C O S L A C O N F E R E N C E 2 0 1 4

DIFFERENTIAL DEVOLUTION

A perspective of the Islands Councils

Dr Steven Heddle Leader, Orkney Islands Council

Our premise

• One size does not fit all• Nor should it

– Article 174– Montgomery– Localism– Lerwick Declaration – a response to our

campaign

Demonstrably things are different in the Islands

• Geography• Range of issues• and a range of

issues…

Range of ServicesHarbour Authority

Range of Services

300,000 plus passengers a year3,000,000 litres of fuel14 MWh ‘round trip’ fuel burn

Nine Inter-Islands Ferries – serving our Island Communities

Range of ServicesRenewables

“At no other site in the world would you find such an array of tidal energy devices than at the quay at Hatson”Eileen Linklater – Client Relationship Manager at the European Marine Energy Centre (EMEC)

Range of ServicesOil Port

Range of servicesInternal Air Services and Airfields

EdayNorth RonaldsayPapa WestraySandayStronsayWestray

And culturally as well

In reality local government has been different here

• Always unitary authorities since 1974• Limited extra powers

– Orkney County Council Act– Zetland County Council Act– Shetland Shellfish Act

We’ve seen too much centralisation over time

• Tax• Customs• Coastguard• Lighthouse Board• Local Enterprise Control• Police and Fire• What next?

What else are we planning to do?

OrkneyShetland Western Isles

We have a once in a lifetime opportunity to establish the place of the islands in this country, and we would not be forgiven if we missed this opportunity.

A COMBINED VOICE

17 June 2013

Launch of Our Islands Our Future

24 June 2013

Support from the Islands Commission

25 July 2013

Scottish Govt. ‘Lerwick Declaration’ and Ministerial Working Group

14 August 2013

UK Secretary of State for Scotland invites Islands Leaders to talk

29 August 2013

First meeting of the Island Areas Ministerial Working Group

19 & 20September 2013

Our Islands Our Future Conference in Kirkwall

“...my strongest feeling leaving Orkney was a strong sense of pride that our local politicians had stood together for their own and each other’s communities” An Island delegate

14 & 15 October 2013

Stornoway Discussions – Secretary of State for Scotland29 October

2013

Second Meeting of the Island Areas Ministerial Working Group

14 November 2013

Three Leaders named Herald’s Scottish Local Politician of the Year

21 November 2013

ThirdMeeting of the Island Areas Ministerial Working Group

29 November2013

Westminster Discussions – Secretary of State for Scotland and UK Ministers Formal Talks

with Scottish Labour – the Leaders meet with Sarah Boyack MSP and David Stewart MSP

31 January2014

17 February 2014

Fourth Meeting of the Island Areas Ministerial Working Group

“These islands have been quick off the mark. I like this initiative. It represents a lesson for other parts of Scotland.”Professor James MitchellUniversity of Edinburgh

PROGRAMME MANAGEMENT – WORK STREAMS GOING INTO 2014

June – December 2013 2014 2015 - 2016

LOCA

LSc

ottish

Go

vern

men

tUK

Gov

ernm

ent

EURO

PE

Local Media interviews / press releases / key achievements

Recognisable Branding and Logos

Updates to Partners at Community Planning Partnership Meetings

Our Islands-Our Future Conference Kirkwall 19 & 20th September 2013

Elected Member / Staff Newsletter

Lerwick Declaration: 24 July 2013 – announcement of Island Areas Ministerial Working Group

1st IAMWG 29.08.13Crown Estate

2nd IAMWG 29.10.13Marine PlanningEnergy – Oil, Gas & RenewablesIsland Proofing

3rd IAMWG 21.11.13Enterprise ResponsibilitiesFishingAquacultureCrown Estate (return of paper)

4th IAMWG 17.2.14

5th IAMWG 24. 05.14

6th IAMWG 24. 05.14 Draft

Prospectus

Workplan

VOTE18.09.14

Purdah21.08.14

New Papers

Returning Papers

Ongoing research, briefing papers , lobbying & negotiationOngoing research, briefing papers , lobbying & negotiation

Consideration of offer by Islands Councils

Scottish Government Discussions “CHINESE WALL”

UK Government Discussions “CHINESE WALL”

DRAFT

Develop and implement Public Engagement

Act for the Islands

Programme Management Activity – planning ‘opportunity’ & ‘quick wins’

Work Streams: Public Sector Change, Ofgem, Energy, Crown Estate, Europe

29.11.13Meetings with the Scotland Office – planning

UK Government support to open doors into Europe

New Work Streams: e.g. Innovation, Trade and Industry (UKTI)

