Subordinate Legislation Committee, 18 Nov 2003

Meeting date: Tuesday, November 18, 2003

Official Report 112KB pdf

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Executive Response

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Nitrate Vulnerable Zones (Grants) (Scotland) Amendment Scheme 2003<br />(SSI 2003/518)

We move now to item 2, which is an Executive response. [Interruption.] We welcome Gordon Jackson to the committee.

Members will recall that we wrote to the Executive, inquiring about the allocation of grants. There was also the principle that the polluter pays, which was established by the European Commission. There was a debate about how those two things sit together.

The Executive's response states that the procedure was gone through in the submission that was made to the Commission for state aid. Notification was made about state aid—if that is the correct terminology—therefore the Executive feels that there is no issue. We must remember our position as a devolved Parliament, so any powers that we have in this regard are very limited.

On a non-legalistic point, it is easy to say that the polluter should pay, but that is only clear if the definition of pollution is absolute. It is not absolute, however; it changes from time to time. That was particularly the case when some of the previous orders on nitrate vulnerable zones went through. There was considerable debate—I participated in one such debate at the Transport and the Environment Committee early this year—about whether certain areas should be included as nitrate vulnerable zones, and considerable dispute over whether the measurements justified the inclusion of certain areas.

There is a strong political argument that we should allocate aid if it is available and if it is not ultra vires to do so in order to meet the relevant requirements. I know that that does not affect the Subordinate Legislation Committee, but it might colour people's judgment if it is not possible for both regulations to apply. As often happens, we have to have either one or the other.

I recommend that we pass to the lead committee and the Parliament the Executive's response to our question, in which we raised what we thought was an important point. It would appear from the answer, however, that the necessary work has been undertaken. Is that agreed?

Members indicated agreement.