Draft Scotland Act 1998 (River Tweed) Amendment Order 2015
The Committee consisted of the following Members:
† Brown, Mr Russell (Dumfries and Galloway) (Lab)
† Carmichael, Neil (Stroud) (Con)
† Donohoe, Mr Brian H. (Central Ayrshire) (Lab)
† Fox, Dr Liam (North Somerset) (Con)
Gilbert, Stephen (St Austell and Newquay) (LD)
† Griffiths, Andrew (Burton) (Con)
† Hamilton, Mr David (Midlothian) (Lab)
† Lansley, Mr Andrew (South Cambridgeshire) (Con)
† Lloyd, Stephen (Eastbourne) (LD)
McGuire, Mrs Anne (Stirling) (Lab)
† McKechin, Ann (Glasgow North) (Lab)
† McKenzie, Mr Iain (Inverclyde) (Lab)
MacNeil, Mr Angus Brendan (Na h-Eileanan an Iar) (SNP)
† Morrice, Graeme (Livingston) (Lab)
† Mundell, David (Parliamentary Under-Secretary of State for Scotland)
† Stevenson, John (Carlisle) (Con)
† Stride, Mel (Central Devon) (Con)
† Weatherley, Mike (Hove) (Con)
Edward Beale, Committee Clerk
† attended the Committee
Fifth Delegated Legislation Committee
Wednesday 10 December 2014
[Nadine Dorries in the Chair]
Draft Scotland Act 1998 (River Tweed) Amendment Order 2015
2.30 pm
The Parliamentary Under-Secretary of State for Scotland (David Mundell): I beg to move,
That the Committee has considered the draft Scotland Act 1998 (River Tweed) Amendment Order 2015.
It is a pleasure to serve under your chairmanship for a second time on a matter relating to Scotland, Ms Dorries.
The draft order was laid before the House on 20 October 2014. I will provide some background information on the fisheries management arrangements that prevail in respect of the River Tweed, as well as a brief summary of what the draft order primarily seeks to achieve. Freshwater fisheries management and conservation in Scotland are largely regulated by the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003, which I shall refer to as the 2003 Act. In September 2013 an amendment to the 2003 Act came into force providing a new enabling power allowing Scottish Ministers to create a regime of tagging of salmon caught in Scotland. The new section 21A of the 2003 Act provides the power to require salmon that are caught and retained to be tagged. The purpose behind the regime is to enhance existing conservation measures for wild salmon and to ensure that fish that are caught in Scotland and find their way to market are traceable.
Fisheries management is generally devolved to the Scottish Parliament, but separate arrangements prevail in respect of the borders rivers, which flow through both Scotland and England. Section 111 of the Scotland Act 1998 provides:
“Her Majesty may by Order in Council make provision for or in connection with the conservation, management and exploitation of salmon, trout, eels, lampreys, smelt, shad and freshwater fish in the Border rivers.”
For the purposes of the section, “Borders rivers” means the Rivers Tweed and Esk.
An order made under section 111 in respect of the Tweed, the Scotland Act 1998 (River Tweed) Order 2006, which I shall refer to as the 2006 order, is in force and broadly replicates much of the 2003 Act. The existing provisions, however, do not provide the necessary
powers to create a tagging regime. The draft order therefore will amend the 2006 order to introduce a new enabling power to allow provision to be made for the tagging of salmon that replicates the regulations made under the power in section 21A of the 2003 Act.A regime for tagging already exists in the Lower Esk in Scotland by virtue of byelaws made by the Environment Agency. The Scottish Government intend to consult on any proposed scheme for Scotland and the enabling power introduced by the draft order will ensure that, when a salmon tagging scheme is introduced in Scotland as a whole, that scheme may also be introduced for salmon caught in the Tweed, ensuring no gap in the regulations for Scotland’s rivers.
The Scottish Parliament’s Rural Affairs, Climate Change and Environment Committee considered the draft order on 19 November and it was approved by the Scottish Parliament on 26 November. The order demonstrates the Government’s continued commitment to working with the Scottish Government to make the devolution settlement work.
I hope that the Committee will agree that the draft order is a sensible and practical use of powers. It is to be welcomed, and I commend it to the Committee.
2.33 pm
Mr Russell Brown (Dumfries and Galloway) (Lab): As the Minister said, it is a pleasure to serve under your chairmanship, Ms Dorries.
I went to the bother of downloading some significant paperwork on the issue, because I thought that I should be somewhat prepared, but one thing that I do not want to do is to upset colleagues or, far less, my Whip. At the end of the day, the Minister and I know that issues such as fishing in border rivers can be significantly contentious. I am pleased, to a certain extent, that when the boundaries changed in 2005 I lost the River Esk from my constituency and the Minister inherited it and some of the associated problems—for example, issues to do with licences, such as charges.
In respect of what is proposed in the draft order, I am reassured by the Minister’s statement that our colleagues in the Scottish Parliament have already agreed this. It is nothing more than an enabling power; it sets things on the right footing. Obviously, I was interested in the whole issue of tagging, because it is about keeping an eye on where fish end up and making absolutely sure that nothing untoward or illegal is happening. I have nothing further to add. I agree to the order as proposed by the Minister.