SALMON netters have lost their claim against the Scottish Government over compensation to be paid by Holyrood for the extended ban on catching salmon in coastal waters.
The 114-year-old Salmon Net Fishing Association of Scotland brought the case in the Court of Session against the Government over the compensation scheme introduced by the Conservation of Salmon (Scotland) Amendment Regulations 2019, which updated a similar scheme brought in by the Government in 2016.
A European Commission order led to the original prohibition on netters catching salmon amid concerns about dwindling stocks.
READ MORE: Call for saving Scotland's salmon to be 'a national priority’
The original three-year ban has been extended and lawyers for the association argued that the 2019 compensation scheme which was brought in last April is “outwith the ministers’ legislative competence, ultra vires, and of no effect”.
In his written judgement issued at the weekend, Lord Pentland noted the netters case “that the 2019 compensation scheme does not strike a fair balance between the property rights of the Association’s members and the general interests of the wider community because it is arbitrary in its nature and in its effects”.
Giving judgement in favour of the Scottish Government, Lord Pentland noted expert evidence which found that “fewer salmon were returning to Scottish waters than in the recent past; those returning were smaller, in poorer condition, and of lower reproductive capacity”. He added: “It was estimated that the downward trend of returning salmon was continuing such that Scotland’s overall salmon population was considered to be less than half of what it had been in the early 1970s.”
Dismissing the action, Lord Pentland concluded: “The ministers have offered a rationally based compensation scheme that is, I consider, well within their margin of appreciation. I am satisfied that it strikes a fair balance. It is not manifestly arbitrary or unreasonable.”
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel