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Scotland spreads net of control over sea to 200 miles from shore

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Published Date: 28 November 2008
SCOTLAND has been given responsibility for all planning and nature conservation matters at sea up to 200 miles from the coast.
Up to now, the Scottish Government only had control to 12 nautical miles, with Westminster making most of the decisions further from the coast.

The change, which follows a campaign by The Scotsman, mean the Scottish Government will control issues
including offshore wind farms, conservation areas and new fish farms.

However, Westminster will retain its powers to grant licences to the oil and gas industries.

Richard Lochhead, the environment secretary, said the decision to increase the Scottish Government's powers would "help safeguard the seas for generations to come".

He added: "With Scottish waters being managed as a whole by the Scottish Government, we will now have modern and streamlined management of our seas and the many industries that depend on them."

He said he was delighted agreement had been reached with the UK on what they had "long seen as a sensible approach".

Ann McKechin, parliamentary under secretary of state at the Scotland Office, said the UK government had "taken the lead" in creating legislation that would bring a "much-needed simplicity to the management and preservation of our coastline and our seas."

She added: "We have given the Scottish Government the power to draw up detailed plans for the seas around the Scottish coastline between 12 and 200 nautical miles and, with our agreement, the plans will comprehensively cover all activities in the offshore area, whether reserved or devolved."

Environment groups welcomed the resolution of long-running discussions over where control should lie.

Lloyd Austin, head of conservation policy at RSPB Scotland, said: "This is an opportunity for the governments to stop talking about who does what and actually go on and do something."

He called for both governments to adopt a "truly visionary approach" to restore the seas in a sustainable way that enhances their wildlife.

Liberal Democrat fisheries spokesman Liam McArthur added: "Liberal Democrats welcome today's announcement as confirmation that SNP and UK cabinet ministers have stopped using this issue as a political football.

"This is a sensible arrangement that paves the way for marine nature conservation and fisheries management to be properly aligned."

Bertie Armstrong, chief executive of the Scottish Fishermen's Federation, supported the move to give Scotland power over marine nature conservation, to tie in with the control it already had over fisheries management out to 200 nautical miles.

"We strongly support this because dealing with the two issues separately was disjointed," he said.

Jason Ormiston, the chief executive of Scottish Renewables, said: "These new powers for the Scottish Government bring a consistent and common sense approach to planning most activities in Scottish waters and will hopefully bring clarity and predictability for renewable energy developments."

The details of the extent of the devolved powers will become clear when the Scottish Marine Bill goes before parliament in the spring.


Joint action created new Scottish powers

THE decision to grant increased powers to Scotland for control of its seas is being seen as a rare example of Westminster and Holyrood working together.

The decisions were agreed through the Joint Ministerial Committee, that exists to resolve issues between the devolved administrations and the UK government. This is being seen as the first significant success of the committee. The decision follows weeks of talks behind closed doors, with one insider saying he was "stunned" Westminster had agreed to grant Scotland such extensive control.

Paul Murphy, responsible for Joint Ministerial Committee issues within the UK government, said it shows the JMC can be successful.

"The willingness of colleagues in the JMC to agree to work together for the good of the UK as a whole demonstrates real commitment and also shows that good work can be achieved through the vehicle of the Joint Ministerial Committee."


Ocean campaign is a success

THE Scotsman launched a campaign to protect our marine life called Save Our Seas.

A key demand in the campaign was for Scotland to be given control of conservation to the 200-nautical-mile boundary with international waters. The campaign has attracted support from thousands of readers.

Plans within the Scottish Marine Bill are widely expected to meet many of the demands of the Save Our Seas campaign.

We also call for:

• A network of marine reserves and protected areas to be created to safeguard sites properly.

• A system of marine planning, effectively zoning areas for appropriate use, to safeguard important fishing grounds from offshore wind farms and other projects.

• A single organisation to administer this system.



Page 1 of 1

  • Last Updated: 27 November 2008 9:52 PM
  • Source: The Scotsman
  • Location: Edinburgh
  • Related Topics: Sea fishing industry
 
1

Conan the Librarian™,

28/11/2008 00:12:04
Ooh. Planning and nature control.

