A proposal by the Green Party to amend environmental regulations, giving Ministers new powers over controversial ship to ship oil transfer proposals for the Firth of Forth, is set to be agreed by the Scottish Parliament today. (1)
This will effectively give Scottish Ministers “call-in” powers on plans which may affect protected sites, a process which will come into effect immediately. It is based on the proposals made by the Scottish Green Party, and agreed as a priority for action during their political agreement talks with the SNP immediately following the Holyrood election. (2)
It puts the final decision-making powers on such projects into the hands of Scottish Ministers. Amendments to the Habitats Directive will enable the Scottish Executive to properly fulfill its obligations under European environmental law, and to suspend projects until compliance has been validated.
Robin Harper MSP said: “At last it appears that the threat hanging over the Firth of Forth is going to be tackled and I am delighted that the government has agreed with our proposal. Shifting power back to Ministers using Habitats Directive Regulations is the right way to bring about swift action on this threat.
“It is an absolute priority that the public interest be upheld, and that key decisions of such immense importance are made by the right people and for the right reasons.
“It is a pity that the previous Libdem and Labour Executive did not address this over the last two years and I am pleased that the new government has agreed to move much more quickly on our proposed course of action.(3)
“Scotland ultimately needs a full Marine Bill so that we can properly address environmental protection and responsible stewardship of our seas and coasts. There remains a great deal of work to do. But this is a first step to ending the perceived conflict of interest and threat to the environment which has been rightly named the Farce of the Forth.”
Under the current chaotic legal mix of responsibility, there is no robust consenting regime for ship-to-ship (STS) oil transfers. The Forth bid has been the subject of fierce criticism for the way it has been conducted, and has been condemned by the public, politicians, environmental agencies and local authorities as posing unacceptable pollution risk to the area. Because of its twin role as plc and harbour authority, Forth Ports is both promoter and regulator of the scheme, and stands to benefit from the proposed activity. (4)
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Notes to editors
1. The Statutory instrument will be debated and voted on today by the whole parliament. It is available electronically on the Scottish Parliament website and here: http://www.opsi.gov.uk/legislation/scotland/dssi2007.htm
Extracts from the SSI:
In Part IV of the 1994 Regulations the Instrument will have the following effects:
- It will extend Part IV to “all plans or projects”.
- Provide new powers for Scottish Ministers to call in a plan or project which they consider may have a significant effect on a protected site so as to ensure compliance with the Habitats Directive.
- Provides powers to issue directions in relation to the manner in which an appropriate assessment must be carried out and the matters to be covered.
- Suspends proposals until the Scottish Ministers issue a direction signalling that they are satisfied that an appropriate assessment has been carried out in accordance with the Habitats Directive and the 1994 Regulations.
- Strengthens Ministers’ functions in relation to the overriding public interest test
In other words:
It means that Scottish Ministers can at any time “direct” any competent authority to:
- carry out assessments on the impact of the plan/project on European designated sites
- in the case of negative impact, provide evidence of lack of suitable alternatives and plead the case for the plan to go ahead in the over-riding public interest
- Scottish Ministers can suspend the project until they are satisfied with both of the above, although they will be expected to administer the process “within a reasonable timeframe”
All of these “directions” would be in writing and be binding. Their intention is to ensure compliance with European law, so that the Scottish Ministers can carry out their obligations. This is in effect the delivery of a ‘certificate of compliance’ from Ministers based on initial proposals by the Greens.
2. Details of the Green Party proposal can be found here:
http://www.scottishgreens.org.uk/site/id/5802/title/GREENS_WELCOME_ACTION_ON_FORTH_OIL_TRANSFER_THREAT.html
3. Executive Ministers in the last session prevaricated on legal changes to take the regulatory powers from Forth Ports.
4. Further Background: Controversy over the plan by shipping company SPT Marine and Forth Ports plc has raged for the past two years. The Forth is considered a dangerous location to carry our the transfer of millions of barrels of oil every year between ships at swinging anchor. Other, safer locations were identified in the Donaldson Inquiry Report following the Braer disaster in the 90s – such as Scapa Flow. It is understood that the Forth location is chosen simply to save one day’s shipping time. The company involved are also accused of misleading Parliament by omitting to mention a major spill in another ship to ship operation in the gulf of Mexico.
All relevant local councils - Fife, Edinburgh City and East Lothian - are opposing the transfer plans, as are environmental organisations and SNH. The Forth plan, by SPT Marine, aims to transfer Russian oil into ‘Ultra Large Crude Carriers’ en route to the United States and the Far East.
For more information on the Greens’ three year campaign on this issue go to: http://www.scottishgreens.org.uk/site/id/4851/title/Forth_Ship_to_ship_Oil_Transfer_Campaign.html
George Baxter
Media and Communications
Scottish Green MSPs
Scottish Parliament
Edinburgh EH99 1SP
Tel: 0131 348 6360
Mob: 0790 99 33 074
Fax: 0131 348 5972