Scottish Adjacent Waters Boundaries

Part of the debate – in the Scottish Parliament at 4:23 pm on 3 June 1999.

Alert me about debates like this

Photo of Irene McGugan Irene McGugan Scottish National Party 4:23, 3 June 1999

I wish to speak in support of amendment S1M-19.2. If this Parliament wants an example of how not to go about implementing a piece of legislation, this might be the perfect one. The order under discussion is illogical in its content and substance, and insensitive in the manner of its implementation. The current line that divides Scottish and English fisheries matters has effectively removed Scottish waters from the jurisdiction of the Scottish Parliament. This has been done by the inappropriate application of an international convention, with no regard to custom, practice or precedent-as we have heard.

How can it be argued that there has never been a recognised fishery boundary between Scotland and England? By custom and practice, which is a principle well recognised in Scots and English law, the fisheries boundary between the two countries has for generations been drawn off Berwick North. The Scottish Fisheries Protection Agency and its English counterpart, the Royal Navy, have been operating to that line for years. Analysis of the usage of those waters shows that a preponderance of Scottish vessels operate in the area, which demonstrates Scotland's historic right to the fishing grounds in question.

As we have heard, there is also a legal precedent that establishes Scottish jurisdiction over the area in question. That has been fully demonstrated in that, although there have been few criminal prosecutions, they have been brought before Scottish courts and enacted under Scottish law. The line has been and must continue to be recognised. When challenged, the Government has advanced no good reason and has satisfied no one with its explanation about why the line has been moved 60 miles. The decision remains unjustified and unjustifiable.

The minister has claimed that, rather than lamenting the loss of 6,000 square miles, we should be celebrating the fact that 140,000 square miles have been transferred to Scottish jurisdiction. We may yet celebrate, because the Scottish Fisheries Protection Agency has confirmed in writing that those 140,000 square miles include the 6,000 square miles in question. That could be confusing-perhaps Lord Sewel got his figures wrong. It could be that the order is the cruel joke all of Scotland hopes that it is, and that the 6,000 square miles were never transferred from Scottish to English jurisdiction.

Others have noted the future requirement for consultation with relevant bodies in the preparation of legislation relating to fishing in the Scottish zone. It would have been vastly preferable to have undertaken such a consultation exercise prior to formulating the order, when all the salient facts could have been clearly articulated, but there was no opportunity for that.

The people of Scotland recognise that this is an unfair order. They would want the Scottish Parliament to confirm that the 6,000 square miles of sea should remain as Scottish waters, and that the boundary line should be reinstated where it was for hundreds of years. Scotland's democratically elected Parliament has not been re-established to condone, or implement by proxy, legislation that is unnecessarily confusing, detrimental to the interests of Scotland, and which is contrary to established practice and precedent.