Future of the Crown Estate Consultation

Future of the Crown Estate: Consultation for shaping the Crown Estate in Scotland.

A 12 week consultation on the long term framework for the devolved management of the Crown Estate in Scotland was announced today during a visit to Rhu Marina, Helensburgh.

Devolution of the management and revenue of the Crown Estate in Scotland through the Scotland Act 2016 provides an opportunity to increase the benefits to Scotland and local communities.

Cabinet Secretary for Environment, Climate Change and Land Reform Roseanna Cunningham said:

“Control over the management and resources of the Crown Estate in Scotland should rest with the people of Scotland and this is a genuine opportunity to change the fabric of Scottish Society.

“This consultation is a once in a lifetime opportunity to help shape the future management of The Crown Estate in Scotland. Good Management of our land, marine environment and other natural resources is essential for Scotland’s future prosperity.

“I would encourage all those interested to respond to the consultation and help us to assume our new powers in a way which creates solutions which meet Scotland’s needs and interests.”

Amanda Bryan, Shadow Chairing Member of Crown Estate Scotland said:

“From the 1st of April decisions about both the day to day management and the future of the estate will be taken in Scotland which is a huge step forward. I along with the staff of the new interim management body will seek to manage the estate responsibly, delivering benefits to our partners, tenants and communities and ensuring that it remains in good order for the next phase.”

Background

The Scottish Government is taking a phased approach on devolution of the management of the Crown Estate. The consultation launched today will inform the second phase of devolution.

The consultation on the proposals will run until 29 March Details can be found on the Scottish Government website at: https://consult.scotland.gov.uk/crown-estate-strategy-unit/long-term-management-of-the-crown-estate

The Scotland Act 2016 introduced a new era for the management of Crown assets in Scotland. The Crown Estate in Scotland includes a diverse portfolio of property, rights and interests that influence many aspects of rural and coastal life in Scotland. The value of Crown Estate property in Scotland was £271.8 million and gross annual revenue was £14 million in 2015/16.

Crown Estate Scotland (Interim Management) is being established as a Public Corporation. It will take on its asset management role from 1 April 2017 subject to the completion of transfer of powers at Westminster. The Scottish Government is working to safeguard a smooth transfer for staff and ensure that the interim body provides stability and continuity of service to those who rely on existing Crown Estate leases or services as the management responsibilities are devolved to Scotland, particularly during the time needed for establishing a new permanent framework.

Rhu Marina is owned by The Crown Estate and leased to Quay Marinas, who operate the facility 24 hours a day.

info from http://news.gov.scot/news/future-of-the-crown-estate

Scotland’s place in Europe: differentiation is the name of the game

Scotland’s place in Europe: Differentiation is the key issue, says Scottish Government

Scotland needs to protect its access to the Single Market

The Scottish Government is making the case for Scotland retaining access to the Single market.

Scotland’s Place in Europe, the paper produced by the Scottish Government last December clearly states Scotland’s interests would be best, though not comprehensively, secured by the continuation of the rights and freedoms Scottish and UK citizens currently enjoy as members of the European Single Market, along with the broader economic and social benefits which adhering to the free movement for persons, goods and capital it provides.

Short of full EU membership, the least worst outcome for the UK as a whole would be to retain full membership of the European Single Market through the European Economic Area, and to remain in the Customs Union.

Remaining in the EEA would mean being part of an existing structure for engagement, which would provide greater certainty for businesses and citizens. Given the many years, perhaps decades, of uncertainty involved in the pursuit of bespoke deals with the EU and other world trade partners, Scotland’s interests would be best served if the UK retained its membership of the EEA.

Differentiation is the name of the game

The paper’s proposals on differentiation offer a feasible way to reconcile what now appears to be the UK’s current position to exit the EU and the Single Market with the democratic wishes of a majority of the Scottish electorate and their elected politicians, and will best mitigate the risks that Brexit poses to the Scottish economic and social interests.

An acceptance of the need for, and the case for, differentiation would be the first step towards detailed, constructive discussion of these options and others. 


The proposal would require very detailed discussion and negotiation. But this is worth the effort as this option is capable of meeting Scotland’s requirements for continued trade within the European Single Market, adherence to the “four freedoms” and implementation of the range of “flanking” policies which support and complement the operation of the European Single Market, while providing a feasible structure for continued free trade and movement across the UK.

Building on existing relationship

The proposal also has the merit of complementing and building on the existing relationships.

For instance, the Faroe Islands, not an independent state, is currently exploring the possibility of joining EFTA – a possibility that is under consideration5. It is envisaged that Denmark would “sponsor” the Faroe Islands membership of EFTA. This shows that a sub-state may enter into international agreements. In similar circumstances, and with its own legal system and strong tadministrative capabilities, Scotland would be well placed to meet those requirements.

If the UK Government could seek to maintain its current EEA membership, through an application for EFTA membership, it could then  seek a territorial exemption so that this membership would only apply to Scotland (unless other devolved administrations also requested it).

There is precedent for territorial exemptions in the EFTA Agreement. For example, Svalbard, which forms part of Norway’s EFTA membership, has elements of the EFTA agreement dis-applied to recognise its unique geographic and trading position.  (It could be certainly argued that Scotland’s islands confers it  a unique geographical position, and this should certainly emphasised , suggests the Scottish Islands Federation).  Unlike the “reverse Greenland” proposition, this option would be consistent with the referendum outcome, since it would only require formal UK membership of the EEA, and not of the EU.

Scotland must be allowed to put forward the differentiation option

It appears increasingly unlikely that the UK Government will choose to retain membership of the European Single Market through the EEA, a decision which could cost the Scottish economy up to around £11 billion per year.

The Scotland in Europe paper states the Scottish government’s intention to use the mechanism of the Joint Ministerial Committee structure to:

  1. a)  “Explore – openly, constructively and in good faith – options for a differentiated solution for Scotland that enables us to remain in the EEA while the rest of the UK leaves.
  2. b) Include any necessary commitment in the Article 50 letter to pursue a differentiated solution for Scotland that enables Scotland to remain within the European Single Market as the rest of the UK leaves.
  3. c)  Discuss, negotiate in the appropriate forums, and conclude the practical solutions and shared administrative arrangements we would need to put in place to make a differentiated solution work effectively. 
”

Potentially more devolved powers to Scotland

Policy for devolved functions currently subject to EU law must be the responsibility of Scottish Parliament, states the Scotland in Europe paper.

Some of the major devolved areas that will be affected include:

a) Agriculture, food and drink, in areas covered by the EU Common Agricultural Policy and EU law on food and drink, animal health and welfare, plant health, seeds, potatoes, pesticides and genetically modified organisms.

  1. b) Fisheries, aquaculture and the marine environment, which are subject to the EU Common Fisheries Policy and marine environment and planning laws.

c) Environmental protection, including laws on pollution, waste and recycling.

d) Civil law, in areas such as family law where the institutional and administrative arrangements which currently shape Scottish and European co-operation risk being undermined by the UK leaving the EU.

  1. e) Criminal law and law enforcement, particularly in relation to information sharing and co-operation, the European Arrest Warrant, prisoner-transfer agreements and counter-terrorism measures.
  2. f)  Health, where for example protections afforded under the European Health Insurance Card scheme are at risk.
  3. g)  Higher education and research, where Scotland has benefited from EU mechanisms for collaboration and funding.

Conclusion

A significant increase in devolution is required to protect Scotland’s key interests, including delivering any differentiated arrangement with the EU. A consequence of leaving the EU cannot and must not be that power is further concentrated in the UK Government and at Westminster.

Download  Scotland’s Place in Europe by clicking here.

other useful links: