Marine (Scotland) Bill
The next item of business is a debate on motion S3M-5559, in the name of Richard Lochhead, on the Marine (Scotland) Bill.
I am delighted to open the debate on Scotland's first ever marine bill. This is truly a historic day for Scotland, our seas and the people of Scotland who want our seas to be protected and managed properly for future generations.
Scotland's first marine bill is crucial legislation that is designed to protect and enhance our world-class marine area. We are all well aware of the importance of Scotland's spectacular seas—our dolphins, basking sharks, coral reefs and seabirds, such as puffins, are already internationally renowned and acknowledged. I have already taken action this year to ban the barbaric practice of shark finning in Scottish waters, in order to provide more protection for that endangered species.
Much of what we do is underpinned by Scotland's fantastic marine science resource and the bill will also be underpinned by that expertise. The marine protected areas will be driven by science and they will now also take into account, and where appropriate have regard to, socioeconomic factors. We have a proud history in marine science. More than 100 years ago, Scotland was the world leader in oceanographic and marine research. The marine laboratory at Aberdeen, which is now a core part of Marine Scotland, has records that go back more than 100 years. As we move forward, science will become even more important.
Let us not forget that the nation of Scotland has a history that is intimately connected to the sea. The seas have played a huge role in defining who we are as Scots and how we view the world. Our spectacular, resource-rich seas have shaped our nation. They have driven both our economy and social change, from the rise of the city of Glasgow and shipbuilding, through to Peterhead, one of Europe's major white-fish ports, and the oil and gas capital of Aberdeen.
Our island communities are shaped and largely defined by their relationship with our marine environment. Our island representatives in the Parliament are particularly well aware that the marine environment is the life blood of many communities in Scotland. From the largest communities to the single crofter on the shores of a loch, Scots interact with the seas on a daily basis.
Of course, new times require new approaches to harness the tremendous potential of our seas while delivering protection and enhancement. In a routine survey of the dredge-spoil disposal site in the Sound of Canna, Marine Scotland recently discovered and took video footage of dozens of fanshells. Fanshells are Scotland's biggest shells; they grow to about 0.5m. In this case, they were found at depths of 175m. That discovery massively expands the known population of that amazing species. The previous estimate of the live population around the United Kingdom was 14, of which three were in Scotland. Fanshells are amazing creatures that filter and improve the water in the sea areas where they live. I intend that those fanshells, and the other fantastic and unique species and habitats in our waters should be protected, and that they should benefit from the Marine (Scotland) Bill, which I hope we will pass this afternoon.
The bill delivers a step change in our approach to the marine environment. It delivers enhanced protection, ensuring that the marine environment will be safe for our children, their children and generations beyond. The bill ensures that we have the tools safely to exploit the full resource potential of the seas. The renewables industry is a case in point. The bill provides us with the tools potentially to deliver 12GW from Scotland's seas by 2020, taking into account the offshore wind, wave and tidal projects that are proposed. Development on that scale would well exceed Scotland's renewable energy target of 50 per cent of electricity demand by 2020. That is one way in which our seas are helping Scotland and the world to tackle climate change.
The bill heralds a new era for Scotland's marine environment. It is trail blazing. In time, the passing of the bill will prove to be one of the Parliament's proudest moments. It has been possible only because of the effort and contributions of so many people and organisations. There was a huge response to the consultation. We have held workshops and meetings with stakeholders over the past couple of years that have allowed us to listen and learn from those with an interest in and expert knowledge of the marine environment. As well as the major organisational stakeholders—Scottish Environment LINK and the Scottish Fishermen's Federation to name but two—there has been a major input from thousands of Scots, who have wanted to make their views known on the future of Scotland's marine environment. Every sector and age group has engaged throughout the process. Letters about the bill came to the Government from primary school pupils in Ullapool. I worked with the Scottish Wildlife Trust, which worked with those children and wrote to us about its concerns and aspirations for Scotland's marine environment.
Turning to the Parliament, I thank members of the Finance Committee, the Subordinate Legislation Committee and, in particular, the Rural Affairs and Environment Committee. The bill has benefited from the detailed interest and scrutiny of that committee's members, and we have a stronger and better bill as a result of the parliamentary process.
I put on record our thanks to the committee clerks, who have worked extremely hard to support the committees' work. I thank my officials, who have been up many an evening burning the midnight oil to ensure that the Scottish Government continued to work closely with Parliament and with others with an interest in the bill to make it a bill of which the Parliament can be proud.
The bill reflects the aspirations of the people of Scotland and members of the Parliament. Scotland's first ever marine bill is the start of a journey, a journey that will bring prosperity to Scotland and protect our wonderful marine environment. The bill allows the development of a national marine plan and the setting up of Scottish marine regions. The national marine plan will be a key document in setting out our aspirations for Scotland's seas. The marine regions will be key to involving stakeholders all around our coasts in the future of the seas. Marine planning will provide better information and greater certainty on which to base investment decisions, and the new statutory marine planning system will ensure sustainable economic growth in the seas around Scotland.
The bill provides vital tools to protect and conserve our marine flora and fauna and historic assets, allowing the designation of marine protected areas. We will work closely with Scottish Natural Heritage and the Joint Nature Conservation Committee to develop the MPA network, and we will involve stakeholders closely in that project.
We will also develop a new licensing and reporting system for seals, and we will improve their protection. I have heard a lot said about what the bill does for seal protection, and there have been many misunderstandings. Let us all be clear: the bill is a major step forward in protecting our seal populations and it provides a system that is fit for the 21st century and which will help us to conserve our iconic seal species.
