Clause 85 - Exploitation of areas outside the territorial sea for energy production
Energy Bill [Lords]
2:30 pm
Mr Michael Weir (Spokesperson (Environment & Food; Health; Rural Affairs; Trade & Industry); Angus, Scottish National Party)
Thank you, Mr. O'Brien. I shall try to speak up.
As I was saying, to suggest that there is no Scottish involvement outwith the immediate territorial waters is wrong in principle and in practice. The UK is different in that it has two differing legal traditions. I was referring to section 126 of the Scotland Act 1998, which defines various terms in the Act. It defines Scotland as including
''so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Scotland''.
Section 126 goes on to define the Scottish zone, which is important for fisheries matters, as
''the sea within British fishery limits''—
the limit under section 1 of the Fishery Limits Act 1976—
''which is adjacent to Scotland''.
The effect is that Scots law applies to that area of fishing jurisdiction, adjacent to Scotland, which is much greater than the territorial waters.
The situation is further compounded by the Continental Shelf (Jurisdiction) Order 1968, which defines the boundaries of Scottish waters. The area is much greater than simply the territorial waters. That is important because the authority of the renewable energy zone, as I understand it, is based on the Continental Shelf Act 1964. The 1968 order defined the English area, the Scottish area and the Northern Irish area within UK territorial waters. I shall not bore the Committee by going through the various latitudes and longitudes of that.