THE FIRST Minister of Scotland will not have the power to declare a state of emergency north of the border under sweeping new powers announced yesterday to tackle terror attacks and other major incidents, writes political editor Steve Bargeton.

Jack McConnell confirmed yesterday that any such decision would be taken at Westminster although an emergency could be declared in Scotland alone.

He was speaking as the UK Government unveiled a new Civil Contingencies Bill to replace the 1920 Emergency Powers Act and the 1948 Civil Defence Act, which was drawn up to deal with the threat of an attack by the Soviet Union.

The proposed legislation, which will give police wide-ranging powers to take control of services and commandeer buildings and equipment, is designed to help authorities respond not only to terrorist attacks, but to emergencies including “floods, catastrophic storms, oil spills and war.”

It will allow ministers to issue orders barring the public from access to sensitive sites and evacuating affected areas.

The state will be able to take control of major financial institutions or declare a bank holiday to protect the markets from massive fluctuations in the wake of a disaster.

The Government has made major concessions on civil rights after concerns were raised that the bill could infringe civil liberty.

The new legislation will apply in Scotland in full and has been drawn up in conjunction with Scottish ministers.

At a Press conference yesterday, Mr McConnell said that as a direct result of the bill he and his ministers would more closely involved than ever in any emergency situations.

The new law will allow the First Minister to request Westminster to recognise an emergency situation limited to Scotland alone.

“We have agreed with the UK Government that the powers to call a state of emergency should remain at Westminster but the bill published today will allow much greater involvement by the Scottish Executive,” said Mr McConnell.

“Scottish ministers will have a clear potential to request a state of emergency should Scotland require that.

“There will also be a number of other statutory duties placed on public bodies and a clear role for us in the Cabinet sub-committee.

“Although, technically, these matters are reserved, from our point of view, they extend the involvement and engagement of Scottish Ministers and will ensure that we have an appropriate role in years to come.”

Justice Minister Cathy Jamieson said Scotland already has “robust” arrangements for preparing for emergencies.

“As an Executive we stand for safer, stronger communities.

“I am committed to ensuring that the people of Scotland can rely on robust arrangements for civil protection that are consistent across the whole of the UK,” she said.

“The Executive consulted with the stakeholders in our emergency services and in local authorities in 2003 on how civil protection arrangements may be enhanced.

“This process indicated that there was value in providing a single statutory framework for civil protection in the UK.

“This would ensure that our capabilities to plan for emergencies are consistent across the country. We believe that is what today’s bill will bring.”