Seòmar agus comataidhean

Deep sea mining refers to the exploration for - or extraction of - minerals from the seabed at depths greater than 200 metres. Most of Scotland’s waters of this depth or greater fall within existing Marine Protected Areas (MPAs). Current Joint Nature Conservation Committee (JNCC) conservation and management advice for the West of Scotland MPA, which covers the majority of Scotland’s deep waters and seamounts, advises against seabed mining in such waters.

In 2019 the Scottish Government finalised its policy position of ‘no support’ for Unconventional oil and gas development: our position - gov.scot (www.gov.scot) unconventional oil and gas (UOG) development in Scotland. This policy position relates to onshore unconventional oil and gas development. This means development connected to the onshore exploration, appraisal or production of coal bed methane or shale oil or shale gas using unconventional oil and gas extraction techniques, including hydraulic fracturing and dewatering for coal bed methane.

As yet, the Scottish Ministers have not received any marine licence applications for deep sea mining in Scotland’s inshore or offshore waters. All marine licence applications are considered on a case-by-case basis. Any licensing application relating to seabed mining within Scotland’s seas would be subject to the licensing requirements set out in the Marine (Scotland) Act 2010 for inshore waters (between 0 and 12 nautical miles), and the UK Marine and Coastal Access Act 2009 for offshore waters (beyond 12 nm). Statutory environmental assessment requirements and policies set out in Scotland’s existing National Marine Plan would have to be factored into any potential licensing request and considered on the best available evidence.

Scotland’s National Marine Plan 2015 states that decision makers should ensure all the necessary environmental issues are considered, and safeguards are in place when determining whether any proposed marine aggregate dredging is considered to be environmentally acceptable. Any licensing request relating to seabed mining in Scotland’s seas would be subject to this policy.

The approach to the transport sector is consistent with other sectors in the Climate Change Plan (update) (CCPu) Securing a green recovery on a path to net zero: climate change plan 2018–2032 - update - gov.scot (www.gov.scot) which outlines a sectoral approach to meeting emission targets, it also recognises clear synergies and interdependencies across sectors. Part 2 of the CCP(u) outlines this coordinated approach, with specific reference to transport demand.

A key element of the Climate Change Plan update was the presentation of emissions envelopes for each sector annually over the period 2020 to 2032 and this includes the emissions envelope for the transport sector.

Our Net Zero Assessment aims to assist Ministers to make better informed decisions on budgets and policies by providing information on impacts on carbon emissions. Following completion of the current pilot within Scottish Government, it intends to roll the pilot out across all significant new Scottish Government expenditure decisions from the beginning of 2025.

Consistent with other sectors, transport sector policies and proposals will be included within the next Climate Change Plan covering the period of 2026-2040. The Climate Change (Emissions Reduction Targets) (Scotland) Bill, which was laid in Parliament on 5 September, seeks to amend the current deadline to bring forward a draft of the next Climate Change Plan for Scotland, so the Plan can align with the timescale for carbon budgets.

Where an Environmental Impact Assessment (EIA) is required, this must include a description of the relevant aspects of the current state of the environment and an outline of the likely evolution thereof without implementation of the project, as far as natural changes from the baseline scenario can be assessed with reasonable effort, on the basis of the availability of environmental information and scientific knowledge. Where an EIA Report is considered to contain insufficient information it is open to the decision-maker to request further environmental information.

Scotland's International Strategy - gov.scot (www.gov.scot) was launched in January 2024, building on the work of the Scottish Government’s Scotland's Global Affairs Framework - gov.scot (www.gov.scot).

The International Strategy demonstrates the outcomes Scottish Government will achieve through international engagement for the remainder of this parliamentary term, within the current constitutional context. It acknowledges the need for the Scottish Government to deepen ties with key partners and increase economic opportunities to advance domestic policy including our commitment to reduce carbon emissions.

This includes showcasing Scotland’s high ambition and expertise on net zero and continuing to promote Scotland’s climate and environment work internationally, as climate change, biodiversity and renewable energy is one of the three priority areas identified in the Strategy. Our International Trade and Investment Plans, alongside our recently published Green Industrial Strategy, have a clear focus on net zero and are delivering renewable export opportunities and attracting high quality inward investment projects to support and strengthen our expertise and associated renewable supply chains. In addition, we will focus on the Just Transition and Scotland’s strengths and expertise in areas such as onshore and offshore wind, Carbon Capture Usage and Storage (CCUS) and hydrogen and be ambitious in our commitment to decarbonise heat and transport.

The Scottish Government will report on its progress towards these objectives in the 2024-25 International Strategy Annual Report.

