Hans J Marter

29 June, 2007

SHIP to ship transfer of oil cargoes in Shetland and Orkney will not be hampered by new environmental legislation, the Scottish Executive promised yesterday (Thursday).

Rural affairs secretary Richard Lochhead assured northern isles MSPs Tavish Scott and Liam McArthur that new powers to stop oil transfer at sea would not be applied in Sullom Voe or Scapa Flow.

The new Conservation (Natural Habitat &c.) Amendment (No.2) (Scotland) Regulations agreed yesterday were drawn up by the SNP administration in response to the massive outcry by environmental campaigners against Forth Ports plans for ship to ship transfer in the Firth of Forth.

The amendment, passed yesterday, allows the executive to call in a plan or project which they consider may have a significant effect on a protected site and to ensure compliance with the Habitats Directive.

The rules will restrict the Rosyth-based port authority's plans to attract Russian oil shipped aboard small tankers through the Baltic Sea for transfer to larger ships for wider export.

But Mr Scott and Mr McArthur were fearful that the new rules could undermine Shetland and Orkney's attempts to attract similar business in the sheltered waters of their oil ports, where strict safety and environmental controls are in place.

Yesterday, during the debate in the Scottish Parliament, Mr Lochhead assured both MSPs that his concerns were unfounded.

In a letter to Mr Scott last night, the rural affairs secretary said: “With regard to ministers. Call in Powers, it is not the intention of Scottish ministers to use these powers to prevent existing legitime operations.

“All existing plans or projects that have previously gone forward in compliance with the Habitats Directive have nothing to fear.”

After parliament passed the legislation by a large majority, Mr Scott said: "I take the minister's assurances that Sullom Voe will not be adversely affected by this regulation.”

He added that he remained concerned that neither Sullom Voe nor Scapa Flow were consulted by the executive.

"The trouble is that they are introducing a piece of legislation to deal with an issue in one part of Scotland, but the regulation, of course, affects all of Scotland. That is not a good basis on which to make legislation.

"There is always a danger in rushing legislation which might have unforeseen consequences and can create problems where none previously existed," he said.

Last night Sullom Voe harbour master Jim Dickson said: "I am happy with the minister's response. This will not affect the ports of Sullom Voe and Scapa.

"However, we have to keep in mind that this legislation is a stop gap measure. It only gives the minister power to call in and delay things.

"Pressure should be applied to the UK government to abide by the Merchant Shipping Act which gives them powers to ban ship to ship operations excep where they are fully approved.

"If the UK government won't do that then a Scottish Marine Bill might be another opportunity to tie down sites where STS can be carried out."

Mr Lochhead has called on the UK government to get their act together and regulate the issue under the legislation that had been in place for some time.