Environment, Climate Change and Land Reform Committee

Meeting date: Tuesday, September 20, 2016

Official Report 523KB pdf

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Subordinate Legislation

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Public Appointments and Public Bodies etc (Scotland) Act 2003 (Treatment of Crown Estate Scotland (Interim Management) as Specified Authority) Order 2016 [Draft]

Item 3 is evidence on a draft Scottish statutory instrument. I welcome the cabinet secretary, Roseanna Cunningham; David Mallon, head of the Crown Estate strategy unit; and Douglas Kerr, solicitor at the Scottish Government legal directorate. Would the minister like to speak to the instrument?

Thanks, convener. The officials are here to answer the complicated questions about the technicalities.

The draft order has been laid to ensure that appointments to the interim body, Crown Estate Scotland (interim management), can be regulated by the Commissioner for Ethical Standards in Public Life in Scotland. I wrote to the committee on 30 June, setting out the actions that I was taking to prepare for Scotland taking early control of the management and revenue of the Crown Estate’s assets. In that letter, I proposed that an interim public body be set up to undertake those functions and that the appointments to that body be regulated by the Commissioner for Ethical Standards in Public Life in Scotland.

It is my intention that the new interim body will be established and take up its full powers in April 2017, subject to the UK Government completing the transfer and our Parliament approving the order in council to set up the interim body. In order to have the chair in place six months prior to the body taking on its full functions and in line with the Audit Scotland recommendation on establishing and merging public bodies, I wish to appoint a chair as soon as possible. The chair will be in place to assist in the appointment process for the chief executive and board members prior to the body taking on its functions in April 2017. It is important that the appointment of the first chair and board, which will have full responsibility for setting the agenda for the new interim body, is fully transparent and subject to the high quality of external scrutiny that the commissioner can provide.

To explain what is going on, I will read out the technicalities. It will sound a little bit chicken and egg, but I am afraid that there is no way round that. The addition of Crown Estate Scotland (interim management) to the relevant schedule to the Public Appointments and Public Bodies etc (Scotland) Act 2003 follows recent precedent when new public bodies are set up. To regulate the appointments officially under the 2003 act, the new interim body will be added to the list of regulated bodies by the order in council that will, subject to the will of Parliament, establish the new interim body when it comes into force. Until then, this order will enable a representative from the commissioner’s office to provide assistance during recruitment of the chair by treating the new interim body as if it were listed in the relevant schedule to the 2003 act until such a time as the order in council is in force and the new interim body is fully regulated.

I hope that you all grasped that—I had to read it about three times. It is one of those slightly chicken-and-egg scenarios because of the 2003 act. That is where we are at the moment and why we are doing this in the way in which we are. The order will ensure that getting the people into place can be done under the auspices of what Parliament thinks is the most transparent way of making appointments.

As members have no questions for the cabinet secretary, I want to ask—and perhaps I am getting ahead of myself—about the timeframe for the order that will set up the new body. I gather that there are some difficulties with the UK Government, so how is that progressing?

Obviously, we have to negotiate with the UK Government. The devolution of the Crown Estate has not yet taken place. We anticipate that it will take place at some point before 1 April 2017, but we are entirely dependent on the UK Government to progress that. If that does not happen, I am not entirely sure how we will manage, but that is the plan. Currently, conversations are taking place about some of the financials, because that is part and parcel of the process.

I know that the Treasury’s negotiations have not concluded. I ask David Mallon whether that is the only substantive hold-up at the moment.

12:00  

Yes, we are awaiting a further draft of the transfer scheme from the UK Government. We are told that it will arrive very soon.

The other aspect of the process is the order that is to be laid before the Scottish Parliament that will be the product of the consultation that was launched at the same time as the order that we are considering was laid, and which will provide the regulatory framework for the new interim body. We hope to lay that order before the Scottish Parliament in October.

We discussed the issue—last week, I think—and asked that the committee be kept updated on progress on the issue to do with the UK Government, because we take a considerable interest in the matter.

We are happy to do that. When we know, you will know; currently there are still things that we do not know. We are operating on the basis that everything will go according to the intended timetables and that on 1 April we will have in place the landing pad for the transfer.

At the same time, my officials are getting ready to put out a consultation on longer-term plans for the Crown Estate. We have committed to looking at communities and further devolution, so, alongside the process that we are talking about, there will be a consultation on that, which will require primary legislation in this Parliament. Such primary legislation cannot be introduced until after devolution has taken place.

If there are no further questions from members, we move to item 4 and consideration of the motion. I invite the cabinet secretary to move motion S5M-01328.

Motion moved,

That the Environment, Climate Change and Land Reform Committee recommends that the Public Appointments and Public Bodies etc (Scotland) Act 2003 (Treatment of Crown Estate Scotland (Interim Management) as Specified Authority) Order 2016 [draft] be approved.—[Roseanna Cunningham]

Motion agreed to.

The committee’s report will confirm the outcome of our consideration of the motion. Are members content to delegate to me the signing off of the report?

Members indicated agreement.

I thank the cabinet secretary and her officials for their brief—and delayed—appearance before the committee.

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Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2016 (SSI 2016/251)

Item 5 is consideration of a negative instrument. I refer members to paper ECCLR/S5/16/5/4 and invite comments.

I welcome the order and the marine protected area in Loch Ryan, which is in the region that I look after. However, I will seek clarification from the Government on the potential impact of protected area designation on the current harbour regeneration at Stranraer east pier.

If there are no further comments, does the committee agree that it does not want to make any recommendation in relation to the order?

Members indicated agreement.