Conversion of ‘’quick wins’ prior to September 20134

SG VOTE5.05.16

14 & 15.10.13Meetings with the UK Government / Scotland Office

Potential meetings in Brussels:• Support for the Principles – Articles 5, 170 and 174• Support for EU Charter of Local Self Government

(implementation)• Representation in Europe• Role in influencing policy

UK VOTE7.05.15

Our

Isla

nds

Our

Fut

ure

Laun

ch 1

7 Ju

ne 2

013

14 & 15.10.13European Opportunities - Scotland Office, FCO, and Cabinet Office

Conversion Work (YES VOTE) for Prospectus promises or detailed negotiation to convert areas related to devolved matters (NO VOTE) (based on principle of ‘no reason to refuse’ ).

Ongoing research, briefing papers , lobbying & negotiation

Ongoing longer-term goals

Identifying opportunity

Negotiate and drive change

Develop discussions and secondary work streams with other major political parties (awareness of the Scottish Parliament Elections in May 2016)

Develop discussions and secondary work streams with other major political parties (awareness of the UK Parliament Elections in May 2015)

Ongoing research, briefing papers , lobbying & negotiation Ongoing research, briefing papers , lobbying & negotiation

Ongoing research, briefing papers , lobbying & negotiation Ongoing research, briefing papers , lobbying & negotiation

Area 1: Marine Resources & Energy Growth

Local Authority direction of sea-bed resources

Greater Local Control of Overall Marine Resources

Renewable Energy

Fisheries

Aquaculture

Oil & Gas

Marine tourism, recreation, culture and heritage

Environmental management and protection in the marine area

Other Areas

‘Resource Rights’ – e.g. Aquaculture, sea water resource rights

Marine Spatial Planning, Marine Scotland – local control(Article 5)Crown EstateArticle 174

Obligation CertificatesRegional Government means ‘regional’ – EU principle re: Energy (Article 170)

Control of Inshore Fishing

Blue Economy

Key elements• Crown Estate• Sea bed / territorial –

ownership / use / investment• Planning • Environmental Issues• Oil & Gas exploration

Key elements• Sea bed ownership –

including minerals etc. Key elements• Marine Scotland – Marine planning• Consent processes

Key elements• Renewable Obligation

Certificates• Transmission Charges

Key elements• Transmission charge

parity• Electricity infrastructure

parity• Investment and legislation• International North Sea

Power Grid• Interconnector

Key elements• Fishing Rights• Territorial Waters

• Sea Fish Levy• Inshore Fisheries – control &

regulation

Key elements• Blue Economy Rights

Aquaculture – costs, transport

FOCUS

b

a c d

f

g

h

e

In progress: further phase of work being developed

Campaign Area 1: Focus of Campaign

Campaign Area 1 Components14 August 2013

SHEET 2

Area 2: Constitutional Status & Public Sector Change

Area 3: Economic Drivers and Island Wellbeing

An Act for the Islands

Article 174

Democracy“A New Body”

Funding, Revenue, Sustainability

Proportionality, Specific Measures for Islands, The ‘neighbour authorities’ principle

Greater Subsidiarity

A Level Playing Field

An Islands Innovation Zone

Key elements• Status embodied in legislation

• Local Act powers• Competences

• Parliamentary boundaries

In progress: further phase of work being developed

Key elements• Legislative protection e.g. Island Strike

Price• Universal Service – postal

• Next Generation Mobile Services• Universal Broadband Services• Road Equivalent Tariff• Air Discount Scheme

• Article 170

Key elements• Islands Innovation Zone• Levy on energy production (Island

retention)

• Community Benefit• Air Passenger Duty exemption• Aggregate Levy

Key elements• Island Article 174 status• Recognition at Government Level (Art. 174)

• Local Govt. as regional tier of government• EU relationship/representation

• Access to EU funding and mechanisms for distribution

Key elements• Public sector structures

• Public Service Reform• Local efficiency

Key elements• Article 5• Crown Estate• Planning

• Public Service reform• Enterprise responsibilities• European Programmes and Funding• Transport Bodies

• Island Ferry Services• Local Taxes / Revenue• Tax levies

Key elements• Taxation and revenues• Sea-bed rights and revenues

• Funding Settlement• Ship Registry• Fishing Boat Licensing

Key elements• State Aid• Marine Planning

• Land Based Planning• ‘Island Proofing’• Insularity / Rural Deprivation

• Right of Appeal

Subsidiarity in our own area

Key elements• Article 5 “Subsidiarity Principle”

