Chamber and committees

We will be setting out our proposals for marine planning arrangements in the Marine Bill, to be introduced to Parliament shortly.

I refer the member to the answer to question S3W-21890 on 23 March 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Integrating responsibility for fisheries policy and management alongside other marine management responsibilities within a single organisation will mean that Marine Scotland can bring to bear the necessary range of experience, expertise and policy interests. Consequently, it will be better placed itself to make and to offer consolidated advice to ministers so that they can make, informed and, where appropriate, balanced judgements and decisions about how best to manage our marine assets and resources. Amongst other things, this should help reassure fishing and other interests that appropriate, sustainable decisions have been taken.

Sustainable Seas for All - a consultation on Scotland''s first marine bill included proposals for a marine planning system. It is envisaged that this planning system will have three tiers. One of the proposed tiers will be at the international level involving co-operation with other countries across administrative boundaries. This includes planning of our seas at a regional seas scale in co-operation with neighbouring countries.

The Scottish and UK governments, along with other devolved administrations, plan to work together to develop a UK Marine Policy Statement which will set out high-level marine objectives for our seas.

Marine Scotland will develop and implement Scottish ministers'' policies on marine issues in Scottish seas. SNH is the Scottish Government''s statutory nature conservation adviser and its functions include provision of advice to ministers on the development and implementation of policies for, or affecting, the natural heritage of Scotland, including Scottish territorial waters. The Scottish Government has a duty under the Conservation (Natural Habitats &c.) Regulations 1994 to have regard to any representations made by SNH on proposals for developments that are likely to have a significant effect on Natura 2000 sites in Scotland. We intend to retain SNH''s role as statutory adviser on nature conservation issues in territorial waters.

One response from a local authority was amended in writing following the closure of the consultation. This accommodated amendments made by the Council''s Planning, Housing and Environment Committee which convened later than the closure date. The amended response was published with all non-confidential responses on the 23 November 2008.

Marine Scotland will integrate the existing roles and responsibilities of the Scottish Government Marine Directorate, Fisheries Research Services and the Scottish Fisheries Protection Agency. That includes their current decision-making functions in relation to marine nature conservation. To the extent that these responsibilities already rest with the Scottish Government or its agencies, this effectively maintains the status quo. Marine Scotland will continue to seek advice from Scottish Natural Heritage and the Joint Nature Conservation Committee as appropriate. We plan further provisions and functions related to marine nature conservation under the Marine Bill.

Responsibility for some decisions relating to marine nature conservation “ for example, related to the question of any proceedings for alleged offences “ currently rests elsewhere. We have no plans to change that approach.

Establishing Marine Scotland as a delivery-orientated directorate of Scottish Government means it can deliver better integrated policy, science and other marine management functions than would be possible through a non-departmental public body. Combining marine expertise and resources will mean Marine Scotland is well placed to champion Scotland''s seas and play a key role in the UK, Europe and internationally. It is also more transparent through direct accountability to the Scottish Parliament and offers value for money.

A non-departmental body would be more complex and costly to establish and operate and has the significant drawback of fragmentation of functions.

While there were differences of view on the most appropriate status for Marine Scotland, this is also the approach favoured by the largest group of respondents on the Marine Bill consultation who expressed a view on this issue.

Recommendations are expected before the end of 2009, with the intention that, if applicable, a further Amendment Order could be laid within 12 months of the original coming into force.

Research published in early 2007 recommended that permitted development rights distinguish between domestic and non-domestic buildings. We have given priority to domestic buildings. The research recommended that the same rights apply to all non-domestic buildings. However, non-domestic buildings vary enormously in their scale, location and type of activity. We intend to progress work on non-domestic microgeneration when matters are resolved for domestic.