"However, Westminster will retain its powers to grant licences to the oil and gas industries."

Not planning then.

Or nature control.
2

,

28/11/2008 00:15:12
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3

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28/11/2008 00:21:15
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4

The Answer,

Glasgow 28/11/2008 00:46:59
#3

The only reason scotch based nuclear power stations export power to England is because there is no scotch manufacturing base to consume said generated power.
5

The Answer,

Glasgow 28/11/2008 00:50:53
scotland 8% of the UK population, yet manages to supply less than 7% of new UK undergraduates 2008 intake.

Says it all!!!
6

Scunnert,

28/11/2008 01:40:52
"We have given the Scottish Government the power to draw up detailed plans for the seas around the Scottish coastline between 12 and 200 nautical miles and, with our agreement, the plans will comprehensively cover all activities in the offshore area, whether reserved or devolved."

Notice the words, "with our agreement". Aye give with one hand take back with the other. No power has been transferred - now or in the past. All powers rest at Westminster. Anything Holyrood does has to be "with their agreement". That's devolution. So don't kid yourselves that Westminster has come over all magnanimous - they're just spinning as usual.
7

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28/11/2008 01:44:59
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8

KampungHighlander,

Jakarta 28/11/2008 02:24:11
Typical Westminster, they gives us back our seas once they have been depleted of fish, they will gives us back the oil and gas rights once they have stolen all that as well.
9

Castaway™ ,

28/11/2008 02:29:58
#4-The Answer,Glasgow.The only reason for scotch (Scottish) based nuclear power stations exporting power to England it has nothing to do with there is no scotch(Scottish) manufacturing base to consume said generated power but because:-
Torness nuclear power station was not needed in Scotland.
Hunterston B was built partly with the aluminium smelter at Invergordon on the Cromarty Firth in mind, the smelter closed in 1982.
Also nuclear power is base load they have to produce 24/7 which is no good to cope with with the hourly/daily/seasonal demands from the consumer within Scotland.

You said scotch based nuclear power when maybe you meant Scottish based nuclear power ?
10

Sierra Foothills Scot,

Diamond Springs 28/11/2008 03:16:28
The first thing the Scottish Government should do now is demand the retraction of Statutory Instrument 1999 No. 1126, purported to be Constitutional Law and entitled 'The Scottish Adjacent Waters Boundaries Order 1999'. That order moved the Scottish North Sea Border from the mouth of the Tweed northward and put 600 square miles of Scotland's sea under "UK" (ie "English") control.

Just example of the "union dividend."
11

Sierra Foothills Scot,

Diamond Springs 28/11/2008 03:18:05
Last sentence in #10 should read:
Just another example of the "union dividend."
12

Sierra Foothills Scot,

Diamond Springs 28/11/2008 03:43:36
The Scotsman leader today is 'Coast is clear for marine bill'. Congratulations to the Scotsman for campaigning so hard for this result.

I can't post my congratulations on the leader because posts are not allowed there. Below is what I would have posted:

The coast will not really be clear until the North Sea Border is moved back to its correct place. I hope the Scotsman will begin campaigning for correcting this never-explained sea grab. When questioned about the reasons for doing this, a UK government spokesman said an explanation would not be in the public interest.
13

Guga II,

Rockall 28/11/2008 03:58:59
#10.

Couldn't agree more.

If the English government don't rescind this blatant legalised theft, we will just have to take it back ourselves when we get our independence back.

This type of action has been par for the course from the English since they came to this country from Germany; they've been stealing everything and anything they could get their hands on. Right enough, the traitors who sold Scotland out 300 years ago, have made it easier for them; as is the case with the traitors and quislings that are around today.
14

Angleland Isover,

28/11/2008 06:50:26
Reading this article how can any true Scotsman be happy to be given such measly powers over our seas by a foreign country.
15

Number 6,

Germany 28/11/2008 08:15:12
#4 The clueless, back to englandshire with you. Report to your liebour handler for another list of unionista soundbites.
16

Yok Finney,

Ross-shire 28/11/2008 09:12:30
Greater Scotland is 70% Sea-covered as in the Planet.

