Seòmar agus comataidhean

The benefit of island-proofing, and of making it a binding duty in an Islands Act in the event of independence, is that the needs and circumstances of island communities will be considered throughout the legislative process, including before a proposed Bill reaches Parliament. Where, as a consequence of the island-proofing process, it is considered appropriate to vary the application of legislation by geographical area, this will be decided upon through discussion between the islands communities and the Scottish Government and Scottish Parliament.

The Scottish Government’s preference will always be to have a fair and equitable settlement for all councils that is based on local needs and gives the maximum opportunity to deliver strong local services for local people and we will continue to work closely with COSLA to ensure that is achieved.

The International Convention for the Control and Management of Ships’ Ballast Water is not currently in force, although the Scottish Government would advise all harbour authorities to take it into account in developing or revising their ballast water management policies where applicable.

The Scottish Government does not hold information on which harbour authorities have adopted ballast water management plans as this is a matter for individual authorities to consider and implement if appropriate.

It is unlikely that a harbour authority would be consulted on another authorities plan unless they were directly affected by its introduction or amendment.

During the ferries review, Transport Scotland carried out some basic modelling of RET fares for Orkney Islands Council’s, and Shetland Islands Council’s, inter-island ferry services.

As set out in Scotland’s Future, Scotland will inherit the prevailing UK tax code at the point of independence, including tax rates, reliefs and allowances. These will remain in place until changes are made by future Scottish Governments.

The consenting process for oil transfer licences made under the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 as amended is currently the responsibility of the UK Secretary of State for Transport. Scottish Ministers have repeatedly called for these powers to be devolved to Scotland.

Scottish Ministers have responsibilities for marine planning and marine nature conservation in Scotland including implementation of the EU Habitats Directive and all public bodies have responsibilities to comply with the EU Habitats Directive when considering licence applications and other approvals.

Scottish Natural Heritage is the statutory nature conservation body in Scotland and its responsibilities include advising ministers and public bodies of potential impacts on Special Areas of Conservation designated under the EU Habitats Directive. Scottish Natural Heritage is listed as one of the possible consultation bodies in the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010, as amended.

The Scottish Environment Protection Agency has a duty under the Water Framework Directive to protect the quality of water bodies and avoid any deterioration in status including that which may arise through the increased risk of introduction of invasive non-native species, as could arise from activities and ship-to-ship transfers. The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010, as amended, do not include any specific legal duties for the Scottish Environment Protection Agency in relation to the Secretary of State’s consideration of an application for an oil transfer licence but we understand the regulations include discretion, on the part of the UK Secretary of State, when considering an oil transfer licence, to seek the views of any other body that the Secretary of State considers to have an interest or to require a harbour authority to consult that body. Clearly, on behalf of Scottish Ministers, our regulatory agencies, would have an interest in such matters and are recognised as “consultation bodies”.

I refer the member to the answer to question S4W-21881 on 16 July 2014. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx

Scottish Ministers and their officials have to date had no discussions with the European Commission on Orkney Islands Council’s revised Ballast Water Management Policy.

Orkney Islands Council approved a revised Ballast Water Management Policy for Scapa Flow on 10 December 2013. Scottish Natural Heritage, the Scottish Environment Protection Agency and stakeholders have expressed concerns about the proposals and the need to ensure compliance with European legal requirements. In view of these concerns and Scottish Ministers’ statutory responsibilities, my officials have been reviewing the council’s appropriate assessment to determine whether we are satisfied that the proposals are compliant and, if not, whether or not there is a need to use statutory powers available to ministers in the regulations implementing the EU Habitats Directive.