Public Petitions Committee Thursday 12 November 2020 Session 5 © Parliamentary copyright. Scottish Parliamentary Corporate Body Information on the Scottish Parliament’s copyright policy can be found on the website - www.parliament.scot or by contacting Public Information on 0131 348 5000 Thursday 12 November 2020 CONTENTS Col. CONTINUED PETITIONS ....................................................................................................................................... 1 Ship-to-ship Oil Transfers (PE1637)............................................................................................................. 1 Island Lifeline Ferry Ports (Parking Charges) (PE1722) ............................................................................ 23 Housing Legislation (Review) (PE1756) ..................................................................................................... 39 Scottish Local Government Pension Scheme (Actuarial Reductions) (PE1757) ....................................... 41 Primary Schools (Equal Teaching Hours) (PE1759) .................................................................................. 43 Referendums (Scotland) Act 2020 (PE1791) ............................................................................................. 45 Spòrs Gàidhlig Funding (PE1795) .............................................................................................................. 46 European Union Withdrawal Agreement (Powers of Economic and Industrial Intervention) (PE1801) ..... 47 PUBLIC PETITIONS COMMITTEE 19th Meeting 2020, Session 5 CONVENER *Johann Lamont (Glasgow) (Lab) DEPUTY CONVENER *Gail Ross (Caithness, Sutherland and Ross) (SNP) COMMITTEE MEMBERS *Maurice Corry (West Scotland) (Con) *Tom Mason (North East Scotland) (Con) *David Torrance (Kirkcaldy) (SNP) *attended THE FOLLOWING ALSO PARTICIPATED: John Finnie (Highlands and Islands) (Green) Paul Maxton (Scottish Government) Michael McLeod (Scottish Government) Martin Ritchie (Scottish Government) Paul Wheelhouse (Minister for Energy, Connectivity and the Islands) Chris Wilcock (Transport Scotland) CLERK TO THE COMMITTEE Lynn Russell LOCATION Virtual Meeting 1 12 NOVEMBER 2020 2 without consultation with Scottish ministers. Sadly, Scottish Parliament therefore, an opportunity for devolving that function has been lost. Public Petitions Committee I have made it clear that the Scottish Government has no powers over the decision- Thursday 12 November 2020 making process for any application for an oil transfer licence, and the regulations under which [The Convener opened the meeting at 09:30] such applications are made remain a reserved matter under the Merchant Shipping Act 1995. Continued Petitions When consent is given for any regulated activity that takes place in Scottish waters, it is for the regulator to ensure that environmental legislation Ship-to-ship Oil Transfers (PE1637) is complied with. In the case of ship-to-ship oil The Convener (Johann Lamont): Good transfer licences, that responsibility currently sits morning, and welcome to this meeting of the with the UK Government. Public Petitions Committee. Thank you for the opportunity to give some The first and only item on our agenda today is opening remarks. I am happy to take questions. consideration of continued petitions. The first The Convener: Thank you for that; we continued petition is PE1637, which was lodged by appreciate your attendance today. Greg Fullarton, on behalf of Cromarty Rising. I welcome John Finnie, who is attending the I will ask the first question. In your written meeting in relation to the petition. The petition submission to the committee last September, you calls on the Scottish Parliament to urge the stated that Scottish Government to ensure that environmental “Scottish Ministers expect Trust Ports to operate with legislation in Scotland is sufficient to prevent ship- reference to the Modern Trust Ports for Scotland: Guidance to-ship transfers of crude oil in environmentally for Good Governance and our experience is that Trust sensitive locations, such as the inner Moray Firth, Ports across Scotland do this.” and to enhance the accountability of trust port What evidence do you have for that claim? boards to their stakeholders. Paul Wheelhouse: I appreciate that that is an When we last considered the petition in important point. The Scottish Government December, we agreed to invite the Minister for recognises that Scotland benefits from a diverse Energy, Connectivity and the Islands to give oral and successful ports sector that contributes evidence, focusing on the accountability of trust significantly to local and regional economies and, ports. I am pleased to welcome the minister, as in some cases, the national economy. Our trust well as two Scottish Government officials: Michael ports have no shareholders or owners and, McLeod, who is head of marine conservation; and therefore, profits are reinvested in the ports. They Martin Ritchie, who is head of ports, shipping, make a significant contribution to local freight and canals. employment and economic growth. The “Modern Before we move to questions, I invite the Trust Ports for Scotland: Guidance for good minister to provide a brief opening statement. governance” notes that The Minister for Energy, Connectivity and “interested parties” the Islands (Paul Wheelhouse): Good morning who believe that a trust port is acting to all colleagues on the committee. I thank you for “in breach of the principles of the trust port” the opportunity to give evidence today. should raise the matter with the trust port board I take to heart the very real concerns of the communities that live around the Moray and “in the first instance”. Cromarty firths over the now withdrawn application There are also routes for recourse related to from the Cromarty Firth Port Authority to specific areas of concern. For instance, there are undertake ship-to-ship transfers of crude oil at sea well-publicised public consultations before any in the Moray Firth. marine licence or harbour revision order is To date, we have written four times to the considered for approval, and queries around noise United Kingdom Government to seek devolution of or light pollution or traffic congestion from a port the powers to determine applications for ship-to- should be directed to the local authority for ship oil transfer licences within Scottish waters. investigation. Ultimately, there are the options of Furthermore, the Secretary of State for Transport reporting matters to the police or of pursuing legal undertook a light-touch review of the regulations in means, although that comes with a cost, which is 2017 and amended them earlier this year, all an issue for the petitioners. However, the same arrangements apply to all ports in Scotland. 3 12 NOVEMBER 2020 4 Thankfully, complaints against trust ports in two of those complaints are about the port that I Scotland are very low in number, despite many think is the focus of the question. Certainly, our stakeholders regularly using or living in the vicinity records show that there seems to be a willingness of a trust port. That evidence suggests—although I from communities to raise issues. We may return appreciate that it is difficult to prove—that trust to that as well. ports are striving to be good neighbours and have We need to bear in mind that the activities of robust processes in place when matters are some of those ports are very significant for the escalated. If it were otherwise, we would expect a local economy, the regional economy and the much greater number of complaints and problems national economy. As with any industry, there may to come before Government. be rub points with local communities about some The Convener: There are quite a number of of the activities that go on, but, from the issues in there that members will address. information that we have on the Cromarty Firth port, protocols and procedures seem to be in You were quite explicit in saying that, in your place for the local community to voice any experience, trust ports across Scotland follow the displeasure. guidance. With respect, you have not given us any evidence for that. You have simply said that it The Convener: Thank you very much. looks as if that is the case because there have not My observation is that the submission from the been a lot of complaints. I think that the petitioners Scottish Government and the minister asserts would argue the opposite. Have you specific something for which they have no evidence, and evidence that the guidance is followed? there are clearly some concerns. Has any Paul Wheelhouse: Yes, as I understand it, consideration been given to putting the guidance convener. I apologise if I have given the wrong into law? Would that help to give people impression. Our records show that, this year, we confidence? have received just five representations about trust Paul Wheelhouse: All ports are obliged to act ports, of which two related to CFP. in accordance with the local legislation that The volume of complaints about trust ports is underpins their trust port status and with other not large. I appreciate that that is not quite the relevant law, whether they are trusts or privately or same as saying that we have evidence of good local authority owned. Trust ports are established behaviour, but it implies that the levels of and empowered by harbour orders, which are complaint about the activities of trust ports are, if made by Scottish ministers, and they are required anything, very limited.