Robin Harper made a point about haul-out sites, which Elaine Murray picked up on when summing up on the group of amendments in question. Elaine Murray referred to the possibility of guidance being issued, either by the cabinet secretary or by the planning minister, so as to minimise the number of occasions on which there might be a conflict between a haul-out site and a fish farm. The cabinet secretary was able to nod in agreement with that, but I give him the opportunity to put it on the record now that he will consider the issue and that he will potentially issue guidance.
I am happy to put it on record that we will work with all the relevant authorities to ensure that appropriate guidance is in place on the identification of haul-out sites of our iconic seal populations around Scotland's coasts.
The bill will make it easier for Scotland to address climate change and develop the huge renewable energy potential in our seas. It will deliver faster economic growth while ensuring that the seas continue to provide services for future generations of Scots. It will also help us to care for and safeguard the interests of what lies beneath the waves in our precious marine environment.
For the purposes of rule 9.11 of the standing orders of the Scottish Parliament, I advise the Parliament that Her Majesty, having been informed of the purport of the Marine (Scotland) Bill, has consented to place her prerogative and interests, in so far as they are affected by the bill, at the disposal of the Parliament, for the purposes of the bill. I am delighted to move,
That the Parliament agrees that the Marine (Scotland) Bill be passed.
The Marine (Scotland) Bill is vital and its significance should not be underestimated. The marine area is essential to biodiversity, to food supply, to energy generation and to sequestering carbon—the seas dissolve CO2, so they are an extremely important carbon sink. It is no exaggeration to say that the health of the marine environment is essential to the future of our planet. It is our duty to ensure that future generations inherit a marine environment that is biodiverse, that continues to supply healthy local food, whose power can be harnessed to supply renewable energy, and which continues to act as a carbon sink—if it is to do that, its temperature and pH must be retained.
It is a great pity that the most recent exposé in the saga of our Westminster colleagues' expenses will doubtless ensure that the media today pay little attention to the passage of the bill. It is unfortunate that the repercussions of the shenanigans of a few Westminster MPs are much more interesting to the national media than the passage of important legislation in the Scottish Parliament.
I thank everyone who was involved in the evolution of the bill, from drafting and scrutiny to amendment. That includes the cabinet secretary and his bill team, as well as his predecessor ministers Sarah Boyack and Rhona Brankin, who worked on defining the scope of the bill. Thanks are due, as ever, to the Rural Affairs and Environment Committee clerks, who worked beyond the call of duty on hundreds of amendments and what must have been about 16 hours of stage 1 consideration.
On behalf of Labour members, I also thank the witnesses and representative organisations who submitted evidence. I also thank Scottish Environment LINK, the Scottish Fishermen's Federation, the Scottish Salmon Producers Organisation, Advocates for Animals, Scottish Renewables, ScottishPower Renewables, the Convention of Scottish Local Authorities and the bill team, who all made efforts to meet me and colleagues prior to stage 3 to discuss our amendments. I am grateful to them for that.
In the course of the bill's progress through Parliament we have made considerable improvements to what was already a good bill. That is not to say that every consultee or contributor will have achieved everything that they wanted to achieve. That would not be possible. Marine planning partnership will necessarily mean compromise. It will be necessary to understand partners' concerns and aspirations. There are many and varied interests in the marine environment and the challenges of working in partnership will remain when the bill is on the statute book. Nevertheless, I have been encouraged by the way in which the bill progressed, which bodes well for marine partnership working. The vast majority of contributors to the scrutiny process approached the issues in a spirit of consensus and partnership. I hope that such an attitude will be replicated when the regional marine planning partnerships are established, because it is essential to the successful implementation of the bill.
I am pleased that marine planning partnerships will not be able to consist of a single public authority and must at least include a representative of the Scottish ministers, as a result of my amendment 24. I remain sorry that the intention behind my amendments 41 and 22 was misunderstood, particularly by Tavish Scott, and I suspect that John Scott and I will be proved right in time, as joint fish farming and renewables projects are rolled out. Of course, there can still be amendment in that regard, if necessary.
I am very pleased that amendments in the names of Peter Peacock and Liam McArthur on climate change adaptation and mitigation were agreed to, because they have strengthened the bill. I am pleased that amendments that I and Peter Peacock lodged on the protection and enhancement of the marine area and the linking of planning and marine protection in regional plans were agreed to.
I am also delighted by the progress that has been made on the welfare of seals. I know that those who lobbied us to prevent any killing or taking of seals will be disappointed, but we have come a long way from the current situation, in which seals can be used almost as target practice. When the bill is enacted, the killing and taking of seals will be permitted only as a last resort, when all other forms of deterrent do not work. Moreover, any seal licence will contain strict conditions to minimise suffering should a seal have to be taken or killed. Peter Peacock reiterated my request to the cabinet secretary that guidance on the siting of fish farms should be supplied to planning authorities, and I am pleased that the cabinet secretary will consider that.
The bill came to the Rural Affairs and Environment Committee last summer, and following its passage has been an interesting experience, which has included a number of visits to different parts of the country. I am lucky to live near the banks of the Solway, which is an extremely important marine area. As the Presiding Officer knows, it is well known for its habitats, wildlife, recreation, angling, fishing and potential renewable energy. The Solway Firth Partnership has provided one model for the way in which marine planning partnerships can work together. Indeed, it has a good record of working within the Solway Firth area in Scotland as well as across the border with representative organisations in Cumbria. I am pleased that the bill, and the memorandum of understanding with the UK and its bill, will continue to allow that.
