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

Alister Jack Excerpts

Tuesday 12th December 2017 General Committees

[Michael Ellis]

The matter has been considered carefully and the levy is considered to be conducive to the conservation and management of freshwater fisheries, yes.

[Mr Alister Jack (Dumfries and Galloway) (Con)]

How does the draft order fall into place with the Tweed Act and cross-border levy collection?

[Michael Ellis]

As far as the River Tweed is concerned, where it crosses over the border into England, this order will not apply; it will apply to the River Tweed in Scotland. Where the river crosses the border will be the demarcation point for the order.

--- Later in debate ---

[Mr Jack]

I have two questions. First, I thought the Tweed Act was reserved to Westminster. Secondly, I would ask the Minister whether the Border Esk, which rises in Scotland but flows into the sea in England, will receive the same treatment as is proposed for the Tweed.

[The Chair]

Does anyone else wish to speak before I call the Minister to respond?

[Michael Ellis]

On the first point, I of course welcome the position of the Scottish National party in welcoming this order. The order will come into force the day after Her Majesty approves it in Council. It can only go before Her Majesty in Council when it has gone through the legislative processes of this House, so a date has not been fixed for that, but it is not anticipated to be particularly far in the future. The activation of the order would be the day after Her Majesty approved it in Council, should Her Majesty do so.

On the exact legal ramifications relating to the River Tweed, I have said that the levies attracted by the Scottish Government will of course only apply within the jurisdiction of the Scottish Government. I can say no more than that at this point, but if there are any questions in particular about the exact specifics, we can certainly write to my hon. Friend.

[Mr Jack]

Does that also apply to the Border Esk?

[Michael Ellis]

As I have said, I am happy to write to my hon. Friend with more detail about that matter, but that is all the information I have on this order at the moment.

Question put and agreed to.