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

I thank the Minister for explaining the order clearly and at such length. Bearing in mind the broader concerns about potential problems that could arise from the split responsibility for the new electricity generating stations, this order adds to the Scottish Executive’s powers over electricity generating issues. While that poses no practical difficulties when the UK and Scottish Governments pursue similar energy policies, it is conceivable that problems could arise when the two Governments pursue different and contradictory energy policies. I would be grateful for the Minister’s assessment of that risk. A hypothetical example of that would be if the UK Government wished to push for an expansion of offshore wind farms, including a large site that straddled Scottish and English waters, but the Scottish Executive opposed such developments. Would it be fair for the Scottish Executive to have that effective veto? What dispute resolution processes would apply in those circumstances? The order also raises a potential constitutional issue. If, for example, English-based residents or interest groups objected for some reason to an offshore wind farm in the renewable energy zone that straddled Scottish and English waters, they would not have a democratic route via their MP to question the Scottish Executive on this matter. Can the Minister comment on that? I have a final question for the Minister regarding the differences between the DTI and Scottish Executive fees for processing an identical application. Why are the Scottish fees considerably higher? Will not the higher fees simply add to energy costs and might they deter applications for schemes that may not have large profit margins?