I agree with the cabinet secretary that today is one of the Parliament's proudest moments. It ranks alongside the passing of the Climate Change (Scotland) Bill and I find it an honour to have been involved with the Marine (Scotland) Bill.
I begin, like others, by thanking all those who have contributed to the creation of the Marine (Scotland) Bill. In particular, I thank our clerks, who have worked so hard to get us to where we are today. We are also indebted to all those who gave evidence to the committee and the Government prior to the drafting of the bill, and we are particularly grateful to organisations such as the Scottish Fishermen's Federation, the Scottish Salmon Producers Organisation, Advocates for Animals, Scottish Environment LINK, and Scottish Renewables for all their lobbying and input.
Today we have made a bill of which our Parliament can be justifiably proud. The bill seeks to develop marine planning in a sustainable way, as well as to focus where possible and practicable on restoring and enhancing our marine environment. Of course, our fishermen, who have made their living from the seas since time immemorial, and those who will seek to exploit our seas in the future, have to be and have been our primary consideration in the passage of the bill, but those interests now also have properly to take greater account of environmental considerations, and to rebuild and restore our unique marine environment and habitats.
For all who were closely involved in the process, which, I am happy to say, has not been party political, trying to reconcile the needs, aspirations and ambitions of all current and future users of our seas has been a balancing act. Time will tell and history will judge whether we have created a worthwhile bill, but I share the view of the cabinet secretary and Elaine Murray that we have done that. I am certain that what we have delivered is better than what existed before. Marine Scotland now has a huge task ahead of it to implement the bill. An ecosystem approach to the development of national marine plans will take a huge amount of studying and information-gathering, and I wish Marine Scotland well in that task.
We have also dealt specifically with fish-farming and seal protection in section 5, and I hope that we achieved a compromise that allows and encourages the development of aquaculture, while protecting our internationally important seal colonies. My only regret is that the Government did not have the courage of its convictions and transfer planning control for aquaculture to Marine Scotland, and that inconsistency is and will remain a weakness in the bill. I share Elaine Murray's views on that, and her surprise at Tavish Scott's apparent, but memorable, misunderstanding of what was being proposed.
We have sought to look into the future by placing climate change mitigation at the heart of the bill, and it is self-evident that the future health and wellbeing of our seas will depend on how climate change and temperature changes affect all the species contained therein.
We have also sought to make the bill compatible with the Marine and Coastal Access Act 2009, which is important to delivering a consistent UK-wide approach to the use and protection of our seas.
I thank again all those who have helped to create the bill. The Scottish Conservatives look forward to its passing into law.
This day has been a long time coming. Our bill has enjoyed a lengthy gestation, but it is important that it has throughout that period enjoyed widespread support in the Parliament and beyond. Like Elaine Murray, I pay tribute to a colleague—Ross Finnie—who did much to establish the platform and principles that underpin the bill that we are about to pass. I also acknowledge the considerable efforts of the cabinet secretary and his officials in building successfully on that work.
We offer our sincere thanks to all those who gave evidence on the bill. Their expertise, patience and, as Elaine Murray said, willingness to compromise when necessary have been enormously helpful. I acknowledge the efforts of Scottish Environment LINK, Scottish Renewables, the Scottish Fishermen's Federation and Advocates for Animals. I am indebted to the committee clerks and the Scottish Parliament information centre, which rose to the challenge of turning our policy intentions into workable changes to this historic bill. I am also grateful for the good-natured collaboration of committee colleagues.
As I said at stage 1, my interest in the bill is more than academic. Economically, socially, culturally and environmentally—in every way imaginable—Orkney's past, present and future are forged in the seas around our archipelago. For Scotland and the UK, our seas help to define us as nations.
The economic benefits that traditionally derive from sea fisheries, aquaculture and oil and gas; the potential of our renewable energy sector; the growth of wildlife tourism; and submerged archaeology highlight the extent of the resource on our doorstep and the pressures in managing the sometimes competing demands for access to that resource.
The bill will help us to balance those demands when necessary. I very much welcome the duties that ministers and public authorities will have to protect and enhance Scotland's marine environment. In relation to that, I acknowledge the role of Peter Peacock and Elaine Murray in lodging amendments. We have achieved a sensible compromise about the relative importance that is attached to economic, social and climate mitigation considerations.
In the limited time that remains, I will touch on a few issues that emerged in the debate today. I am delighted that attempts to bring responsibility for fish-farm licensing under the control of Marine Scotland were resisted and that my foreboding was misplaced. As I have said throughout the process, the proposed changes were unnecessary and would have introduced a presumption in favour of centralisation, in the interests of administrative neatness. COSLA and a number of people in the industry—notably in Shetland—highlighted the risks of a loss of efficiency, of local accountability and of financial certainty in business planning. Parliament has listened to the evidence and sent a clear signal about our confidence in councils, several of which have invested time and resources in developing expertise in the subject.
I am pleased that members agreed to support moves to establish a framework for what local plans might look like. The provisions do not go as far as I would like, but they will give useful guidance about what is expected to those who are charged with developing marine plans, particularly at the regional level. That will be done in a way that does not compromise the necessary flexibility.
I thank the Government and the other parties for their support for several of my amendments to remove uncertainties and increased risks for our developing renewables industry. Marine renewables could deliver more than 30GW of power from offshore wind, wave and tidal sources in the next decade, so the contribution that they can make to cutting harmful emissions and meeting our energy needs deserves our full support. The sector can also play a major role in conserving our seas and helping to address issues such as acidification.
