What powers it has to scrutinise the issuing of licences to dredge, fish for or take cockles under the Solway Firth Regulated Fishery (Scot…

Section 4(5) of the Sea Fisheries (Shellfish) Act 1967 (the 1967 Act) requires that where the grantee of a Regulating Order does not propose to issue a licence to all applicants then it must notify the Scottish ministers of its intention. In such circumstances the Scottish ministers may give directions to the grantee including in relation to the number of licences I to be issued and the persons to whom licences should be issued.
Under Section 4(6) of the 1967 Act, if the grantee withholds licences without complying with Section 4(5) then the grantee shall be taken not to be properly carrying into effect the restrictions imposed by the Order. In terms of section 5(1) of the 1967 Act, where the Scottish ministers are not satisfied that the grantee is properly carrying into effect the restrictions imposed by the Order, they may remove the grantee’s rights under the Order.
Under Section 5(2) of the 1967 Act the appropriate minister may ask an inspector or other person to make inquiries or an examination in relation to a Regulating Order fishery including the licensing arrangements.
In the case of the Solway Regulating Order the licensing arrangements were one of the issues covered by the inquiry into the then proposed regulated fishery last autumn. The inspector’s only recommendation on licensing criteria related to vessel licensing and was conveyed to the SSMA. It will feature in a further assessment of vessel licensing, in which the Scottish Executive will have an involvement, once the coming short spring opening of the fishery has run its course.