Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) (No. 2) Order 2006

I thank noble Lords for their contributions to the debate on this order. I shall try to deal with as many of the questions as I can. The noble Lord, Lord Maclennan, asked about ““consolidating””. In this context, it means making sure that together Scottish Ministers have authority under Section 36 in respect of matters on land, in territorial waters and in the zone. That was the thrust of that comment. He also inquired about other generating modes. This order is specifically about devolving powers so that Ministers have power in that zone which, as the noble Earl said, was dealt with by an earlier order that set out its boundaries. The question of devolving energy policy was considered at the time of the Scotland Act, but a decision was taken against such a devolution. I am sure that many noble Lords present participated fully and extensively in that debate. The Government’s position has not changed. A question was asked about contact with Scottish Ministers. The DTI maintains close contact with the Scottish Executive on matters of mutual interest. The issue of consultation was raised. It clearly is important. The process of applying for a Section 36 consent involves full consultation with stakeholders, including those interested in navigation matters. I hope that that deals with that matter. The question of wind farms that could straddle the border of the zone is interesting. If a wind farm were to straddle the English-Scottish border, the part in Scotland would be handled by the Executive and the part in England by the Secretary of State for Trade and Industry. The two organisations would have to work together to handle the two parts of the project. Whether projects arise that in fact straddle remains to be seen. I was asked about the differential in fees between those charged by the DTI and those charged by the Scottish Executive. The noble Lord is right that there is a differential. However, that may not remain the case, as the DTI’s fees will be reviewed in due course. The level of fees charged is unlikely to be a material factor for business, given that the cost of the project in question is likely to be several hundreds of thousands of pounds or more. These are big projects and, even with the differential, the level of fees is not likely to be a material consideration. A question was asked about the position of the River Tweed. We shall have to write to the noble Duke to confirm the position in so far as electricity generation may be affected. I think it will be one of the perpetual conundrums—the River Tweed question—but I know it is a serious question.