Likewise, I am grateful to those who supported my calls for attention to be paid to the impact of displacement effects as a result of marine spatial planning. That might not be an exact science, but we now have a framework in which such issues can at least be assessed.
Like others, I think that we have made progress on seal protection, today and at earlier stages, on which I pay tribute to Elaine Murray for her efforts. I acknowledge that some will be disappointed that we did not go further, but I hope that they, like Robin Harper, at least concede that progress has been made. The bill puts in place a licensing regime that makes it clear that taking or shooting a seal is a last resort. The bill will require all non-lethal deterrents to be exhausted and will place strict limits on the conditions in which any seal can be killed. The important reporting requirements will ensure more transparency and—I hope—public confidence.
Through our collective efforts, we have arrived at a bill that meets the aspirations of the many thousands of people who contributed to the various consultations and calls for evidence. The bill demonstrates the benefits of a consistent approach from successive Governments in Scotland and of collaboration between the Governments north and south of the border.
I congratulate the cabinet secretary and his team again and confirm that Scottish Liberal Democrats will of course support the bill at decision time.
We move to the open debate. If members stick to their time limits, we will get everyone in.
I am delighted that the Marine (Scotland) Bill is well on its way to success. Indeed, I might venture to say that nobody examining the bill could accuse the Parliament of being all at sea concerning matters marine. I am sure that I speak for my Scottish National Party colleagues on the Rural Affairs and Environment Committee in acknowledging the considerable debt owed to both the committee clerks and the bill team, who are a patient group of human beings indeed. I will not list all the other organisations that contributed, as Elaine Murray and Liam McArthur have already done that, so let me simply agree with what they said.
I am particularly delighted that the cabinet secretary accepted the need for an ecologically coherent network of marine protected areas and that section 68A now requires Scottish ministers to designate MPAs in such a way as to form a network of conservation sites that contributes to the conservation or improvement of the marine environment in the United Kingdom. The committee has been assured that science will remain the primary consideration when identifying MPAs for inclusion in the network and that socioeconomics will be taken into account only when choosing between locations that would make an equivalent contribution to the network. I believe that that is an important assurance. In the final analysis, if the science is not correct and if the conservation measures are not correct, long-term economic stability will be unobtainable.
For the MPAs to be accepted and for them to work, they must have local support. Those who might be affected need to understand clearly why an area has been designated as an MPA and what activities are prohibited. Such prohibitions should be made on the basis of their conflicting with the aims of the MPA. If fishing or other economic activity does not impact negatively on the aims of the designation, such activities should be permissible. At stage 2, I lodged three amendments to make that clear. I was happy not to press them on the assurance—which the cabinet secretary subsequently confirmed in writing—that the Government would provide guidance on the process of designation and the information to be published with the designation orders and that the information would give an indication of possible damaging activities.
It is vital that MPAs are properly monitored to check whether their objectives are being met. Climate change might well change ecological communities, so it might be necessary to move MPAs in order to achieve their aims. As an example of the impact of global warming, the Sir Alister Hardy Foundation for Ocean Science announced in 2008 that, since 1960, there had been a 70 per cent reduction in the biomass of zooplankton in the north-east Atlantic. The cold water zooplankton Calanus finmarchicus is progressively being replaced by the warmer-water species Calanus helgolandicus. Therefore, I welcome the Government's acceptance of the need to assess the extent to which the stated conservation objectives of any nature conservation MPA have been achieved.
As a result of Peter Peacock's amendment 101, the bill requires that the Government and public bodies
"must act in the way best calculated to further the achievement of sustainable development, including the protection and, where appropriate, enhancement of the health of that area, so far as is consistent with the proper exercise of that function."
The need for enhancement of health is clear when examining the Clyde, which has an appalling history of overexploitation. I have referred to this before, but it bears retelling. The Inshore Fishing (Scotland) Act 1984 repealed most of the remaining protective legislation and allowed fishing by all methods within the 3-mile limit. Since then, there has been a significant decline in biodiversity. Some 20 species of fish are at the point of commercial, if not ecological, extinction. The decision to agree to amendment 101 is a positive step that should ensure that we do not see any other ecosystem collapsing into a monofishery. It will, I hope, foster the recovery of the Clyde.
Having welcomed amendment 101, I remain of the view that, when we consider the health of the sea, we should take into account the resilience of the ecosystem. The word "health" may be ambiguous. Would seas be considered healthy only if there were no economic use—clearly, that would be unacceptable to our many communities that rely on the sea—or only if the economic use were considered "sustainable"? The latter definition may appear appealing, but it has its own problems. Obviously, I would argue that the Clyde estuary is not a healthy ecosystem, but its nephrops fishery is sustainable. Therefore, under the second definition, the Clyde could be regarded as being healthy.
On several occasions, I met officials from the Scottish Government's marine bill team to discuss improvements to the bill. At my last meeting, I suggested a definition of "health" that would incorporate ecosystem resilience. That would not only solve the definition problems that I have discussed but would, in effect, account for chemical alteration of the sea, because the chemical balance of the sea can affect ecosystem resilience.
Wind up, please.
Understood.
I hope that the cabinet secretary will consider that suggestion when he comes to consider the definition of the "health" of the seas.
I am delighted to be able to participate in this, the final stage of the Marine (Scotland) Bill. Its long process, which began in the previous parliamentary session, has now finally come to a conclusion.
