Scotland Act 1998 (River Tweed) Order 2006

My Lords, first, I thank the noble Duke, the Duke of Montrose, for his very kind words. I am glad to hear that the fame of Glen Clova has spread to this House. Not only do the sheep there have a well known pedigree but there was also the problem of whisky being produced in the 19th century in a way that would not be regarded as entirely lawful today, so Glen Clova has a number of resonances. I should point out that I am associated neither with the sheep nor with the whisky in this regard. I thank the noble Lord, Lord Maclennan, for his kind words. Perhaps I may come to the points that he raised in a moment. I found it particularly gratifying to hear from the noble Baroness, Lady Carnegy of Lour. I am glad to see that we both share an enthusiasm for Glen Clova—it truly is one of Scotland’s loveliest glens. I suppose that this is the wrong place to say that because other people may hear about it as a result and may crowd us out a little. I thank the noble Earl, Lord Mar and Kellie, for his kind words. Perhaps I may deal in order with the issues that have been raised. The noble Lord, Lord Maclennan, raised questions arising out of the Explanatory Memorandum and, in particular, the possible extension of the notion of the Tweed River. I understand that the notion of the Tweed River has traditionally been regarded as extending beyond the part of the river that is described on maps as the Tweed. That is a reflection of the earlier legislation and this is certainly a consolidation aspect in that regard. I understand that the consultation was widespread, that the Government were involved, and that it went beyond the normal organisations and to angler and proprietor representative organisations. As I understand it, Article 74 applies in the English part and is set out in the order in that way. The article simply permits a prosecution by the commissioners. With regard to the point about prosecution raised by both the noble Earl and the noble Baroness, if the offence is committed in Scotland, then the prosecution will take place in Scotland, and vice versa if the offence takes place in England. I gather that guddling trout is a vexed issue among the young—certainly in various glens in Scotland. None the less, it is an illegal act and, were people to be caught—I have never participated in such a thing myself—then perhaps sadly for some, prosecution would proceed. The question of netting rights raised by the noble Earl, Lord Mar and Kellie, is a matter of some complexity. I should be obliged if I might be allowed to produce a written answer to it as soon as possible. If there are no other matters, I commend the order to the House. On Question, Motion agreed to.