent scientific advice will be crucial to the committee when it makes decisions.
As my colleague Elaine Murray articulated, the committee's consensus to date has been that seals need to be controlled but that that must be done as humanely as possible and that legal methods should be the last resort. When licences are made available, they should be issued only to those who can demonstrate high levels of marksmanship to prevent unnecessary suffering and the painful and prolonged death of the seal.
Only yesterday, members received the Law Society of Scotland's concerns about sections 37 and 38, on fixed monetary penalties and the appeals process. Its letter states:
"The Society suggests that it would seem appropriate for a person in receipt of a notice to have a clear right to appeal to a Sheriff and that the current provisions within the draft Bill did not appear to be fair and reasonable."
Perhaps the minister will comment on that concern before stage 2, either when he sums up today or in a letter to the committee.
For me, the key issue in the debate is the balance between the economic needs of our coastal communities and the needs of future generations to have a vibrant ecosystem. That is why a whole ecosystem approach is crucial to the debate. I understand our fishing communities' concerns about their future economic activity, but we need to ensure that the fishing industry is sustainable for the long term, not just the short term. That is what the bill is about. It is about protecting our marine environment for future generations so that members, who are growing older in years, can be assured that those who come after us have a marine environment that they, too, will be able to celebrate, share and use for their purposes in a positive and sustainable way.
I commend to members the stage 1 report and the bill. I am sure that a constructive approach ahead of and during stage 2 will lead to positive legislation at the end of the process. I look forward to working with ministers and the rest of the committee in that regard.
We all recognise the value of our marine environment and we want to get the bill right. That is why I urge ministers to look again at the timetabling. I have made this point to previous Administrations as well as to the current one. Parliamentary scrutiny of bills is vital because we have only one chamber. If members receive the Government's response to a committee's stage 1 report only late on the night before a morning debate, that does nothing to encourage effective scrutiny. Perhaps ministers could reflect on that and ensure that members are given at least 24 hours to read and reflect on Government responses before we comment on them in the chamber. I know that the Cabinet Secretary for Rural Affairs and the Environment always wants to work with the committee, so I hope that he will take that point on board.
The Scottish seas are a source of great pride to us all. One of the key issues in the marine debate is that there is a three-tier system between Scotland, the UK, and our international partners. It is imperative that that remains in place and we welcome the fact that the bill does not seek to rock the boat in that regard. Fish swim and boats move, so it is important to have a co-ordinated approach throughout the UK and with our international partners. However, there is clearly a case for Scotland-led legislation regarding certain sectors of activity. The bill's proposals are therefore broadly to be commended, including the new systems of marine planning, streamlined licensing, and the establishment of marine protected areas.
As well as being a source of pride, our seas are a source of beauty, but they are also a source of economic activity for many of our coastal communities. That is why the committee's comments on genuine community engagement— which were articulated well by others, particularly Peter Peacock—are crucial in the area of policy that we are discussing. We need to take people with us. It seems to me that the dual mandate proposal to pursue economic prosperity alongside strict, regulated conservation through one Government body and the variety of stakeholders will be highly conflicting. The minister needs to explain how he proposes to ensure that there is a strong commitment to promoting both national economic development and the cultural and historical preservation of our seas, which are often on opposite sides of the debating table. It seems likely that, when the choice is polarised between prosperity and sustainability, as it will inevitably be in the discussions between local authorities, conservation groups and ministers, the short-term interests will trump the long-term interests. For the future of Scotland and its seas, we need to ensure that we take the long-term approach.
One of the key issues in the committee's report is community engagement. The committee found from the evidence that it took that there are polarised views on certain issues and it is important that we ensure that the broadest possible range of people are represented. Paragraph 105 of the committee's report deals with the issue, but the ministerial response is not as positive as we hoped it would be. I am sure that we will return to the issue at stage 2, given the overwhelming evidence that we have had.
The issue of seals clearly demonstrates those differences and debates. I appreciate John Farquhar Munro's comments. Indeed, only yesterday, we took evidence from marine scientists who outlined the impact that the seals are having on fish quotas and the availability of fish to our fishermen. John Scott and Jamie McGrigor outlined their concerns about fish farming and the potential impact on economic stability if our decisions are too stringent. However, Robin Harper passionately made the case for the seals. I agree with him that science is vital in that regard, or in any regard. My experience in 10 years as an elected member has been that lobbyists on both sides always overegg their pudding to make their case, so clear, independent scientific advice will be crucial to the committee when it makes decisions.
As my colleague Elaine Murray articulated, the committee's consensus to date has been that seals need to be controlled but that that must be done as humanely as possible and that legal methods should be the last resort. When licences are made available, they should be issued only to those who can demonstrate high levels of marksmanship to prevent unnecessary suffering and the painful and prolonged death of the seal.
Only yesterday, members received the Law Society of Scotland's concerns about sections 37 and 38, on fixed monetary penalties and the appeals process. Its letter states:
"The Society suggests that it would seem appropriate for a person in receipt of a notice to have a clear right to appeal to a Sheriff and that the current provisions within the draft Bill did not appear to be fair and reasonable."