The fact that the amended bill is stronger than the one that we began with is down to many people, in both Parliament and civic Scotland. Other members have named them; I simply add my thanks for their advice, information and support in scrutinising and seeking to amend the bill. In particular, I put on record my thanks to the clerks to the Rural Affairs and Environment Committee, especially Peter McGrath and Roz Wheeler, who worked round the clock to ensure that the stage 3 amendments were properly drafted and did what we intended them to do, even if we sometimes did not really know what that was. When I received my final daily list at 1 o'clock in the morning on Saturday, I thought that they had gone above and beyond the call of duty in their provision of support.
Unlike other members of the committee, as MSP for Clydesdale, I represent a constituency that has no coastline—it is probably one of the largest land-locked constituencies in Scotland—so, in many ways, I was at the mercy of those who gave evidence to the committee. That had its advantages, as I was able to consider the evidence and to seek a balance without having any particular constituency interest.
I am pleased that I was able successfully to amend the bill to ensure that present or future ministers can take into account the socioeconomic consequences of the designation of nature conservation MPAs. I believe that the relevant provision gives ministers the necessary flexibility, although I agree that it should be used only in exceptional circumstances—in that regard, I welcome the clarification that the minister gave in his letter to the committee. I am also delighted that even though they argued against the exclusion of fishing from the licensing provisions, SNP members decided, at the 11th hour, to vote with the Labour Party. That conversion is to be welcomed.
There are some issues that I want to draw to the minister's attention and on which he might be able to provide further evidence in his concluding remarks. The first is the transfer of section 36 consent functions from the Scottish Government's energy consents unit to Marine Scotland. It is felt that the expertise that currently exists in the energy consents unit needs to be retained and that, to avoid delays and barriers to renewable developments in the marine environment, clarity on the transitional arrangements would be welcome. On land, it has taken some time for us to build up such expertise and the process has now become a bit quicker. There is concern in the renewables sector that if that expertise is not transferred, we risk making the process slightly longer than is necessary. Perhaps the cabinet secretary could look at that.
The second issue is that of historic MPAs, which I raised during the consideration of amendments. I understand that the Scottish Government seeks to develop an interim spatial plan for the Pentland Firth with a view to facilitating marine renewable developments, and that it wants to work positively with all parties. It would be helpful if, when that marine spatial plan is available, it could be presented to the committee, so that we could be fully informed of all the complex areas relating to its development. In all such matters, a balance needs to be struck between fishing, marine interests, renewables and conservation. It will be helpful for the committee to look at the spatial plan as it develops to assess whether we are getting the balance right. The bill includes a five-year recall clause, so we will be able to assess how it has developed over the five years.
Wind up, please.
Finally, I welcome the progress that has been made on the emotive issue of seals. I think that at stage 3 we have managed to get the balance right and, in time, members will welcome that.
We are about to pass our first Scottish marine bill and it has been a long time in coming. It is not quite the bill that Green ministers would have written—many opportunities have been missed or passed by—but, that said, the bill has been improved by the passing of a number of amendments, including Green amendments, and many positive ministerial commitments have been gained, in the generous spirit that the cabinet secretary promised in his opening remarks.
However, the bill is framework legislation so, just like with the Climate Change (Scotland) Act 2009, the hard work starts after 5 o'clock today, when we begin to put it into action. I congratulate the cabinet secretary on the commitments that he made in his speech, especially his commitment that his approach will be driven by science and scientific evidence. We must invest more in scientific research and ensure that proper funding is available for monitoring and enforcement of the bill's provisions. Without that, the bill will be in danger of failing; with it, the returns on the investment could be tremendous.
There is pressure on all the political parties to make commitments in their manifestos to taking forward the issues after 2011. The momentum must be maintained. All successive Governments must not only conserve our marine environment, but actively enhance it using the full extent of the possibilities that present themselves.
I welcome Bill Wilson's speech and the minister's commitment to the benthic environment. The minister mentioned fanshells. We must recognise that the most important organisms in the marine environment are not the predators at the top of the food chain—dolphins, whales and seals, for example—or even the mid-sea fish; rather, they are phtyoplankton, zooplankton and the thousands of species of bottom-living organisms. There is a prime example of what can happen right on our doorstep: the Forth. The collapse of the Forth oyster fishery is the most spectacular example from our history of what can happen. In 1800, some 30 million oysters a year were harvested; by 1880, the fishery had collapsed. That was entirely due to overfishing. The Forth is just beginning to show a spark of recovery after decades of lying completely fallow. If they are given the right support and protection, ecosystems can recover. The experiences of Lundy island down south and other places around the world, particularly in New Zealand, where no-take zones have been set up, prove that.
I would like the legislation to deliver a programme for the creation of an ecologically coherent network of MPAs, which should be in place within a year. The first of the MPAs should be in place within two years. A plan of enhancement could include a rolling programme of designations, and consideration should be given to the idea that all MPAs should contain at least one no-take zone, however small that may be. After the legislation receives royal assent, there must be robust policing and enforcement of it and the designated areas that it will create, and the potentially positive relationships between environmental protection, harvestable biomass enhancement and marine renewables should be investigated. That has already been mentioned in at least two speeches. Further action should be taken against the random shooting of seals, and advantage should be taken of the huge possibilities that are afforded by the new closed rearing system for salmon farming that is being trialled in Norway. That system is sea lice and seal proof and will obviate the need for any seals at all to be shot. I hope that we employ it in Scotland.
