To ask the Scottish Government whether it will provide an update on Transport Scotland’s engagement with Peel Ports regarding the introduction of a conservancy fee for leisure vessels sailing on the River Clyde. (S6O-04214)

Although some of Scotland’s ports are publicly owned or owned by communities, most are owned by commercial entities such as Peel Ports. It is for port owners to determine how best to manage their assets and utilise their resources, within the boundaries of any statutory requirements or limitations. In relation to fees and dues, how, when and what to charge forms part of that consideration. However, I am aware that the proposal has raised a number of concerns from vessel owners across Scotland who access the Clyde estuary. I therefore wrote to Peel Ports on 18 December regarding that issue.

I thank the Cabinet secretary for that helpful reply. She is very much aware of the concerns of the boating community. She will also be aware of the work that I have undertaken, alongside Kenneth Gibson and Clare Adamson, through the cross-party group on recreational boating and marine tourism, which I convene. Will the cabinet secretary confirm whether she is prepared to meet members of the boating community in order to listen to their serious concerns about the proposal? What powers does the Scottish Government have to prevent such a fee from being imposed?

Ship, passenger and goods dues are charges that can be levied under the Harbours Act 1964. The levels at which such dues are set is, in essence, a commercial matter for the relevant port authority. Section 31 of the act provides that Scottish ministers have a right of objection to the imposition of such charges if certain criteria are met, but that right has never been used in the past 25 years. Therefore, any person who is considering making a formal objection should take independent legal advice. Given that ministers might have an adjudication role, it might not be appropriate for me to meet directly with anyone who seeks to make such a legal objection. However, I am sure that, as he is doing today, Mr McMillan will represent the interests of his constituents in the boating community.

I understand that Peel Ports has committed to conducting a consultation before considering introducing any new charges, so I encourage members of the boating community to engage with that. I am sure that, as he is doing today, Mr McMillan will continue to represent the interests of his constituents in the area.

As Peel Ports has jurisdiction from the River Clyde at Glasgow Green right down to the Firth of Clyde, it has a significant impact on about 450 square miles of inshore waters. It has claimed that the imposition of conservancy fees for leisure vessels is common practice on the part of other statutory harbour authorities. I asked the Scottish Government whether it could provide data on that, but it does not hold such data, which I find alarming. Does the Cabinet secretary understand why that is the case? Will she look to gather data on other statutory harbour authorities’ charging of leisure vessel conservancy fees? Will she also examine the oversight and regulation of port authorities in Scotland more generally?

I set out the oversight and governance aspects in my previous answer. I must point out, though, that the vast Majority of port authorities are commercial operators, and we do not hold information about commercial entities across a variety of areas. However, given the current concerns, I will see whether it is possible to identify whether other commercial port authorities would be prepared to share their information to enable us to gain a better understanding. I understand that other such authorities charge in a way that has not been done for some of the vessels that we are discussing.