FOCUS

a

b

c

d

e

f

a

b

c

Campaign Areas 2 and 3: Focus of Campaign

Campaign Areas 2 and 3 Components14 August 2013

SHEET 3

2013

Aug. Sept. Oct. Nov. Dec. Jan. Feb. Mar. Apr. May. June.2014

Crown Estate and Marine Resource Management

Energy Growth (Oil, Gas, Renewables), Marine Planning and Article 170 Principles (Trans European Networks – Energy Infrastructure)

Economic Drivers, Innovation Zones, Funding and Revenue, Role of HIE, Article 170 Principles (Trans European Networks – Transport)

Island Wellbeing, Culture and Level Playing Field, Article 174, Article 170 Principles (Trans-European Networks – Communications)

Constitutional Status and Public Sector Change, EU Relationship and Representation

1. The Overall Package – what it now looks like and tying up the loose ends

2. The Final Report

DRAFT Work Plan: Ministerial Working Group – input from the Campaign Areas

Local Authority direction of sea-bed resources

a

‘Resource Rights’ – e.g. Aquaculture, sea water resource rights

c

Marine Spatial Planning, Marine Scotland – local control(Article 5)Crown EstateArticle 174

d

Oil & Gas

Blue Economy

e

Article 174

Funding, Revenue, Sustainability

Subsidiarity in our own area

b

d

f

Greater Subsidiarity

a

Marine Spatial Planning, Marine Scotland – local control(Article 5)Crown EstateArticle 174

Regional Government means ‘regional’ – EU principle re: Energy (Article 170)

Article 174

Funding, Revenue, Sustainability

Subsidiarity in our own area

Proportionality, Specific Measures for Islands, The ‘neighbour authorities’ principle

Greater Subsidiarity

A Level Playing Field

An Islands Innovation Zone

1

f

b

d

f

e

a

b

c

Article 174

Funding, Revenue, Sustainability

Subsidiarity in our own area

b

d

f

Greater Subsidiarity

A Level Playing Field

An Islands Innovation Zone

a

b

c

Control of Inshore Fishing

Aquaculture – costs, transport

g

h

Marine tourism, recreation, culture and heritage

Environmental management and protection in the marine area

Article 174

Funding, Revenue, Sustainability

Subsidiarity in our own area

Proportionality, Specific Measures for Islands, The ‘neighbour authorities’ principle

b

f

e

Democracy“A New Body”

c

Greater Subsidiarity

A Level Playing Field

a

b

d

An Act for the Islandsa

Article 174

Funding, Revenue, Sustainability

Subsidiarity in our own area

Proportionality, Specific Measures for Islands, The ‘neighbour authorities’ principle

b

f

e

Democracy“A New Body”

c

d

Input from all Campaign Areas / all subject areas

Work Plan – input from Campaign Areas (Subject Areas)14 August 2013

SHEET 4

Note: These are the Subject Areas from which the ‘key elements’ are drawn for each meeting

2 3 4 5 6

Crown Estate – looking to ensure revenues remain

on the islands

Oil & Gas – community

benefit for the Islands

Renewables – community benefit and

supporting the sector

Community Benefit – to

support services, to support

communities

Marine Planning – more local influence and

control

“Island Proofing” – making sure common sense

prevails

Economic Drivers and Enterprise –

business support and jobs

Fisheries, Agriculture, Crofting –

support for our traditional industries

Aquaculture – community

benefit for the Islands

Islands Innovation Zone

– attracting funding and new

businesses

Transport – a fair deal

Tourism – supporting and growing a key

sector

Engineering and Construction –

levelling the playing field

Digital Connectivity – faster, more,

better coverage

Special Status in Europe

Single Public Authority – more

efficient, local delivery

Legal & Constitutional

Status – ensure we have a

Council in the future

Funding Settlement and

Revenues – money to run our

services

State Aid – recognising the difficulties our Islands face

Land Based Planning – local decision making and the right of

appeal

Culture and Creative

Industries – recognising just

what is so special

…and much, much more …

Five main themes

• Local control and local decision making

• Community Benefit• Island Proofing• Better representation and a closer

working with Europe• Constitutional Status and Public

Sector Change

Our asks to government are:

• Reasonable and well founded• Not unusual when you consider other

islands

When does this come to fruition?

• April/May 2014 for UK Gov Concordat• June 2014 for SG prospectus• Ongoing with Labour for manifesto

To what extent will our dreams be realised?

• Dependent on commitment and principles of government

• Dependent on referendum• Dependent on next Scottish

Government– Meanwhile commitment to Act for Islands

and White Paper commitments

To what extent will our dreams be realised?

Ask us in October – we’re not going away

We understand what our Islands need to thrive

Give us the tools to do it ourselves