Furthermore, the urgent deployment of the new and effective cetacean-friendly acoustic seal deterrent on all Scottish fish farms should make the shooting of seals a thing of the past. Will the cabinet secretary consider sponsoring that development as soon as possible? Science must guide us and good practice must inform us. That will pay huge dividends even in the short term.
The Marine (Scotland) Bill must be seen as a bill that has been designed to begin to guide us in the long run. I congratulate the cabinet secretary and everybody who has worked on it. What we need now is vision, will and execution. Let us hope that they will all be there.
This is a watershed moment in the management of our marine environment. For too many generations, what was out of sight in a large part of our marine environment was out of mind. That can no longer be the case with the new provisions.
Of course, the bill has highlighted a range of complex issues, complex and competing uses of the sea, and the interaction between those uses, whether they are for industrial purposes, such as oil and gas exploration, shipping cargo, fishing and shellfish growing, or for leisure, such as kayaking, sailing, surfing and diving.
The sea is home to many and varied species, including whales and dolphins, and there is a huge bird population around the Scottish coastline that is vital in European terms. Beneath the waves, there are reefs, corals and vegetation. The cabinet secretary has referred to those in the past and has done so again today. Therefore, the sea is hugely important. Many things compete in it and there are competing interests.
At the heart of the bill is a mechanism for reconciling those competing interests through regional partnerships, regional plans and the national plan. There is still much to do on the boundaries and the precise make-up of organisations, and I look forward to further consultation on those in due course. However, a good, if complex, piece of legislation has been produced and I urge the cabinet secretary to do a lot in the coming months to explain to all the stakeholders in our marine environment what the legislation requires of them. As I say, it is complex, and many people will have a lot to learn.
One of the central provisions in the bill is the ability to create marine protected areas for research, historic or conservation reasons. That is hugely important. Science must be at the heart of that, and research to back up that science must be given a prominent role in the new Marine Scotland activities. I, too, welcome the letter of clarification from the minister on when he will use the new powers that he has in respect of socieconomic matters. That helps to square the circle—if that is the right way to put it—of that particular set of different competing interests. In designating marine protected areas, I make a plea for us to try to take communities with us as far as possible, explaining the purpose of and reasons for MPAs. In particular, we must be sensitive to local people's interest in the management of MPAs.
I am pleased that the bill also contains measures to mitigate climate change, where appropriate, and gives the minister—and future ministers—the power to balance those considerations when thinking about making designations.
At the outset of the bill, it seemed that seals could be a hugely contentious question for all of us. Indeed, they could have been a show stopper for parts of the bill. I pay tribute to the parliamentary process, which has allowed members to interact with the lobbyists around the Parliament. The bill is a good example of how we can reach reconciliation on potentially hugely contentious issues and come out with a much stronger position than we could have imagined at the start. There is a presumption against the shooting of seals, which is right—it should be a last resort when other methods have failed or are not workable. It is now a licensed activity and the conditions of the licences are clearly set out and are tough. For example, the harassment of seals, if not controlled, will be an offence. There is now much tighter control, which should be welcomed.
The bill provides a sound framework, but its implementation will be vital. It is a big task and I wish all those who are involved in it the best.
The Liberal Democrats welcome the Marine (Scotland) Bill, which will create a framework for the management of Scotland's seas. We have had a constructive debate with fairly consensual agreement on the amendments.
In contrast to the well-developed terrestrial planning system in the UK, no framework has existed for planning the use of our seas. Instead, more than 80 different acts of Parliament and regulations have regulated the many different activities in Scottish seas. As a result, marine wildlife has struggled to cope with the pressure of the increasing demands on our seas. In introducing marine spatial planning, the bill will help to protect important wildlife by providing greater certainty about where and how developments should take place. The marine planning provisions are vital, and it is key that the bill provides a clear direction and purpose for the planning system.
During the committee's first evidence session, there was a recognition that the bill was unclear about what marine plans would look like and what they would contain. Of course, there is a desire for flexibility within the planning system; however, the system has needed clarity and more certainty. At stage 2, the cabinet secretary stated:
"A marine plan is not a vehicle for delivering freestanding programmes or a series of actions."—[Official Report, Rural Affairs and Environment Committee, 18 November 2009; c 2124.]
However, section 9 of the Water Environment and Water Services (Scotland) Act 2003 requires the Scottish Environment Protection Agency to prepare a programme of measures to achieve objectives for the purposes of the river basin management plan for a river basin district. In addition, section 27 of the Flood Risk Management (Scotland) Act 2009 requires SEPA to identify other measures.
Nevertheless, the measures are simply tools for achieving plan objectives. We believe that the plan should set out what is going to be done and who is responsible for doing it. The Liberal Democrats' position is, therefore, consistent with the foregoing acts, which provide a clear, simple and flexible outline as to what marine plans should contain as a minimum.
Members will have received hundreds of e-mails on the bill from their constituents, particularly regarding the protection of seals and the enhancement of our Scottish seas. The key for the future of our seas is to have not only protection and conservation, but measures that will develop that natural resource in a sensible way.
The bill has given us an opportunity to strengthen the legal position by placing a duty on Scottish ministers and all relevant public authorities to act in the best way to protect and enhance the health of the Scottish marine area. The cabinet secretary has argued that the duty might require the enhancement of marine health even in pristine areas—the addition of "where appropriate" addresses that. The duty also reflects Scotland's obligations under the marine strategy framework directive in primary legislation.
However, Liberal Democrats do not wish any control to be taken from local decision making by local authorities, as councils have the necessary expertise. That has been made clear this afternoon.
