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The Scottish Marine Bill will not provide for the structure of Marine Scotland.

There is wide support for the establishment of such a body and for the improved marine management arrangements it will deliver. Awaiting the passage of the Marine Bill would have meant substantive delay in establishing new delivery arrangements. Establishing Marine Scotland now means it can begin to integrate existing functions and resources and prepare for new functions once the bill is enacted. It also has the benefit of ending uncertainty for the staff involved and others.

Legislation is not required to establish Marine Scotland. The Marine Bill will create new functions for Scottish ministers, which Marine Scotland will deliver on their behalf.

Marine Scotland will develop and implement Scottish ministers'' policies on marine issues in Scottish seas. SNH is the Scottish Government''s statutory nature conservation adviser and its functions include provision of advice to ministers on the development and implementation of policies for, or affecting, the natural heritage of Scotland, including Scottish territorial waters. The Scottish Government has a duty under the Conservation (Natural Habitats &c.) Regulations 1994 to have regard to any representations made by SNH on proposals for developments that are likely to have a significant effect on Natura 2000 sites in Scotland. We intend to retain SNH''s role as statutory adviser on nature conservation issues in territorial waters.

The agreement of 24 November 2008 between the Scottish ministers, other devolved administrations and the UK Government under the Joint Ministerial Committee will provide a statutory mechanism for the coordination of policy and actions between the UK administrations.

A UK Marine Policy Statement will be developed by the Scottish ministers, other devolved administrations and the UK Government to set out the high-level objectives for the UK marine area.

When the Scottish ministers adopt the UK Marine Policy Statement, Marine Scotland and other Scottish public authorities will have a duty to have regard to this in carrying out their functions.

The agreement of 24 November 2008 between the Scottish ministers, other devolved administrations and the UK Government under the Joint Ministerial Committee (JMC) will ensure that policy is coherent between Marine Scotland and other UK administrations.

The full text of the JMC agreement can be viewed on pages 3-7 of the document found at this address:

http://www.scottish.parliament.uk/s3/committees/rae/lcm/documents/CAbsecletterreRiverESk13feb09formatted.pdf.

Sustainable Seas for All - a consultation on Scotland''s first marine bill included proposals for a marine planning system. It is envisaged that this planning system will have three tiers. One of the proposed tiers will be at the international level involving co-operation with other countries across administrative boundaries. This includes planning of our seas at a regional seas scale in co-operation with neighbouring countries.

The Scottish and UK governments, along with other devolved administrations, plan to work together to develop a UK Marine Policy Statement which will set out high-level marine objectives for our seas.

Establishing Marine Scotland as a delivery-orientated directorate of Scottish Government means it can deliver better integrated policy, science and other marine management functions than would be possible through a non-departmental public body. Combining marine expertise and resources will mean Marine Scotland is well placed to champion Scotland''s seas and play a key role in the UK, Europe and internationally. It is also more transparent through direct accountability to the Scottish Parliament and offers value for money.

A non-departmental body would be more complex and costly to establish and operate and has the significant drawback of fragmentation of functions.

While there were differences of view on the most appropriate status for Marine Scotland, this is also the approach favoured by the largest group of respondents on the Marine Bill consultation who expressed a view on this issue.

Marine Scotland will take an overarching responsibility for marine management, including through the development of a marine planning framework and national marine plan, and allowing the development of local/regional plans. These will reflect strategic priorities, including in relation to the development of marine renewable energy sources.

Integrating the range of policy, planning, science and other functions within Marine Scotland means that it can bring to bear the necessary range of experience, expertise and policy interests and promote achievement of our key strategic aims in an informed and authoritative way. As part of Scottish Government, it will also be well placed to work with policy colleagues elsewhere in the Scottish Government, its agencies and local government. This sort of integrated approach would be more difficult under a non-departmental public body.

Marine Scotland will integrate the existing roles and responsibilities of the Scottish Government Marine Directorate, Fisheries Research Services and the Scottish Fisheries Protection Agency. That includes their current decision-making functions in relation to marine nature conservation. To the extent that these responsibilities already rest with the Scottish Government or its agencies, this effectively maintains the status quo. Marine Scotland will continue to seek advice from Scottish Natural Heritage and the Joint Nature Conservation Committee as appropriate. We plan further provisions and functions related to marine nature conservation under the Marine Bill.

Responsibility for some decisions relating to marine nature conservation “ for example, related to the question of any proceedings for alleged offences “ currently rests elsewhere. We have no plans to change that approach.