Written evidence submitted by The Highland
Council
1. INTRODUCTION—PROVISIONS
REGARDING THE
CROWN ESTATE
Highland Council has long campaigned for reform of
the Crown Estate in Scotland. The Council led the Crown Estate
Review Working Group (CERWG), which consisted of the Highland
and Islands local authorities, HIE and COSLA (as observer). For
a full and authorative account of the Crown Estate in Scotland,
the Council directs the Bill Committee to the CERWG report of
2007, titled: "The Crown Estate in Scotland—New
Opportunities for Public Benefit" Highland Council
remains fully supportive of the findings of this report; that
there should be a properly constituted review of the Crown Estate
in Scotland.
As a contribution to their respective enquiries the
Council has previously provided evidence on the Crown Estate in
Scotland to the Scottish Parliaments Rural Affairs and Environment
Committee, the Calman Commission on Scottish Devolution and the
UK Parliament Treasury Sub Committee.
The Highland Council supported the recommendations
of the Treasury Sub Committee, particularly where it referred
to the need for greater partnership with partners in the marine
environment, management arrangements in Scotland, the need for
clarity on the public benefits delivered by the Crown Estate and
that a future Government should commission a wide ranging review
of the management of the Crown Estate. However the Council could
not support the recommendation of the Calman Commission on the
Crown Estate in Scotland. The Commission's recommendations were
considered very weak and likely to result in very little additional
benefits for Scotland.
2. THE SCOTLAND
BILL: PART
2
Clause 18: Scottish Crown Estate Commissioner
Subsection (2) of this clause amends paragraph 1
of Schedule 1 to the Crown Estate Act 1961 so as to require that
one of the Crown Estate Commissioners be appointed as the Scottish
Commissioner. Subsection (3) inserts a new paragraph 1(4A) into
Schedule 1 which requires the Chancellor of the Exchequer to make
any recommendation to Her Majesty as to whom to appoint as the
Scottish Commissioner, and to consult the Scottish Ministers before
making that recommendation.
The Highland Council is firmly of the view that Clause
18 of the Scotland Bill does not go far enough. The Council believes
that the only way to ensure improved accountability and
that direct benefits are delivered to Scottish communities is
through fully devolving the management, administration and revenues
of the Crown Estate in Scotland to Scottish Ministers in the first
instance. Given the new management, regulation and planning roles
of Marine Scotland, the case for full devolution is even stronger.
Securing a wide range of benefits from offshore renewable
energy developments is a major policy area for The Highland Council
which, with its Highland and Island partner authorities has been
discussing how community benefits can be delivered via the Crown
Estate Commissioners current role as marine landlord, regulator
and revenue income generator. The H&I partners wish to maximise:
— Skills
development and training opportunities;
— Available
infrastructure, including the contribution made by local harbours
and testing facilities to the offshore energy sector;
— The
involvement of local companies in the offshore sector;
— Ownership
of seabed within harbour areas by harbour authorities;
— Employment
during the construction and maintenance; and
— Wider
community benefits, including community ownership or assets and
resources.
The current arrangements can been seen as being unaccountable
and have placed constraints in relation to harbour developments
and aquaculture. While discussions regarding joint projects have
been helpful, little headway has been made in terms of agreeing
the procedures for collecting and distributing community benefit
contributions under the present arrangements.
This is a major stumbling block to securing future
benefits from renewable energy developments in the marine environment.
It is an issue that The Highland Council has raised in its response
to the Scottish Governments current consultation: "Securing
the benefits of Scotland's Next Energy Revolution". A copy
of the response, which includes the Council's thinking on the
collection and distribution of community benefit from offshore
renewable energy projects, is available to the Committee on request.
The Highland Council would therefore recommend that
Clause 18 be amended to make provision for devolving the management,
administration and revenues of the Crown Estate in Scotland to
Scottish Ministers.
The Highland Council would very much welcome the
opportunity to provide oral evidence on this part of the Scotland
Bill if invited to do so.
January 2011
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