Subordinate Legislation
Scotland Act 1998 (River Tweed) Order 2006 (Draft)
Agenda item 5 is the draft Scotland Act 1998 (River Tweed) Order 2006, which is an affirmative instrument. The Parliament must approve the draft order before it can be formally made. A motion in the name of Ross Finnie, the Minister for Environment and Rural Development, invites the committee to recommend to Parliament that the draft instrument be approved. Rhona Brankin, the Deputy Minister for Environment and Rural Development, will move the motion and I welcome her and her officials to the meeting.
The Subordinate Legislation Committee has considered the instrument and had no comment to make. Before we come to the debate on the motion—for which, under parliamentary rules, we may take 90 minutes—we will have a discussion to give members a chance to ask for explanation of details and clarification of technical matters. The officials may participate in the discussion but not in the formal debate once the motion has been moved.
I invite the minister to introduce her officials and to make some opening remarks.
I am accompanied by Manson Wright, David Ford and Patrick Layden from the Scottish Executive who, as the convener has pointed out, will be able to answer any technical questions or questions of detail.
The Scotland Act 1998 (River Tweed) Order 2006 is subject to affirmative procedure in both the United Kingdom Parliament and the Scottish Parliament. As the committee is aware, section 111(1) of the Scotland Act 1998 provides that:
"Her Majesty may by Order in Council make provision for or in connection with the conservation, management and exploitation of salmon, trout, eels and freshwater fish in the Border rivers."
Those rivers are the River Tweed and the River Esk. It makes sense for salmon and freshwater fisheries legislation to cover an entire river system, irrespective of any border that might bisect the catchment.
After recommendations from the Scottish Law Commission, the salmon and freshwater fisheries legislation in Scotland was consolidated under the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003. The act covers all of Scotland except the parts of the Tweed and Esk catchments that lie in Scotland.
The lower reaches of the Tweed, and some of its major tributaries, lie in England. Historically, the salmon and freshwater fisheries legislation that is in force for the Tweed, including the parts of it that lie in England—notably the Tweed Fisheries Act 1857 and the Tweed Fisheries Act 1969—has been Scots law. The Scottish Executive Environment and Rural Affairs Department and the River Tweed Council, which is currently charged with the management of fisheries in the River Tweed, agree that a similar situation should be retained. The River Esk catchment area is governed by English law.
The order's objective is to retain what is, in effect, Scottish legislation in relation to salmon and freshwater fisheries conservation, management and exploitation in the River Tweed catchment area. Because the order is not a consolidation exercise, the opportunity has been taken to review the 1857 and 1969 acts to update, amend and—where necessary—repeal certain provisions, to ensure clarity and correspondence with Scots law.
The order restates the current legislative position, although it has been drafted to ensure greater clarity. Changes have been made to the administration of salmon and freshwater fisheries management in the Tweed, including election and operating rules for the River Tweed commission; definitions of the limits of the Tweed district and estuary; methods of fishing, and offences relating to unauthorised fishing; enforcement of legislation; and provisions for making, varying and revoking instruments as necessary.
The order will remove the River Tweed Council as an entity and replace it with the River Tweed commission. Although the commission will be a new body, many of its practices and procedures will simply reflect the existing practices and procedures, which have been operating effectively for more than 30 years. There is therefore no need to detail the procedures in the order.
Is a similar piece of legislation that says that we can do all this going through Westminster at the same time that we are saying that this is what we are going to do in Westminster's patch?
Yes.
As there seem to be no further questions, we will move to the formal debate. Minister, before moving the motion, do you wish to add to what you have already said?
No. I am happy just to move the motion.
I move,
That the Environment and Rural Development Committee recommends that the draft Scotland Act 1998 (River Tweed) Order 2006 be approved.
Committee members do not seem to wish to contribute to the debate. I think that we all presume that the order will be welcomed because it sets up a new framework for the management of the River Tweed and enables all the key interests to be involved in the process. I take that to be the broad view of the committee.
I think there is no need to ask the deputy minister whether she wishes to wind up the debate.
Motion agreed to.
That the Environment and Rural Development Committee recommends that the draft Scotland Act 1998 (River Tweed) Order 2006 be approved.
I thank the deputy minister and her officials. We now move into private session to continue our discussion on our stage 1 report on the Crofting Reform etc Bill.
Meeting continued in private until 13:00.