Chamber and committees

The aim of the Stakeholder AdvisoryGroup (SAGE) on ELF (extremely low frequency) and EMF (electric magnetic fields)process is to allow stakeholders to consider implications of a precautionary approachto power frequency electric and magnetic fields and make practical recommendationsfor precautionary measures. The Scottish Executive representative has offered factualadvice to the SAGE group on issues relevant to developments in Scotland.

The Scottish Executive representativeon the Stakeholder Advisory Group (SAGE) on ELF (extremely low frequency) and EMF(electric magnetic fields) is a Senior Scientific Adviser to the Scottish ExecutiveHealth Department.

The Scottish Executive is representedon the Stakeholder Advisory Group (SAGE) on ELF (extremely low frequency) and EMF(electric magnetic fields) by a Senior Scientific Adviser from the Scottish ExecutiveHealth Department. He attends meetings of the main SAGE Group which are held atapproximately six month intervals.

The Scottish Executive iscurrently considering how it shall respond to the European Green Paper onMaritime Policy and is doing so in close co-operation with the UK Government. Engagingwith stakeholders is vital in allowing the Scottish Executive to take aninformed position on this green paper. Given the wide ranging scope of this greenpaper Executive officials are currently liaising with a number of stakeholdersacross a range of policy areas.

EU Commissioner Borg(Fisheries and Maritime) visited Aberdeen, Shetland and Stornoway earlier this month. Iaccompanied the Commissioner during this visit and we engaged with a variety ofstakeholders. The maritime green paper was the subject of discussion at theUKOOA Annual Energy Breakfast and a formal dinner in Shetland as part of thisvisit.

Finally, the Executive isworking closely and providing assistance to the European and External RelationsCommittee in its preparations for a stakeholder event on this green paper on 4 December 2006.

A list of those EU directivesin respect of which infraction proceedings are in progress against the ScottishExecutive for which European Commission has issued a reasoned opinion, has beenplaced in the Scottish Parliament Information Centre (Bib. number 40708). In accordancewith normal practice, details of infraction cases are not made available until theyreach this stage in the process.

The Scottish Executive holdsfrequent meetings at a Ministerial and official level with governmental counterpartsin Bavaria, North Rhine-Westphalia, Catalonia and Tuscany. Discussions focus on furthering specific activity under the action plans that underpinthe Co-operation Agreements with our fourpartner regions.

The Scottish Executive has avery close working relationship with the UK Government on the European marine strategyand the associated proposed Directive, with frequent contacts and discussions betweenofficials and ministers as appropriate. Officials from the Scottish Executive’sMarine Group have attended two of the relevant European Council Working Group discussionsin Brussels and representatives for the Scottish Executive’s EU Office in Brusselshave attended a further two such meetings. The Scottish Executive shares the UKGovernment’s stance on both the marine strategy and the proposed Directive, whichis to be generally supportive of the overall objectives of both but to seek greaterclarity about the terms, and more analysis of costs and benefits, of the latter.

There have been no discussionsbetween the Scottish Executive and the UK Government about further devolution withinthe context of the European Commissions marine strategy and proposed Directive.

I refer the member to the answer to question S2W-27599 on 24 August 2006. All answers to written parliamentary questions are available on the Parliament’swebsite, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

Dredging operationsin the Firth of Forth are not subject to review under the Conservation (NaturalHabitats &c) Regulations 1994. As a matter of law, only plans or projects coveredby regulations 53 – 85 of the Regulations are subject to the specific obligationsat regulation 50. However, regulation 3(4)of those Regulations requires every competent authority, in the exercise of itsfunctions, to have regard to the requirements of the Habitats Directive (92/42/EEC)so far as they may be affected by those functions. Competent authorities are thereforeobliged to comply with the procedures and requirements specified in Article 6 of the Directive, whether or not they are also bound by other obligations.

