Scotland Act 1998 (Specification of Devolved Tax) (Wild Fisheries) Order 2017

Debate between Lord Beith and Lord Duncan of Springbank

Wednesday 29th November 2017 Grand Committee

[Lord Duncan of Springbank]

I thought the last order was complicated. I will try to do justice to the questions. I welcome the support of the noble Lord, Lord McAvoy, and others. The noble Lord rightly asked what consultation has been undertaken. There has been significant collaboration between the UK and Scottish Governments over the impetus behind this approach. Noble Lords are right to note that there is no Bill as yet, but the argument underpinning this approach is that in due course there will be. This is in anticipation of that. We have international obligations on behalf of the salmon in a river, which the UK Government are taking very seriously. The recognition here is that the administration of that will rest with the Scottish Government in this instance. We will continue to ensure the outcome of that management is carefully considered so that we can move forward.

The noble Lord, Lord Steel, also asked about consultation. I hope my response answers his question. He asked whether he will be paying the tax, or whether the Duke of Buccleuch is the individual. Helpfully, I have the answer to that, I believe, on two pieces of paper. No, the Scottish Government do not intend to change the existing process to collect the salmon levy locally. The Scottish Government have ruled out the introduction of other taxes. However, these powers will future-proof wild fisheries management, ensuring that Scottish Ministers have the levers at their disposal should new evidence or circumstances merit the introduction of new taxes on the users, such as through a rod licence. The answer is no at the moment, but if a rod licence comes in it will be yes. I hope the noble Lord is okay so far.

The noble Lord, Lord Beith, asked quite a detailed and important question. I remember many years ago when I was a geography student that one of the big challenges was to try to determine exactly where tributaries were because it depends on the season, the rain and so on. Scottish legislation will be subject to the rules of legislative competence in Section 29(2)(a) of the Scotland Act, so English fisheries cannot be taxed. I think that answers his question quite clearly.

[Lord Beith]

Yes.

[Lord Duncan of Springbank]

That is very helpful. I thank my team very much; that was exactly the answer I was looking for in that instance. Good.

The noble Earl, Lord Cork and Orrery, asked an important question as well. The answer to where the money will be spent is that the salmon levies will be utilised in the district in which they are raised. I hope that gives some comfort to him in that regard.

I think those are the answers to the questions noble Lords posed. I hope that that is satisfactory.