Chamber and committees

Proposals for draft regulations are planned to be published for public consultation in spring 2015. The consultation will set out proposals for the operation of the regulations. The final decision on the enforcement of regulations would take into account responses received through the public consultation process.

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 key financial mechanism that will unlock island grid upgrades is the extension of the Scottish island strike price beyond the first Electricity Market Reform Delivery Plan period, which ends in 2018-19. The UK Department of Energy and Climate Change have the power to make that happen now.

Working together with the island councils, the Scottish Government has argued strongly for the UK Government to recognise the additional support needed to enable the delivery of island renewables projects, given the higher costs they face. As a result of our representations to the Secretary of State for Energy and Climate Change, a delivery forum to facilitate connections between the Scottish islands and the Great Britain transmission grid has been established.

At a meeting of the delivery forum on 26 June 2014, the UK Secretary of State agreed to consider what reassurances could be given regarding the longer term future Scottish island strike price. Progress on the actions agreed will be reported at the next meeting of the delivery forum which is due in September 2014.

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.

Independence will create a more democratic Scotland that will always get the government it votes for and have a strong voice for Scotland’s islands at the heart of government. Island communities already benefit from direct engagement from Scottish Ministers on devolved issues, for example at recent visits by the Scottish Cabinet to the Shetland Islands and the Western Isles, and from a higher level of parliamentary representation with an MSP for each Island local authority area. The Scottish Government’s proposals in ‘Empowering Scotland’s Island Communities’, such as designating a ‘minister for island communities’, protecting the position of island MSPs and bringing forward a bill for an islands Act upon independence, will ensure island communities have full access to ministers on all issues.

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 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.

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”.