| Allan Wilson:
I thank Tom
McCabe for lodging the motion and for the scrupulous work that the Robin
Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill Committee
has undertaken to bring us to this point, which concludes the preliminary
stage. The bill is the first private bill to come before the Parliament
and I am sure that the historic nature of the debate is not lost on you,
Presiding Officer, or on the other members who are present. The situation
reminds me of what Otto von Bismarck said about his experience of forming
legislation. To paraphrase his words, he said that private bills are like
sausages—it is better not to see them being made. I suspect that those
were wise words, but at this stage of considering the private bill we are
beyond that advice.
At this juncture,
I want members to be clear that the bill is principally a matter for the
Parliament and not for the Executive. It is for members to consider the
committee's report and to decide whether to accept the recommendation that
the bill should proceed to the next stage. The Executive takes a neutral
position on the bill, although it might lodge amendments, should that prove
necessary. My role is to provide members with the policy and procedural
background to the bill so that they can arrive at an informed decision.
I will touch
on the policy background that led to the proposal for the Robin rigg wind
farm. We believe that Scotland has a key role in tackling the effects of
climate change. To that end, the Executive is committed to the promotion
of all renewables technologies. Last year, we introduced the Renewables
Obligation (Scotland) Order 2002 (SSI 2002/163)—or ROS—which compels all
electricity suppliers to account for an increasing percentage of their
electricity from renewable sources and will stimulate growth in clean forms
of electricity generation. ROS has provided a tremendous incentive for
development. As members are aware, applications to build new renewable
electricity generating stations have flooded in to our consents team as
a result of the opportunities that the policy has created.
I think that
there are about 50 such applications at different stages of consideration,
but of them, the Robin rigg wind farm is the first offshore wind farm to
be proposed for Scottish waters. It comprises two adjacent developments,
each of which comprises 30 wind turbines, and the proposed combined output
will amount to around 200MW, which will make the wind farm Scotland's largest
renewable development to date. The promoters will require consents under
the Electricity Act 1989 and the Coast Protection Act 1949, and a licence
under the Food and Environment Protection Act 1985. Those consents will
permit the developer to construct and operate a power station; to undertake
works that lie below the high water that might endanger or obstruct navigation;
and to undertake civil engineering works that involve deposits in the sea
or under the sea bed. The developers have applied for those consents, all
of which will be determined by the Executive and, in the case of the Electricity
Act 1989 consent, by ministers.
I stress that
the proposal is subject to those consents, which are still to be determined
by the Scottish ministers, and that the merits or otherwise of the wind
farm are not a matter for the debate. Time scales for offshore development
are largely driven by leasing arrangements that the Crown Estate puts in
place. The Crown Estate has entered into leasing arrangements for a period
of 22 years for the first round of wind farms. The arrangements cover everything
from rent to maintenance requirements and the lease will be signed only
when the statutory consents to which I referred are in place. While that
process is under way, the Crown Estate has entered into an agreement for
lease with the developers.
In assessing
the developers' suitability for lease, the Crown Estate considered their
financial standing and expertise in both offshore and wind technologies.
In promoting the private bill, the developers aim to put measures in place
which, as Tom McCabe said, will ensure as far as possible that the wind
farm operates without interference and that it generates—if members will
excuse the pun—sufficient revenue to make the project commercially viable
from the developers' perspective. Our next policy step is to streamline
the processes.
I will not burden
members with the intricacies of the bill, but it might be useful if I outline
what the bill seeks to achieve. The debate concludes the preliminary stage
of the bill's parliamentary passage. Prior to the introduction of the bill
in June 2002, the promoters had to comply with a rigorous set of demands.
In focusing on the parliamentary procedures, I am mindful of the promoters'
commitment in bringing us to this stage.
Following the
introduction of the bill, a committee was established and charged with
producing a report on three issues: whether the Parliament should agree
to the bill's general principles, whether it should agree that the bill
is appropriate to proceed as a private bill and whether objections should
be heard at the consideration stage. In considering the bill's general
principles, the committee had to consider the bill in the round without
focusing unduly on points of detail, which, as Tom McCabe pointed out,
are properly a matter for the consideration stage. The committee is content
that the Parliament should agree to the general principles of the Bill.
In deciding
whether it is appropriate that the bill proceeds as a private bill, the
committee had to satisfy itself on two points. First, that the bill conforms
to the definition of a private bill and secondly that the bill's accompanying
documents are adequate to allow proper scrutiny. The committee is of the
view that the bill meets the definition and that the documentation will
allow the said scrutiny.
The third and
final role of the committee at the preliminary stage was to consider any
objections lodged and to decide on the objectors' right to be heard at
the subsequent consideration stage. The committee's role at that stage
was not to decide on the admissibility of objections—that is settled when
objections are lodged—nor was it the committee's role to consider the substance
of the objections or to hear the objectors' arguments against the bill.
That is for the consideration stage. During the preliminary consideration,
the committee was limited to satisfying itself that each objection is based
on a reasonable claim that the bill would adversely affect the objector's
interests. The committee has carried out the preliminary consideration
of objections and has rejected one objection, allowed one objection and
allowed one late objection, but limited its scope.
As Tom McCabe
pointed out, the bill does not confer powers to build the wind farm, nor
does it allow the developer to generate electricity. Those powers will
be conferred only if the Scottish ministers decide that the requirements
for the consents to which I referred have been met. The question whether
the bill should receive the Parliament's support is solely for the Parliament
to decide.
The committee's
report concludes that a statutory remedy is necessary to achieve the promoters'
aims and recommends to the Parliament that the Robin Rigg Offshore Wind
Farm (Navigation and Fishing) (Scotland) Bill should proceed as a private
bill. If the Parliament agrees to the motion, the bill will proceed to
the consideration stage. If the motion is not agreed to, the bill will
fall.
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