It's for the Nation of Scotland - and for the people of Scotland to insist on being a Nation - to show global initiative in managing it.
17

catgut,

pomona 28/11/2008 09:50:09
What we have been given is the right to police the area using rules made in brussels.
We are just being a quisling police for the EC.
The basic quota and net rules etc are still the same.
The system does not work it still wont work where ever its run from.
18

Tweedmouth,

Coldstream 28/11/2008 10:07:52
#14 "Scotch is a whisky
Scottish is a people"

Only in recent years has this neem the PC fashion. Scotch has been a perfectly acceptable adjective for the ast few hundred years. Read any literature or poetry by Burns, Scott, Buchan, McNeice, Grassic Gibbon etc and you will find the word 'Scotch' used as an adjective all the time. Get an edukashun.
19

Tweedmouth,

Coldstream 28/11/2008 10:11:38
The one thing the article avoids mentioning is the TOTAL control of fisging policy, fishing quotas and fisheries protection which remains under the absolute control of BRUSSELS. That is the reality of 'Scottish Government' - i.e. a bunch of unelected French, Italians, Spaniards and Germans -The European Commission = tell both the UK govt and the Scottish Executive what they may fish for and how mcuh they can take. This is a joke government, a paper tiger, a bynhc of puppets with French and Germand hands up their @rses.
20

Farky,

Edinburgh 28/11/2008 10:33:13
No real change here..... Ultimate control still resides down south and until independence is achieved it will stay there. Do the Scottish people have the bottle for independece? I'm starting to wonder.
21

steve52,

Kinfauns 28/11/2008 10:36:47
The reality here is Scotland has been given nothing back. The words 'with our agreement' are self explanitory.

Dont want the Jocks thinking for themselves now do we.
22

steve52,

Kinfauns 28/11/2008 10:40:40
#23 Farky

You hot the nail on the head. The Scottish people do not have the bottle and therein lies the problem. All Labour has to do is state that dole money and other benefits will be cut under an Independant Scotland. The majority of their 'supporters' would dash out and put their X on no. X's are used as many of those who vote Labour cannot read and write due to the poor education they got under Labour.
23

daveserviceman,

edinburgh 28/11/2008 11:54:23
#7 Mapkaz. You are wrong england does have oil wells producing , it also has gas fields in the north sea the southern part and Morcombe Bay. BP were producing the oil in English waters, But there again scottish oil is running out take a lesson from Yemini there wells have just run dry and there will be more to follow oil is no longer a good investment or proposition to base a countries finances on you would be bankcrupt before too long the price of the remaining oil is falling and shortly will be down to $30 dollars a Barrel. becommming to expensive to drill for as it would cost more to produce than what it could be sold for
24

Armstrong Cowan Again,

germany 28/11/2008 15:49:06
# scotch is a drink - you are obviously not even Scottish - and secondly we do have a manufacturing base albeit relatively small. Nuclear power plants opened in Scotland to minimise risk -if that is all possible- to heavily populated areas. They can move Dounreay to the Isle of Dogs as far as I am concerned or preferably back to where you come from!
25

Armstrong Cowan Again,

Germany 28/11/2008 15:53:25
# 5 Smart ass is at it again- Might this irrelevant statistic have something to do with the huge number of foreign students opting to get a second class education in England!
26

Sierra Foothills Scot,

Diamond Springs 28/11/2008 16:09:01
#27 sm753 - "of course the 1999 one follows the accepted median line methodology in the UNCLOS." This is not correct.

UNCLOS provides alternative methods for constructing baselines for sea borders between two adjacent states. Since despite what you say the Scoto-English border IS the mouth of the Tweed, the most appropriate one for the Scoto-English situation is the river-mouth method (Section 2 Article 9). The border would be a straight line bearing approximately 120° (east-southeast) in the direction of the northern Netherlands. This would hugely upset the English. Since the law also provides for negotiation and arbitration, Scotland could offer to set the sea border at the 55°45’51N parallel of latitude in return for the English-administered area north of the centre of the Tweed.

