§ Mr. KirkwoodTo ask the Secretary of State for Scotland what consultations were undertaken with fishing organisations in advance of the Scottish Adjacent Waters Boundaries Order 1999.[85527]
§ Mr. MacdonaldA press release was issued at the time the draft order was laid, on 8 March 1999. All fishing organisations were therefore able to comment on the draft Order between that date and the Order being approved by the Privy Council on 13 April 1999. None did so.
§ Mr. KirkwoodTo ask the Secretary of State for Scotland what rights in respect of consultation are available to Scottish fishermen operating in the areas of412W sea, responsibility for which is transferred by the Scottish Adjacent Water Boundaries Order 1999 with regard to oil, gas and other subsea operations. [85531]
§ Mr. MacdonaldUnder the Petroleum Act 1998, the Department of Trade and Industry is required in considering various oil and gas activities to have regard to the implications for other users of the sea including the fishing industry. Historically there has been appropriate consultation with representatives of the Scottish fishing industry through the Scottish Office. These consultation arrangements will continue through the Scottish Executive.
§ Mr. KirkwoodTo ask the Secretary of State for Scotland if he will make a statement on the impact on activities of the Scottish Fisheries Protection Agency of the Scottish Adjacent Waters Boundaries Order 1999. [85529]
§ Mr. MacdonaldOfficers of the Scottish Fisheries Protection Agency (SFPA) remain British Sea Fisheries Officers and, as such, will be empowered to operate anywhere within British fisheries limits. In practice, SFPA vessels will patrol down to the new median line, but they will have powers of pursuit outwith the Scottish zone.
§ Mr. KirkwoodTo ask the Secretary of State for Scotland if he will set out the reallocation of responsibilities between the United Kingdom Parliament and the Scottish Parliament as a result of the Scottish Adjacent Water Boundaries Order 1999. [85528]
§ Mr. MacdonaldThe Order makes statutory provision for the first time for a Scottish zone of British fisheries limits. By doing so it helps define the functions of Scottish Ministers and the responsibilities of the Scottish Parliament. Responsibility for the regulation of sea fisheries issues, including measures implemented under the Common Fisheries Policy (CFP), will be devolved to the new Scottish Parliament within the zone, and in respect of Scottish boats outwith the zone.
§ Mr. KirkwoodTo ask the Secretary of State for Scotland if he will make a statement setting out the effects on the jurisdiction of the Scottish courts for waters in the area of sea transferred by the Scottish Adjacent Water Boundaries Order 1999. [85530]
§ Mr. MacdonaldIt remains possible for prosecutions for most alleged offences to be taken anywhere in the UK. The current practice is normally to refer the prosecution case folder to the nearest court to where the offence took place. This is likely to continue to be the case.