Emailed to me yesterday................Mmmmmm! Good afternoon, Thank you for getting in touch regarding the very important issue of Fracking. Please accept my apologies for the delay in responding, due to the importance of this issue I have looked very closely at all aspects regarding Fracking in order to provide a detailed response to your concerns. I feel particularly strongly about it given that all of the Clydebank & Milngavie Constituency is on the UK Government map of possible fracking sites. I do not want that to happen unless and until there is absolute certainty about no harm or damage to the environment, our health, individuals, communities and property. I am therefore glad that the SNP Scottish Government has set out that it will at all times and as a priority pursue a cautious, considered and evidence-based approach to hydraulic fracturing. This, of course, contrasts with the gung-ho approach of Westminster. Of course without the full powers of independence we cannot do all we need to in order to ensure such an approach is taken across the board. None the less with the limited powers we have here in Scotland, the Scottish Government has put in place protections for our communities and the environment, in relation to onshore unconventional oil and gas extraction. This includes using planning powers to strengthen the planning rules relating to unconventional oil and gas, and in the new Scottish Planning Policy, which was brought in in June, five further measures to strengthen planning powers in this area were brought in. These were: • Confirmation that the concept of buffer zones should be applied to all proposals for the first time; • Putting in place an additional requirement for risk assessments to be prepared, using a source-pathway-receptor model, to ensure a transparent and evidence-based approach to assessing whether proposed buffer zones are acceptable; • Making explicit that buffer zones will be assessed by the planning authority and statutory consultees, with a strong expectation that planning permission should be refused if they are unacceptable; • Ensuring that operators are upfront about their plans and that communities are consulted on all unconventional gas developments, including close involvement in the risk assessment process; • Requiring a fresh planning application (and public consultation) if permission was not sought for hydraulic fracturing but developers subsequently intend to undertake this process. The SNP Scottish Government also takes regulation of this area very seriously and our regulatory bodies have a robust regulatory process, including SEPA’s guidance on the regulation of shale gas and coal-bed methane. More information is available here. Furthermore, and in line with our evidence based approach, the Scottish Government instructed the independent Expert Scientific Group to consider these issues. They did so and set out both the opportunities and challenges and suggested various areas where the existing robust regulation could be further strengthened. The Scottish Government is convening a working group on unconventional oil and gas to take forward this work to tighten regulation. The Scottish Government’s response to the Independent Report into Unconventional Oil and Gas is available here. The SNP Scottish Government has also formally opposed the UK Government’s decision to remove the right of Scottish householders to object to oil and gas drilling and hydraulic fracturing beneath their homes. More information is available here. It is a source of great frustration that, to date, UK government decisions regarding unconventional oil and gas have proceeded with very limited consultation with the Scottish Government. However, it remains the case that the powers being used to remove Scottish householders rights in this area are reserved to Westminster and thus unfortunately we do not expect a Legislative Consent Motion to come before the Scottish Parliament on these matters until Westminster gives the Scottish Parliament full authority over this issue. I firmly believe that these powers should be devolved to Scotland as part of the enhanced devolution settlement which the Westminster parties vowed to deliver as their means of trying to win the referendum, and we have been making the case for these powers to come to Scotland. This would allow the Scottish Parliament to properly consider the issue. I suggest that if you share the view that these matters are better considered in Scotland that you also make your voice heard to your local MP urging them to support the calls for these powers to come to the Scottish Parliament as a matter of urgency. I have also attached a short briefing that a member of staff in my office has carried out which I hope you find of some information. Yours sincerely, Gil Paterson MSP
Posted on: Tue, 30 Dec 2014 13:48:56 +0000
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