Chamber and committees

As I have said in both correspondence and in the Chamber the use of surveillance aircraft, unmanned aerial vehicles ("drones") and rigid hulled inflatable boats adds considerably to our surveillance capacity.

However, I am sure that the member will recognise that for operational reasons it would not be wise for me to reveal their timings or locations of operation.

The Priority Marine Feature list covers a broad range of habitats and species which have variable distribution in Scotland’s seas. Some are already subject to assessment:

• Eleven habitats had assessments published this year as part of a scoping consultation on a project to improve their protection. See https://consult.gov.scot/marine-scotland/priority-marine-features/ for details.

• Harbour and grey seals are monitored by the Sea Mammal Research Unit, with population assessments provided annually.

• The key commercial fish and shellfish species, which are also Priority Marine Features, are subject to annual assessments by the International Council for the Exploration of the Seas (ICES).

• Priority Marine Features which are also protected under the EU Habitats Directive are assessed every 6 years, with the next report due in 2019.

• Threatened habitats and species which are listed under the OSPAR Convention are expected to be assessed between now and 2025, with a timetable to be adopted by the OSPAR Commission in 2019.

For the other Priority Marine Features, which are mainly widely distributed habitats and some low mobility species, no specific timetable for assessment has been identified although monitoring data is being collected.

The published Crown Office and Procurator Fiscal Service Prosecution Code sets out the criteria for prosecutorial decisions and the range of options available to prosecutors dealing with reports of crime.

In many cases, where there is sufficient evidence to justify proceedings, a prosecution will be appropriate and, in that event, the prosecutor will commence and pursue proceedings in the appropriate forum. The Prosecution Code articulates a general rule that cases should be taken in the lowest competent Court unless there is some good reason for prosecuting in a higher Court. This proposition reflects an underlying principle: that the response of the criminal justice system should be proportionate.

The Prosecution Code recognises that prosecutors have other options, commonly described as alternatives to prosecution, which, in particular circumstances, and especially in relation to less serious offending behaviour, may effectively and proportionately reflect the public interest. These alternatives to prosecution include warnings by the Procurator Fiscal, diversion from prosecution, fiscal fines, fiscal compensation orders, combined fiscal fines & compensation orders, and fiscal work orders. Apart from warnings and diversions, these are provided for in statute.

The Prosecution Code sets out factors which may, depending on the circumstances of the particular case, be relevant in determining what action is in the public interest. These include, among other things, the nature and gravity of the offence; the impact of the offence on the victims and witnesses; the age, background and circumstances of the accused; the actions of the victims; the motive for the crime; and the risk of further offending. The weight to be attached to any particular consideration will depend upon the circumstances of the individual case.

The use of such alternatives to prosecution, including warnings, is a common feature of European jurisdictions. The system complies with the European Convention on Human Rights.

The Priority Marine Feature list covers a broad range of habitats and species which have variable distribution in Scotland’s seas. Some are already subject to assessment:

• Eleven habitats had assessments published this year as part of a scoping consultation on a project to improve their protection. See https://consult.gov.scot/marine-scotland/priority-marine-features/ for details.

• Harbour and grey seals are monitored by the Sea Mammal Research Unit, with population assessments provided annually.

• The key commercial fish and shellfish species, which are also Priority Marine Features, are subject to annual assessments by the International Council for the Exploration of the Seas (ICES).

• Priority Marine Features which are also protected under the EU Habitats Directive are assessed every 6 years, with the next report due in 2019.

• Threatened habitats and species which are listed under the OSPAR Convention are expected to be assessed between now and 2025, with a timetable to be adopted by the OSPAR Commission in 2019.

For the other Priority Marine Features, which are mainly widely distributed habitats and some low mobility species, no assessments have yet been undertaken although monitoring data is being collected.

All Ministerial engagements are proactively published on the Scottish Government website at the following address. https://beta.gov.scot/publications/?term=Ministerial engagements&publicationTypes=transparency_data .

I have asked Charlotte Wright, Chief Executive Highlands and Islands Enterprise to respond. Her response is as follows:

“The fact that Highlands and Islands Enterprise (HIE) was able to respond swiftly to the administration of CairnGorm Mountain Ltd is compelling evidence of robust due diligence. CML was experiencing severe cash flow problems following the temporary closure of the funicular railway and required far greater working capital than HIE could provide. Agency staff worked intensively with the company to try to save jobs and ensure business continuity. At the same time, they were rightly alert to the possibility that CML could fall into administration, and made contingency plans that are now being delivered.”

The additional £5.35m of capital funding which has been made available to Scottish Canals will fund vital asset management work including the replacement of lock gates at Fort Augustus. Other works will include phase one of plans to replace lock gates at Kytra and Cullochy, 4 pairs of lock gates for the Forth & Clyde Canal, new water monitoring systems for the Crinan Reservoir and the Forth & Clyde summit pound, a review of remote operations for Bonnybridge and Twechar bridges, the creation of 24 new moorings at Laggan Locks and new dredging plant to enable Scottish Canals' staff to improve the navigation channel across the network.

In terms of alleged illegal activity taking place on the night of the 18th or early morning of the 19th November 2018 Marine Scotland received a report, initially by telephone call, of alleged illegal scallop dredging activity taking place that night. At the moment it remains an allegation and yet to be proven.

Marine Protection Vessel (MPV) Minna was in Glasgow for a crew change. Of our other two MPVs, one was tasked elsewhere on the north east of Scotland, and the other was in Hull for refit. Marine Scotland also has two surveillance aircraft and also makes regular use of unmanned aerial vehicles, or drones, which adds considerably to our surveillance capacity. However, much of the alleged illegal activity occurs during the night which curtails aerial activity.

All reports from our own sources and members of the public are immediately assessed to see if immediate action is possible. If resources (aircraft or vessel) are available they are re-tasked to gather evidence and, if possible, detain any suspect boats. Whether or not immediate action is possible, all reports and intelligence received is fed into the Marine Scotland Compliance’s Intelligence Database (MSID). All of this information is graded and assessed at a regular risk assessment and tasking session where priorities and tasks for coastal officers, ships and aircraft are decided. Local officers also follow-up intelligence reports from their area at a local level so even if no other action is possible some form of action is undertaken.

Public authorities are not obliged to record and report how they take in to account the National Marine Plan in decision making. However, during the first review of National Marine Plan, published in 2018, Scottish Ministers’ considered how well the Plan is being implemented, how effective its policies are and how relevant it is to emerging marine activity.

The review highlighted that implementation varied across, and within, different regulatory, planning and advisory bodies and we are aware that some public authorities are working to update relevant documentation to ensure compliance with the policies and objectives of the National Marine Plan. Working with stakeholders, Marine Scotland will continue to focus on delivering and embedding the Nation Marine Plan in wider decision making and take account of emerging activities identified during the review process.