Under consideration PE2296: Reform marine energy licensing for data neutrality and maritime safety
Calling on the Scottish Parliament to urge the Scottish Government to reform offshore energy consenting to prevent developer-funded contractors from having a monopoly of the system and to ensure objective licensing, data neutrality and maritime safety. As part of this reform, the Government must mandate a state-administered independent data trust.
Background information
Under the Marine (Scotland) Act 2010, licensing must be objective. However, developer-funded contractors with a near monopoly control baseline data, minimising reported displacement risks.
A critical failure is the conflict with maritime safety law. Operating gear near subsea infrastructure violates safety guidance (MCA MGN 661), voiding Protection and Indemnity (P&I) and hull insurance. This invalidates mandatory crew insurance under UK Regulations (SI 2018/1106), making skippers personally liable. "Coexistence" is a legal fiction; independent fishers face permanent displacement (exclusion) under threat of uninsured criminal liability.
This exposes the Offshore Transmission Owner (OFTO) asset regime. Uninsured cable strikes cause catastrophic repair bills (£10m-£100m) with zero financial recourse against third parties, triggering debt defaults and grid availability penalties. National guidelines fail to account for insurance invalidation. The Scottish Parliament must mandate a state-administered independent data trust.
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