By Steve Bargeton, political editor

THE FINAL decision to allow controversial oil transfers between ships in the Firth of Forth could be taken by Scottish ministers after all, it was revealed yesterday.

Sunderland-based SPT Marine Services, formerly known as Melbourne Marine Services, wants to pump about 7.8 million tonnes of Russian crude oil a year between tankers anchored four miles off the Fife coast.

Campaigners are concerned that the operation could result in an oil spill that could devastate the environment in the estuary.

Ministers have repeatedly deflected calls for them to intervene claiming that the issue had nothing to do with them. But yesterday, in a major development, First Minister Jack McConnell conceded for the first time that Forth Ports might have to obtain a licence from the Scottish Executive after all.

The development now places the issue firmly on the agenda in the campaign for the Holyrood elections in May, with Labour and the Liberal Democrat coalition parties under pressure to provide assurances.

The admission that ministers might have to grant a licence is entirely at odds with evidence given by the Executive to MSPs on the Holyrood environment committee. Only this month deputy environment minister Sarah Boyack said, “It is not for the Scottish Executive to tell Forth Ports that it needs a licence.

“SNH (Scottish Natural Heritage) has given information to Forth Ports which now has to consider the available evidence.

“It is then for Forth Ports as the competent authority to come to a decision—and it will have to be able to defend its position.”

But at First Minister’s Question Time last week Mid Scotland and Fife SNP MSP Bruce Crawford pointed out that the UK Transport Minister had said that, “...it is the responsibility of the Scottish Executive to determine whether a licence would be required for ship-to-ship transfers in the Firth of Forth.”

Mr Crawford asked, “Will the First Minister clarify the situation? Is it for the Scottish ministers or Forth Ports to make a decision? Who is right?”

Jack McConnell said he did not know, but would reply to Mr Crawford in writing. This he did yesterday saying, “SNH has also raised the possibility that Forth Ports require to obtain a licence from the Scottish Executive...

“As I understand it, SNH is yet to establish whether or not there is indeed a need for Forth Ports to apply for such a licence.”

Last night Mr Crawford said it was finally clear that the final decision over the controversial ship-to-ship oil transfer operation could lie with the Executive.

“Scottish ministers are the masters of SNH and it is for Scottish ministers to ensure that SNH make it clear that a licence is required,” he said.

“The Scottish Executive have all the power they need to begin the process of stopping the ship-to-ship oil transfer plan.

“We have been told my ministers that this is nothing to do with them. That is why I asked this question of the First Minister a week ago. Now it is clear they have substantial powers. It is time they stopped pussyfooting around on this issue.”

Green MSP Mark Ruskell said, “There is confusion and inaction at the heart of the Executive’s response to the oil threat. We need clarity on the Executive’s existing powers, but ministers also need to change the law to give them the final say rather than unelected, unaccountable companies such as Forth Ports plc.”

* Concerns about the transfers were top of the agenda when MP John MacDougall addressed a meeting of Denbeath Co-operative Women’s Guild.

A spokeswoman for the guild said, “It is highly likely that the guild will pass a motion to our national congress which condemns this idea.”

Mr MacDougall said, “Con-cerns were there from the start and it soon became obvious that there was no support for ship-to-ship oil transfer from any body other than those which stood to profit financially from it.

“I have not received a single piece of correspondence in support of the proposal.

“I have argued that with facilities for oil transfer available already at Nigg, Scapa Flow and Sullom Voe there is absolutely no need for this practice in the Forth.

“The River Forth is notoriously turbulent, yet Charles Hammond, chief executive of Forth Ports, refused to see any parallel between the tanker that broke its moorings at Braefoot Bay and what might happen in the estuary.”

The MP told the meeting he intended to continue to put forward the views of his constituents at every opportunity.