Regarding yot final paragraph, the "potentially other stuff" is a major hooker. Moreover, "the median line methodology in the UNCLOS" is not THE accepted methodology, it is AN accepted methodology. See ‘Prospective Anglo-Scottish maritime boundary revisited’, by M Zahraa Eur J Int Law.2001; 12: 77-108.

27

antifa,

28/11/2008 16:09:26
"This type of action has been par for the course from the English since they came to this country from Germany; they've been stealing everything and anything they could get their hands on."

Nasty racist nonsense. How are you any different to some BNP chump?
28

pwd,

Borders 28/11/2008 16:38:43
#14 20th Century boy

"Scotch is a whisky
Scottish is a people
Try and remember that you halfwit."

Two points:

1) What you imply is wrong. The word 'Scotch' applies to much more than whisky. It first appeared c1570 and was used to refer to Scotch people and to things pertaining to Scotch people and, later, their descendants. The homework on this was done by a Scotchman from the Borders, Sir James Murray.

2) Pls learn to be polite. If you have any pride in Scotland and its reputation you will enter a debate in the spirit of cultured and rational Scotchmen like Sir James, David Hume and a host of others. You would benefit a great deal from a study of them and their manner.

Good luck.
29

Dr. James Wilkie,

Vienna 28/11/2008 16:56:12
#30 sm753's research team has obviously been working overtime on this issue, but there is no escaping the evidence that until 1999 a line eastwards from Berwick was regarded as the marine border. The 1999 Order was an arbitrary action taken without the slightest consultation with Scotland's representatives, not even at Westminster - something that would not have been permissible even in the case of a local authority boundary. That type of "government" is just not permissible under modern international law, and will certainly have consequences. The Berwick question is a very sensitive one in Scotland. It is a national issue of the first degree, and it will not be swept under the carpet by sea lawyers in London.

30

Westfield Bairns,

falkirk 28/11/2008 17:54:41
As usual Westminster has ofered nothing but more spin. Anyone who thinks London has or will give Scotland any more meaningfull powers lives in la,la land

Reside in Scotland - Scottish
Reside in England - English/British
Scottish Unionist - Held in contempt by both of the above
31

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28/11/2008 18:26:28
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28/11/2008 18:28:45
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28/11/2008 19:08:41
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34

Jock Tamson,

Scotland, Caledonia, Alba 28/11/2008 20:06:30
Smee, you really are a buffoon, aren't you? A parrot, squawking from your official song sheet.

35

Jock Tamson,

Scotland, Caledonia, Alba 28/11/2008 20:10:22
Not very nice to see the Scotsman trying to bask in reflected glory which would never have come about under the past Labour (Scotland) Executive.
36

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28/11/2008 20:12:28
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37

Jock Tamson,

Scotland, Caledonia, Alba 28/11/2008 20:22:24
45, Traquir. The annexation of Berwick into England is still regarded as illegal. Should this come under the international law which would be applied to any territorial dispute on the dissolution of Great Britain, bearing in mind that the EU now has a say in the matter (sinse 1973), that issue and the matter of the 6000 square miles of waters would be very interesting reading.
38

Jock Tamson,

Scotland, Caledonia, Alba 28/11/2008 20:32:00
Oh yes, the 6000 square miles. Westminster's pound of flesh for the parliament?

Voted through for LabandLibandLab - the Power Plot men.

effin Wee Heids.
39

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28/11/2008 20:35:26
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40

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28/11/2008 20:44:47
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41

Jock Tamson,

Scotland, Caledonia, Alba 28/11/2008 20:51:41
49, Traquir. I wouldn't regard Smee as anything other than one or more in-house journalists trying to bump up the number of posts.
42

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28/11/2008 20:59:37
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43

Jock Tamson,

Scotland, Caledonia, Alba 28/11/2008 21:19:49
51, Traquir. Aye, sair fecht, misery.

Do I care? Part of me does. Still got one Scotsman crossword book left. Peter B, Andrew Campbell & the one who is still there - Derek Allen. Allen broke the mould by being the first compiler to come out with non-Scottish phrases and tense errors in his crosswords.

The other 2 these days, Hugh Johnson and Ros Sherard are akin. They should be in the Guardian.

