By Steve Bargeton, political editor, and Claire Warrender

FROM TODAY Scottish ministers will be able to put a spanner in the works of controversial ship-to-ship oil transfers in the Fife estuary without being able to stop them.

MSPs yesterday unanimously adopted new powers enabling ministers to call in plans affecting protected sites.

However, it will take a change of UK law to stop oil transfers.

And MSPs of all parties yesterday united to call on UK ministers and MPs to act.

Plans by SPT Marine Services to pump about 7.8 million tonnes annually of Russian crude oil between tankers anchored four miles off the coast have met with fierce opposition from councils, residents and environment groups.

The final say lies with Forth Ports which stands to gain financially from the deal.

Environment minister Richard Lochhead made it clear that there was only so much the Scottish Executive and the Scottish Parliament could do.

“The power to regulate or stop ship-to-ship oil cargo transfer lies very clearly in Section 130 of the Merchant Shipping Act—a UK Act

“That power can protect sensitive sites from hazards arising from transfers.

“I believe that those powers need to be transferred to Scottish ministers, but in terms of this case today, we can rightly call on the Westminster Government to exercise those powers now.

“I hope the whole chamber will echo my call.”

The minister explained that this issue had “thrown up gaps” in the powers available to the Scottish Executive.

Mr Lochhead said, “By passing them (the new regulations) we will no longer be vulnerable to hazardous activities that fall within the powers of this parliament.

“However, as I have said, even with these regulations, the power to stop this proposal for ship to ship transfer in the Forth lies with Westminster.

“Today we are calling for those powers to be used.

“The proposals by Forth Ports and subsequent public concern has highlighted both gaps in existing legislation and the shortcomings of the parliament’s powers.

“Today we are putting our house in order to address the first of these issues and we require the co-operation of the UK Government to address the second.”

Mrs Marwick said, “This is a significant step forward by ministers to give greater control over such developments.

Claiming a victory for the local communities, she continued, “It has taken the SNP Government just one month after the election to put these measures in place while the Labour Liberal Government dithered for two years but did nothing.”

“While these measures will give Scottish ministers greater powers over Forth Ports in the way the company assesses the plans, it will not put the final decision in the hands of ministers,” she warned.

“Ministers are to be congratulated for finding a way through the legislative spaghetti they have inherited, but only the Westminster Government can transfer the powers from Forth Ports to Scottish ministers so that they can decide on these matters.

“I know Richard Lochhead will be in touch with the Westminster Government which can take immediate steps if it wanted to, to give these powers to ministers who will be much more concerned about the public interest than a private company.

“Now that Gordon Brown is the Prime Minister, he has a duty to act immediately to ensure that the views of his constituents as well as mine are heeded and order his UK ministers to get this situation sorted out once and for all.”

Her comments were echoed by mid-Scotland and Fife MSP Claire Baker who said the threat of oil transfers had not been lifted.

“The legislation passed today moves responsibility from Forth Ports to ministers for checking whether proposals for oil transfers meet European law.

“The hurdle has therefore not been raised and the prospect of ship-to-ship oil transfers off the shore of Fife remains.

“We believe the SNP must begin to work with the Westminster Government rather than against it to ensure we have a genuine and long-term solution to the ship-to-ship issue,” she said.