Scotland Bill — House of Commons, 2015-07-06
Topic: Mixed Topics
Andrew Egan Henderson Hendry (Scottish National Party, Centre-left): I rise to support new clause 57. The transfer of the Crown Estate in Scotland and its assets was a key commitment agreed to by the cross-party Smith commission, and I know that the Secretary of State will be keen to deliver it in full. The Heads of Agreement stated, in paragraph 32: "Responsibility for the management of the Crown Estate’s economic assets in Scotland, and the revenue generated from these assets, will be transferred to the Scottish Parliament. This will include the Crown Estate’s seabed, urban assets, rural estates, mineral and fishing rights, and the Scottish foreshore for which it is responsible." We have heard a lot today about the nonsense of connecting payments of the Crown Estate and the royal grant, so I will not go into that. I think it is fair to say that unfortunately we will not be supporting the amendment tabled by the hon. Member for North East Somerset (Mr Rees-Mogg) The amendment proposed by the hon. Member for Edinburgh South (Ian Murray) has the look of a sensible proposal. Were it not for the Treasury’s approach to the transfer scheme, it might have been worthy of support. However, when put together with the Treasury transfer scheme, it would have the effect of removing from Ministers the ability to exercise management functions, which would be logical and necessary The Bill, as it stands, fails to meet the promises of the Smith commission. New clause 57 would reduce the frankly unnecessary complexity of the current arrangements relating to the Crown Estate. By removing the reservation relating to the management of the Crown Estate, it would provide the Scottish Parliament with full legislative competence in relation to the management of the Crown Estate in or as regards Scotland. It would also transfer any functions of the Crown Estate Commissioners in relation to the rights to the continental shelf beyond the 200-mile limit adjacent to Scotland If the Government are truly committed to delivering on the promises of the Smith commission, much needs to be done to reduce the level of unnecessary complexity in the Bill. As drafted, it provides for restrictions on the Scottish Parliament’s ability to legislate and for retention of the Crown Estate Act 1961 powers. These carve-outs and powers of direction were not envisaged by the Smith commission. For example, the area of the continental shelf beyond the 200 nautical mile limit, where the Crown Estate has "spill over" responsibilities, is not covered by the proposals The Bill also excludes assets not wholly owned by the Crown Estate. The most striking example must be Fort Kinnaird shopping centre in Edinburgh. As I pointed out earlier, the Smith commission agreed that the Crown Estate’s economic assets in Scotland, and the revenue generated from them, would be transferred to the Scottish Parliament, and that specifically included urban assets. To be clear, that is economic assets and urban assets. Fort Kinnaird generates net revenue of up to £8.4 million a year—surely a significant urban asset—yet the Bill seeks to exclude it from transfer on the basis that for the Crown Estate it is not an asset. That is nonsense. The Crown Estate is in a 50:50 partnership with a company called Hercules. The seventh labour of Hercules was to capture the Cretan bull. In this particular piece of mythology that we are debating tonight, it is no Herculean feat to capture the bull contained in this exception. This is an asset. Therefore, to honour the Smith commission agreement, it must be included.