However, all is not lost. Something will be along next year to replace this miserable publication but not as we know it, Jim - so to speak.
44

Jock Tamson,

Scotland, Caledonia, Alba 28/11/2008 21:21:35
53, Smee. Find out for yourself.
45

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28/11/2008 21:41:03
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Conan the Librarian™,

28/11/2008 22:00:30
sm753
Instead of old and worn arguments, shouldn't a modern democracy bow to the peoples' will?

http://tinyurl.com/6jpr6k

Unless of course...

http://tinyurl.com/5uoq8a
47

Sierra Foothills Scot,

Diamond Springs 28/11/2008 22:06:27
#41 sm753 - You wrote "The land border was initially set de jure by the Treaty of York in 1237.
This clearly got de facto upset in 1482."

Please give a reference for de jure treaties being upset by de facto practice.
48

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28/11/2008 22:11:04
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28/11/2008 22:14:18
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50

Finlang,

France 28/11/2008 22:46:37
On earlier threads some have asked the question: is "sm753" in fact the ubiquitous "AM2" (notable by his absence these days under that ID) of Northern Irish unionist infamy, resident in "Glasgow UK"? Or is he an almost intelligible extension of the Rufus/Highland Mighty/David Banks, take-your-pick of the other unionist deadheads, who routinely post yah-boo stuff on here?

The style is disturbingly similar, but the Scots-hate is even more vehement. The links to everywhere continue apace ... (Again the question: where does he find the time or the energy, and from what pit of righteousness or despair does he dredge the hate-filled motivation seen above and elsewhere on The Scotsman threads?)

Maybe someone can enlighten.
51

SkeptikScot,

28/11/2008 22:54:53
Folk are so busy arguing UK vs Scotland they have failed to notice that much of the real power is moving to the EU. (not that will bother many people as long as they have their "Scotland" or "British" fig leaf).
52

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28/11/2008 22:57:06
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Sierra Foothills Scot,

Diamond Springs 29/11/2008 00:08:16
#38 sm753 –

Your post #38 gave four reference URLs. The two short ones were Statutory Instruments 1126 (1999) and 2197 (1987).

The first long URL, ‘Local Govermment Act 1972’, contained no reference whatsoever to ‘Scotland’ or ‘Scottish’.

The second long one, ‘Interpretation 1978’, mentions Scotland a number of times, but has nothing whatsoever in relation to terrestrial or sea boundaries or borders. Apparently your instructions to your backup instant research team at Westminster were not clear.

Would you like to try again with real references?

54

Sierra Foothills Scot,

Diamond Springs 29/11/2008 12:56:16
#69 sm753

Do try to stop obfuscating.

Your post #38 to gave four reference URLs. The two short ones were Statutory Instruments 1126 (1999) and 2197 (1987).
The first long URL, ‘Local Govermment Act 1972’, contained no reference whatsoever to ‘Scotland’ or ‘Scottish’.
The second long one, ‘Interpretation 1978’, mentions Scotland a number of times, but has nothing whatsoever in relation to terrestrial or sea boundaries or borders. Apparently your instructions to your stable of instant backup researchers at Westminster were not clear.
Your post #41 to the same Scotsman article stated:

"The land border was initially set de jure by the Treaty of York in 1237.
This clearly got de facto upset in 1482."

Please give a relevant reference for de jure treaties being upset by de facto practices.
55

Barnacle,

Plymouth 01/12/2008 15:09:12
Excuse me if this point is no longer being debated but Google maps and some other (web based) maps have the Anglo-Scot border as being North of the Tweed River mouth albeit by only a few miles. So at some point the Treaty of York must have been considered defunct by the powers that be. Does this count as a relevant reference of de jure Vs de facto, or is it the precedent?

Unless of course Google has an agenda to subtly change international boundaries.
56

Scotindy,

Los Angeles 19/12/2008 04:42:53
The only way out of this border mess with england is to take the map back to 1213 when we first declared INDEPENDENCE. If we leave it to the bungling british,they will have the border start at John o Groats. Roll on the REFERENDUM FOR INDEPENDENCE in 2010.

 

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