Accordingly no competent authoritymay agree to a plan or project unless it has ascertained that (a) the plan or projectwill have no significant effect on a European site, or that (b) the integrity of the site will not be adversely affected, or that (c) site integrity will be adverselyaffected but that there is no alternative solution and the plan or project mustbe carried out for imperative reasons of overriding public interest. This legalobligation, and the associated procedural requirements, apply irrespective of whetherthe competent authority is operating under Regulation 3(4) or Regulations 53A to85.

Forth Ports plc, as statutoryharbour authority under the Forth Ports Authority Order Confirmation Act 1969, isthe main organisation carrying out dredging operations in the Firth of Forth. Incertain cases, e.g. when dredging within 50 yards of a bridge, pipe, submarine cableetc, Forth Ports is obliged to provide interested organisations with no less than28 days written notice of its intention to do so. If such operations involve thesea disposal of dredge material then a licence is also required under Part II of the Food and Environment Protection Act 1985 (Deposits in the Sea) (FEPA). FisheriesResearch Services, Marine Laboratory at Aberdeen (FRS) acts as the FEPA licensingauthority on behalf of the Scottish ministers. While there is no requirement forpublic consultation under FEPA, FRS routinely consults Scottish Natural Heritage,the Scottish Environment Protection Agency and local fishermen via the ScottishFisheries Protection Agency about all applications received.

Information is not held centrallyon the full range of dredging operations undertaken. Depending on the nature of the method used, some dredging operations may not fall under FEPA and so will notcome to the attention of FRS. Such operations are however likely to be very localisedand small in scale.

Over the past three years therehave been 10 routine (maintenance dredging) and two non-routine (capital dredging)licensed operations involving the sea disposal of dredge material within the Firthof Forth. FEPA sea disposal licences are usually issued for a period of one calendaryear. Details of dredge material disposal operations within the Firth of Forth thathave been licensed over the past three years are given in the following table:

Starting Date of Licence	Licensee/ Applicant (if Different)	Place of Production	Licensed -Actual Tonnage	Nature of Dredge Spoil	Disposal Site Name
01-08-2003	Buchanan Laird Ltd/ Forth Ports	Granton Harbour	311,383- 91585	Capital dredgings	Oxcars
10-10-2003	Forth Ports	Grangemouth	1,150,000- 850,309	Maintenance dredgings	Bo’ness
01-02-2004	Forth Ports	Leith	531,750- 47,576	Maintenance dredgings	Narrow Deep
17-05-2004	Forth Ports	Rosyth	130,000- 114,297	Maintenance dredgings	Oxcars
17-08-2004	Fife Council	Anstruther	42,638- 29,434	Maintenance dredgings	Anstruther
10-10-2004	Forth Ports	Grangemouth	1,150,000- 1,139,967	Maintenance dredgings	Bo’ness
01-05-2005	Forth Ports	Leith	425,400- Nil	Maintenance dredgings	Narrow Deep
10-10-2005	Forth Ports plc	Grangemouth	1,150,000- 250,510	Maintenance dredgings	Bo’ness
01-05-2005	Buchanan Laird Ltd/ Forth Ports	Granton	100,000- 86,638	Capital dredgings	Oxcars
17-05-2005	Forth Ports	Rosyth	260,000- 32,988	Maintenance dredgings	Oxcars
28-02-2006	Briggs Marine/ RNAD Crombie	Crombie	3,700- current licence	Maintenance dredgings	Blae Rock
01-04-2006	Royal Forth Yacht Club	Granton	9,999- current licence	Maintenance dredgings	Oxcars

 

In addition, following extensiveconsultation with interested stakeholders, the Crown Estate granted WestminsterGravels Ltd a 10 year Aggregate Production Licence commencing in January 2001 forthe extraction of up to 6,000,000 cubic metres of aggregates from within the “MiddleBank” area of the Firth of Forth. The only material extracted under this licenceto date was in early November 2005 when 129,387 tonnes was removed in order to supplyinfill material for the Leith Western Dock Reclamation Project.