Freshwater Fisheries

Question Time — Scottish Executive – in the Scottish Parliament at 2:30 pm on 28 March 2002.

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Photo of John Home Robertson John Home Robertson Labour 2:30, 28 March 2002

To ask the Scottish Executive whether it will introduce any changes to legislation on freshwater fisheries in order to improve public access to angling on rivers and lochs. (S1O-4968)

Photo of Allan Wilson Allan Wilson Labour

Public access is one of the issues covered by the recent green paper, "Scotland's freshwater fish and fisheries: Securing their future" . I am currently considering with my officials how we might take forward the proposals in light of the responses of consultees. I shall make a statement on that shortly.

Some action to give effect to the green paper's proposals can be taken administratively and that is already under way. Some issues are dependent on subordinate legislation and we are considering those. The remaining green paper proposals include improvements to public access, which is governed by a system of protection orders and will require primary legislation. My officials will undertake a review of the current system and I will consider sympathetically any proposals emerging from the review.

Photo of John Home Robertson John Home Robertson Labour

It is now two years since I launched the Executive's consultation on protecting and promoting Scotland's freshwater fisheries, so I hope that the minister will be able to make progress on the matter soon. Will he confirm that the existing legislation on freshwater fish is a mess, that there is an urgent need for new legislation to protect native fish species and that the Labour party's objective must be to help local angling clubs to increase public access to an extremely popular sport, not only for our citizens but for tourists who are visiting Scotland? Can we have a white paper this year, please?

Photo of Allan Wilson Allan Wilson Labour

John Home Robertson makes two substantive points. I agree that legislative change is required; the green paper is acknowledged to be one of a series of measures that we envisage will be necessary to create a structure for the better conservation and management of our freshwater fish. A bill to consolidate the Scottish salmon and freshwater fisheries legislation is at an advanced state of development and is scheduled to be presented to Parliament later this year. It is the first such consolidated bill.

On access for anglers to enjoy their sport, I confirm Labour's commitment—which I am sure is shared by our coalition colleagues—to improve access to our rivers and lochs in line with our broader commitment to ensure and broaden responsible access to the countryside. We aim to repeal the Freshwater and Salmon Fisheries (Scotland) Act 1976 and replace protection orders with a new system when a legislative opportunity arises.

Photo of Dennis Canavan Dennis Canavan Independent

Is the minister aware that Lord Mackay of Clashfern, when he was the Lord Advocate, stated to me in a letter that the common-law position in Scotland is that freshwater fish in free-running water are not the property of anyone until they are caught, when they become the property of the person who caught them irrespective of whether that person is the owner of the fishing rights or has permission to fish from the owner of the fishing rights? Will the minister tell landowners to remove all "No Fishing" signs from areas that are not covered by a protection order?

Photo of Allan Wilson Allan Wilson Labour

Whatever else I am responsible for, I am not responsible for the statements of Lord Mackay of Clashfern—unfortunately. It is our intention to introduce a Scotland-wide system to balance the interests of anglers and riparian landowners. You will be aware, Dennis—you were probably at Westminster in 1976—that the current system is considered in certain areas to have failed in its primary objective of guaranteeing significant increases in angling access, although you introduced the legislation with admirable intent.

Photo of Allan Wilson Allan Wilson Labour

That can be checked, I am sure.

The monitoring mechanisms have failed. As soon as a legislative opportunity arises, we will introduce legislation to repeal the 1976 act.

Photo of Sylvia Jackson Sylvia Jackson Labour

Will the minister agree to introduce such a bill as soon as possible? Anglers who fish in the Stirling Council area say that low-income families and elderly and disabled people are increasingly being excluded from fishing and that the situation is getting worse.

Photo of Allan Wilson Allan Wilson Labour

I repeat that it is our intention to introduce legislation to repeal the 1976 act to broaden access. I shall do that as soon as the legislative opportunity arises.