The public has been deeply interested in our deliberations on the bill and, as of 1 February, around 6,500 letters and e-mails had been sent to MSPs in the run-up to stage 3. With amendments, those provided an opportunity to translate into law the unanimous support of the committee, which was reflected by members of all political parties in the stage 1 debate, for the principle of protection and enhancement of the Scottish marine area.
Liberal Democrats broadly welcome the bill in most of its amended form. We believe that it will enhance the marine environment, the health of our seas and the sustainable future of our fishing industry. I look forward to supporting it at decision time.
I am delighted that this long-awaited and extremely important bill has reached the final stages of its passage through Parliament. Following close on the heels of the UK Marine and Coastal Access Act 2009, the Marine (Scotland) Bill continues the process of securing the future wellbeing of the marine environment, which extends from the Scottish coastline to 12 miles beyond.
My involvement with the passage of the bill has been minimal, but I am aware of the enormous effort that has gone into it, not least the effort of the members and clerks of the Rural Affairs and Environment Committee and the many organisations and individuals who have made their opinions known to us and have contributed to the various stages of the bill's progress through Parliament. All who have been involved are to be commended for bringing the bill to the point at which it can finally be approved by Parliament, undoubtedly strengthened and improved by the parliamentary process. Hopefully, once the bill becomes part of the law of the land, it will prove to be fit for purpose and will result in the development of a sustainable future for our marine environment.
There are many competing demands on our seas. As indicated in the policy memorandum, it has become important to find a means of managing the growing and competing demands for marine resources in order to maximise economic growth within sustainable environmental limits.
Scotland's marine environment is world class, but it is at risk of overexploitation, and the legislation that governs the competing activities has become overly complex and fragmented, so my party welcomes the Marine (Scotland) Bill, which should simplify legislation and reduce bureaucracy.
For a long time, the Conservatives have supported calls for an overarching strategic spatial plan for the marine environment and for the establishment of a devolved marine management organisation for Scottish waters, hence our support for Marine Scotland as a means of enabling the implementation of the provisions that are proposed in the bill.
If the diverse activities in the marine environment are to given fair treatment, marine planning is essential. Likewise, a network of protected areas will be essential to the conservation of marine biodiversity.
As the Wildlife Trusts' excellent "Living Seas" document indicates, after centuries of taking the sea's riches for granted and taking too much with too little care, the forthcoming Scottish legislation, coupled with the UK Marine and Coastal Access Act 2009 and the Northern Ireland legislation that should follow in 2012, presents an unprecedented opportunity to bring back our living seas, dramatically boosting protection for marine wildlife and improving the management of activities at sea.
The key areas of the legislation—joined-up planning of marine industry, leisure and conservation; improved arrangements for licensing industrial activity at sea; new authorities and powers to manage inshore fishing; a new network of marine protected areas; and management bodies, such as Marine Scotland, that will be charged with developing marine plans—should give us a unique opportunity to restore our marine biodiversity and secure its future while allowing the economic, industrial and recreational activities that we rely on the sea to support to progress in a sustainable way.
Not everyone will be happy with what has been achieved today, most notably those who wish for a total ban on killing seals. However, in this instance, I think that every effort has been made to strike a fair balance between the interests of the aquaculture industry and the welfare of seals. I hope that sufficient overall provision has been made in the interests of conservation to allow our seabirds and mammals and our fish and other marine creatures to survive and thrive far into the future.
As has been said, time will tell how effective the legislation will be in achieving all its intended results, and enforcing it will be key to securing real change. However, a good start has been made, and that has to be warmly welcomed.
I agree with colleagues that the bill is landmark legislation. It has been a long time in coming, and a tremendous amount of work has been done not only by members and by parliamentary and Scottish Government staff but by all the national and local organisations that have given important expertise and given their time to participate in discussions to ensure that the bill is a decent piece of legislation.
The Labour Party's key objective was to ensure that we came out of the process with a robust bill that would help to promote healthy seas. That is fundamental, as we have the responsibility for stewarding an incredibly complex set of ecosystems. I believe that the bill will help future generations to benefit from our seas.
In previous discussions on the subject, we have talked about the fact that the bill must encompass around 80 previous pieces of marine legislation. I congratulate colleagues on taking a mature and hard-working approach to the bill, which is all the better for it.
Massive opportunities will come from the bill, including the opportunity for joined-up thinking on interests that can sometimes conflict but which add to the health of our economy, such as fishing, leisure, shipping, renewables and wildlife interpretation. Those all have their place in our marine environment, but the key thing is that we act in a transparent and sensible manner.
Liam McArthur mentioned the massive expansion in the new generation of renewables. I hope that the bill will help that process in a logical, joined-up way that puts sustainable development at the heart of it. I hope that we now have a coherent approach to marine planning and marine conservation, and I look forward to the network of marine protected areas being designated and put in place.
There have been major changes to the bill that was initially proposed, which have resulted in the bill that is before us today. That is testament to the hard work not only of parliamentarians but of people who have lobbied us from outside. Labour members have seen the opportunity to strengthen the bill, and we have been keen to work constructively with stakeholders throughout Scotland. We have also been keen to work with other parties and colleagues on all sides of the chamber and in the committee. We may not always have agreed with one another, but we have teased out some of the difficult and complex issues very well.
I hope that we can now consider the implementation of the bill. I remember being struck at a meeting last year by how much we do not yet know about the marine environment around our country. Much of the work in relation to research needs to be pushed higher up the agenda.
