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Scotland Bill

This is a debate on an important issue, and in many respects I share the sentiments expressed by the hon. Member for Aberdeen North (Mr Doran). If the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) is raising the issue to ensure that it is debated and his concerns are heard, then I accept his right to do so. However, if he is seriously suggesting that the coastguard service should be devolved, then obviously the Government cannot accept his proposal. The point to be made is that this matter was not brought before the Calman commission; nor was it brought before the Scottish Parliament's Bill Committee or the Select Committee on Scottish Affairs as something that he had considered, along with the other changes that he proposed. Indeed, I am not even aware of the matter being raised as part of the so-called national conversation—something that you will have heard about in these exchanges, Ms Primarolo—which was promoted by the SNP Government in Edinburgh with the primary purpose, it would appear, of furthering the cause of independence at public expense. If agreed, new clause 3 would devolve the funding and management of coastguard services to the Scottish Parliament and a new Marine and Coastguard Agency (Scotland) would be formed. A consultation is currently under way on proposals for modernising the coastguard service, as the hon. Member for Aberdeen North said. The Government are inviting comments from staff, partner organisations and the public, and the consultation is on our proposed blueprint for the future structure of Her Majesty's coastguard. We are confident that the concept would produce a nationally networked coastguard service that was resilient, effective and efficient. However, the Government have recognised—including the Prime Minister, in an exchange with the hon. Member for Na h-Eileanan an Iar, which I saw—the considerable strength of feeling on the issue in certain parts of the United Kingdom, and have therefore extended the consultation period for an additional six weeks. Indeed, given the relevance and importance of the issue, my hon. Friend the Under-Secretary of State for Transport, the Member for Hemel Hempstead (Mike Penning) had hoped to be present for this debate, but he is now travelling to Stornoway and Shetland as part of an ongoing consultation and dialogue. He has met Members throughout the country, given the concerns that have been raised. The proposals include the establishment of two nationally networked maritime operations centres in Aberdeen and the Southampton-Portsmouth area. There would also be six fully integrated sub-centres located at Dover, Falmouth, Swansea, Liverpool or Belfast, Stornoway or Shetland, and Humber. With the exception of Dover, the sub-centres would operate in the daytime only. I stress again that the current proposals for coastguard modernisation are out to consultation. No decisions have been taken. Scottish interests will be taken into account when weighing up the needs of Scotland and the rest of the UK. However, as has been said, the simple transfer of powers would in no way guarantee how they would be used, what approach a future Scottish Government would take to the coastguard, or our ability to produce a nationally networked coastguard service. It is important to note that coastguard activities are interlinked with maritime services generally. They are very much an international activity. The parameters of many coastguard functions are largely determined by merchant shipping law, so if the former were devolved while the latter as a whole remained reserved, there would be potential for much confusion and either overlaps or gaps in functional coverage of the substantive law. The Maritime and Coastguard Agency is an Executive agency with no separate legal existence from the Secretary of State for Transport. It has a large number of responsibilities other than those relating to the coastguard and search and rescue functions. For example, it deals with merchant shipping and acts on behalf of the Receiver of Wreck. It is not clear from the new clause whether the hon. Member for Na h-Eileanan an Iar intends Scottish Ministers to assume responsibility for all those functions—although given his views on such matters, I suspect that he does intend that—or simply for those relating to search and rescue at sea. The Commission on Scottish Devolution, on which this Bill is based, did not review the coastguard service; therefore this Bill is not the place for discussions about it. That is the purpose of the ongoing consultation. I urge the hon. Members for Na h-Eileanan an Iar and for Aberdeen North, along with all those with an interest in this matter, to make their views known as part of that process. New clause 4 would devolve funding arrangements for shipping services. I have to concede that the hon. Member for Na h-Eileanan an Iar enthusiastically sped through his points about it, although the matters that he raised would have merited further discussion, as part of the fuller Calman process or the Committee's considerations. He made important points about incentivising the use of remote points, but this is not the appropriate moment to introduce that without the sort of scrutiny and analysis that we have seen for other clauses in the Bill. New clause 12 deals with Scottish maritime boundaries. It seeks to require the consent of the Scottish Parliament to any order made under section 126(2) of the Scotland Act 1998, and to require a boundary order to be issued in 2012. Again, the hon. Gentleman will be aware that the Calman commission did not recommend that provision, and as far as I am aware it was not raised with him.