Perhaps the minister will comment on that concern before stage 2, either when he sums up today or in a letter to the committee.
For me, the key issue in the debate is the balance between the economic needs of our coastal communities and the needs of future generations to have a vibrant ecosystem. That is why a whole ecosystem approach is crucial to the debate. I understand our fishing communities' concerns about their future economic activity, but we need to ensure that the fishing industry is sustainable for the long term, not just the short term. That is what the bill is about. It is about protecting our marine environment for future generations so that members, who are growing older in years, can be assured that those who come after us have a marine environment that they, too, will be able to celebrate, share and use for their purposes in a positive and sustainable way.
I commend to members the stage 1 report and the bill. I am sure that a constructive approach ahead of and during stage 2 will lead to positive legislation at the end of the process. I look forward to working with ministers and the rest of the committee in that regard.
In the same item of business
The Deputy Presiding Officer (Trish Godman):
Lab
The next item of business is a debate on motion S3M-4969, in the name of Richard Lochhead, on stage 1 of the Marine (Scotland) Bill. I call Richard Lochhead ...
The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead):
SNP
Thank you, Presiding Officer. I was not sure whether it was the convener of the Rural Affairs and Environment Committee who was going to open the debate, but...
Maureen Watt (North East Scotland) (SNP):
SNP
I am pleased to speak in the debate on behalf of the Rural Affairs and Environment Committee. This is a big bill on an important subject: the custodianship o...
Elaine Murray (Dumfries) (Lab):
Lab
Scottish Labour supports the principles of the Marine (Scotland) Bill and welcomes many of its provisions. However, in our view, the bill could be improved a...
John Scott (Ayr) (Con):
Con
I begin by thanking our clerks and SPICe for their help. I also thank those who gave evidence in oral and written form and those who hosted the Rural Affairs...
Jamie McGrigor (Highlands and Islands) (Con):
Con
Hear, hear.
John Scott:
Con
Thank you.Local, broadly based and appropriately sized marine planning partnerships must develop integrated plans to achieve the responsible management and i...
Liam McArthur (Orkney) (LD):
LD
I am delighted to open the debate on the Marine (Scotland) Bill on behalf of my party. Scottish Liberal Democrats have been long-standing supporters of such ...
Bill Wilson (West of Scotland) (SNP):
SNP
As with that long return to Ithaca, with its many trials and tribulations, so, no doubt, will be our journey to a healthier marine environment. We lack good ...
Peter Peacock (Highlands and Islands) (Lab):
Lab
Like other members, I very much welcome the bill and support its general principles. As the cabinet secretary and Liam McArthur said, the bill has had a long...
The Deputy Presiding Officer (Alasdair Morgan):
SNP
I am sure that I never glower, Mr Peacock.
John Farquhar Munro (Ross, Skye and Inverness West) (LD):
LD
I welcome the opportunity to speak about the Marine (Scotland) Bill. The bill has been a long time in coming and the Liberal Democrats have repeatedly called...
Robin Harper (Lothians) (Green):
Green
John Farquhar Munro expressed concern about paying too much attention to scientists and marine science because it might slow things up. However, the problems...
Alasdair Allan (Western Isles) (SNP):
SNP
The member rightly says that we should listen to scientists. Does he concede that we should also listen to communities and that one reason why the European C...
Robin Harper:
Green
The Liberal Democrats have already voiced their concerns in that area. All that I have to say on that issue at present is that it is clearly up for further d...
Stuart McMillan (West of Scotland) (SNP):
SNP
I am delighted to take part in the debate, not as a member of the Rural Affairs and Environment Committee or as a scientist, but as someone with an interest ...
Jim Hume (South of Scotland) (LD):
LD
I welcome the chance to sum up this debate on the important subject of the Marine (Scotland) Bill. As Liam McArthur and John Farquhar Munro have stated, the ...
Jamie McGrigor (Highlands and Islands) (Con):
Con
I refer members to my fishery interests in the members' register of interests.As my friend John Scott indicated in his opening speech, we strongly welcome th...
The Deputy Presiding Officer:
SNP
The member should wind up.
Jamie McGrigor:
Con
On the subject of aquaculture, one other concern that industry representatives have put to me is that the bill proposes to introduce a universal licensing sy...
The Deputy Presiding Officer:
SNP
The member must sit down.
Jamie McGrigor:
Con
—and inconsistency. Thank you, Presiding Officer.
Karen Gillon (Clydesdale) (Lab):
Lab
The debate has been interesting and, in the main, remarkably consensual. The areas of concern as well as the areas of consent are broadly accepted by the Rur...
Richard Lochhead:
SNP
There has been a lot of unanimity in the debate, which I welcome. Only the Liberal Democrats reverted to type from time to time. They said that everything wa...
Jamie McGrigor:
Con
During the first parliamentary session, I think that Ross Finnie, who was a minister, mentioned the possibility of a seal commission. Has the minister given ...
Richard Lochhead:
SNP
The bill mentions seal management plans, of course. We believe that they are a huge step forward in addressing issues relating to Scotland's seal populations...