Any form of human trafficking or exploitation is completely unacceptable. Police Scotland’s specialist National Human Trafficking Unit continues to work closely with partners across the UK and internationally to tackle human trafficking. This includes the International Trade Workers Federation, Home Office, and HM Maritime and Coastguard Agency. The Scottish Government has consistently opposed the inappropriate use of transit visas as means of accessing non-UK labour in the fishing industry, and reports of migrant labour exploitation within the sector are concerning. The Scottish Government does not support an immigration system which increases the risks for forced labour and exploitation of migrant workers. Sector specific concessions and visa routes are only temporary fixes adding unnecessary complexity to the immigration system. The Scottish Government wrote to the previous UK Government last year, outlining concerns regarding the immigration system’s poor suitability in addressing skills shortages within the fishing industry. We will continue engaging with the new UK Government on the need for a fair immigration system that meets Scotland’s unique economic and demographic circumstances.

Any form of human trafficking or exploitation is completely unacceptable. Police Scotland’s National Human Trafficking Unit (NHTU) continues to work closely with partners to monitor the threat, risk and harm posed by those exploiting vulnerable workers in the fishing sector. Police Scotland have collaborated with other law enforcement partners to target those responsible for Modern Slavery in the fishing industry, with several companies subject to both criminal proceedings and also Trafficking Exploitation and Risk Orders (TERO). The first Order of this kind in Scotland related to an investigation in the fishing industry, which is closely monitored by Police Scotland to ensure compliance, mitigate risk and prevent further exploitation. Between 2022 and 2025 we have allocated £480k to the charity Justice and Care who provide specialist Victim Navigators to work alongside the NHTU. Navigators play a vital role in focusing on the victims of human trafficking operations investigations, and are able to offer strategic advice to police officers. This enables our law enforcement organisations to focus on bringing perpetrators to justice in the knowledge that immediate victim support is available. A current fishing industry police investigation is on-going, led by the NHTU, and the services of Victim Navigators are being utilised to fully support the victims.

The Scottish Government does not have a procedure in place to report collisions between its Marine Protection Vessels and cetaceans, basking sharks and other marine mammals. There have been no known incidences of collisions and so no procedure has been developed. Should an incident occur, our crews would assist where possible and report to the British Divers Marine Life Rescue and the Maritime and Coastguard Agency, both of which crews have worked with before to assist stranded cetaceans.

Section 25 of the UK Fisheries Act 2020 obliges the Scottish Government (and other UK national fisheries authorities) to utilise objective and transparent criteria related to social, environmental and economic factors when allocating quota. It also requires that national fisheries authorities seek to incentivise the use of selective fishing gear and the use of fishing techniques that have a reduced impact on the environment.

The Fair Work First policy applies fair work criteria to grants, other funding and public contracts awarded by and across the public sector. In distributing fishing quota, the Scottish Government is not making an award of a grant, contract or other funding, so this policy is not a direct consideration.

In our recent consultation on the allocation of Additional Quota, we sought views on crew welfare as a criterion for distributing quota. In the consultation outcome report we recognise that the ILO188 Work in Fishing Convention, enforced by the Maritime and Coastguard Agency, is the appropriate framework for monitoring crew welfare.

All Scottish quota is issued in line with the requirements of the UK Fisheries Act 2020.

On 7 June 2024, the Scottish Government published the outcome of its consultation on the allocation of Additional Quota. Additional Quota is the extra quota the UK receives following EU exit.

As part of Scotland’s Fisheries Management Strategy 2020-2030, the Scottish Government committed to the maintenance of FQA system as the primary method of allocating Exiting Quota (the UK’s established share of quota prior to leaving the EU) following stakeholder feedback.

Since 2020 Marine Directorate have issued thirty Fixed Penalty Notices (FPNs) totalling £95,000 in relation to suspected fishing in restricted areas where the fishing method involved was prohibited. Of those thirty incidents, four were specifically within Marine Protected Areas which are protected by a Scottish Statutory Instrument implemented under powers provided by the Marine (Scotland) Act 2010 and/or the Inshore Fishing (Scotland) Act 1984.

Fines totalling £20,000 were issued for these four cases, one of which was paid and no further action taken. The remaining three cases, following non-payment, were subsequently reported to Crown Office and Procurator Fiscal Service (COPFS) for consideration of prosecution. Two of these cases were convicted in court and fined £2,000 and £5,000 respectively. The third case has recently been submitted to COPFS and has not as of yet proceeded to trial.

In addition to these four cases where Fixed Penalty Notices were issued by Marine Directorate, One further case was not offered an FPN and was referred directly to the Procurator Fiscal resulting in a conviction and fine of £2,075.