Like Karen Gillon, I will enjoy reading the Official Report of today's debate, in which we can relive the moment when Richard Lochhead gave a speech in favour of one position and then minutes later voted entirely the opposite way. There have been some light-hearted moments today, and some interesting choreography around the chamber.
The key thing, however, is that we have improved our marine environment. A raft of amendments have been made to the bill today, and I pay tribute to my colleague Elaine Murray for her hard graft in ensuring that we get better protection for seals. I also thank the cabinet secretary and Robin Harper for making us debate the issue in detail at stage 3; I would like to have done that earlier, but we have at least done our jobs of scrutinising the legislation.
I hope that the licensing powers will be used sparingly and transparently as a last resort, and I note the clause that states that we will review the measures within the next five years. That is crucial to the effectiveness of the bill, as everybody needs to know that the Parliament will be watching to see how the legislation is implemented.
We look to the future, and to the implementation of the bill. Labour members are very keen now to talk about marine and coastal national parks. That was one of the issues that we logged with previous ministers—we got a commitment from Mike Russell that, once we had passed the bill, we could move on to consider marine and coastal national parks, which we want to do very swiftly.
We also want to help to promote the work of the regional partnerships throughout the country, which have done fantastic work to promote nature conservation, tourism and local economic development opportunities. The bill gives us a platform and a fantastic framework in which to do that.
I hope that we can all unite and support the bill tonight. There have been many disagreements along the way, but we will now have fantastic legislation that will join up with legislation across the UK, and we should all welcome that today. The hard work has been done to put the legislation in place, but the next bit is crucial. As with the Climate Change (Scotland) Act 2009, we need to put the legislation into effect, and I hope that we will all work hard to do that.
I thank all members for their contribution to the debate on the bill. There have been many positive contributions; we have heard members speak of their pride on this momentous day and describe the bill as a "landmark" and a "watershed". Those are highly appropriate words to associate with the bill that I hope we will pass at decision time.
The role of the Scottish Parliament is to improve the lives of the people of Scotland and I believe that we now have a bill—Scotland's first marine bill—that will make a significant and lasting difference to the way in which we manage our spectacular seas for the people and communities of Scotland.
More than ever before, people are interested in the marine environment. Let us not forget that Scotland's seas generate more than £2.2 billion of marine-related industry—not including oil and gas—and that Scotland's seas provide around 50,000 jobs. We have two thirds of the UK's seas, a fifth of European Union waters and 100 ports. Under the waves of our seas, we have 6,500 species of plants and animals that we know we are obliged to look after.
Thankfully, we also have the breakthrough of executive devolution, which puts this Parliament in the driving seat out to 200 nautical miles for the first time and in the driving seat for planning legislation and nature conservation in all of Scotland's waters.
As members have rightly pointed out, there will be many competing demands on Scotland's seas in the 21st century. The bill is about balancing the various competing demands, because our seas can meet so many of Scotland's needs in the 21st century.
The offshore renewables sector is about to blossom, creating thousands of new jobs and helping Scotland to meet her climate change targets. Even today, I notice that Highlands and Islands Enterprise has put out a statement about the number of communities that may benefit from construction opportunities for offshore renewables. Nigg, Arnish, Machrihanish, Ardersier and Kishorn in Wester Ross have been picked out, and six locations outwith the Highlands and Islands are also set to benefit.
There is huge potential for Scotland's seas to help to meet our energy needs, tackle climate change and create thousands of new jobs at the same time. I assure Karen Gillon that we will use the renewables expertise that currently exists in Marine Scotland as we take the bill forward.
Of course, our seas also provide food for the nation. An issue that will become even more of a priority in the 21st century is where we get our food from. If we look after them, our seas can continue to provide healthy, tasty food. Indeed, I had some good Scots mackerel in the Scottish Parliament canteen today, which reminded me of how great our seas are when it comes to providing fantastic food.
In relation to tackling climate change, carbon storage is another benefit, in addition to the renewables sector, that we may be able to enjoy from our seas.
As many members have said, the people of Scotland are becoming increasingly fascinated by their marine environment. When I was in Tiree for my holidays last summer, it was spectacular seeing the marine wildlife off the shores. At one point, I watched gannets diving for fish while the basking sharks were circling and the dolphins were dancing on the horizon. That is spectacular, it is in Scottish waters and we must look after it.
As many of us know, in the waters off our constituencies around Scotland, marine wildlife tourism—[Interruption.]
Order. Members who are talking are missing a fascinating geographical talk.
There is also spectacular marine wildlife off the coast of Galloway and Upper Nithsdale.
As we know, marine wildlife tourism is another opportunity that Scotland's seas provide for our local economies in the future. In the past, to far too great an extent, it has been a case of out of sight, out of mind. However, as human knowledge about what lies beneath the waves expands and Scotland's marine research expertise shines a light on what we have in Scotland's marine environment, more and more people than ever before are aware that we have to safeguard and look after Scotland's precious marine environment. Only a couple of weeks ago, I was lucky enough to open Oceanlab II in Newburgh, in the First Minister's constituency; fascinating research into our ocean floors is taking place in that facility, which is run by the University of Aberdeen.
As an SNP minister and as a member of this Parliament, I am proud to be associated with Scotland's first marine bill. Every single member of the Scottish Parliament should be proud today to support the bill, as I hope they are about to do shortly. Not only should the Scottish Parliament be proud, but we should be proud of what it achieves for Scotland's seas and for our marine environment and for what it will achieve for the people of Scotland, many of whose livelihoods depend on maintaining healthy seas, which is what the bill is all about.
I urge Parliament to support the bill and make history today.