16 May 2007

There are rules, you know ...

I hope that the Greens' proposal to stop ship-to-ship oil transfers in the Forth works out. The present situation where Forth Ports as the harbour authority is the decision-making body is morally wrong.

But I fear that it may not be as simple as the Greens claim. The Scotsman reports:
The Greens have led calls for the Scottish Parliament to be given an overarching role in these sorts of decisions, taking the say away from private companies like Forth Ports. Now they believe they have come up with a way of handing control back to the Scottish Parliament and the Executive.
They believe a "statutory instrument" - a parliamentary procedure - could be passed.
This would force Forth Ports to apply for a "certificate of compliance" with the Habitats Directive from the Scottish Executive, before any proposals which might harm the environment could be agreed to.
This would give ministers an effective veto over the ship-to-ship plans, without involving Westminster or Whitehall and without having to drive complicated primary legislation through the parliament.

Parliament cannot just 'pass' a statutory instrument. Such instruments require there to be enabling powers in primary legislation. In this case, such powers are not obvious. And, even if there were such powers and such an instrument were introduced, the Executive could not unreasonably withhold a certificate of compliance without adequate grounds.
Robin Harper, the Greens' leader, said the move could be accepted by parliament in a matter of days and may become law within weeks.

Well maybe. But the Executive lawyers will need time to consider the legal implications. And, arguably, there might need to be a period of consultation, both on the introduction of the statutory instrument and on the issue (or non-issue) of a certificate of compliance. Neither parliament nor the Executive can simply act without giving persons disadvantaged by their actions a chance to consider the matter.

But let us hope that any difficulties can be quickly resolved and that the proposal is well-founded.

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