
The captive state


A few of days ago I mentioned the extraordinary decision of the Scottish Government to proceed with windfarm developments by unlicensed operators, something Lady Clark in the Court of Session has ruled is illegal. I also mentioned that an amendment to the Energy Bill had been tabled with a view to waiving the licensing requirement.
The amendment by Lord Teverson (who is, incidentally a trustee of RegenSW, "a leading centre of sustainable energy expertise and pioneering project delivery") was discussed in the Lords a couple of days ago and there were some powerful interventions from former Secretary of State for Scotland Michael Forsyth and another from the legal giant Lord MacKay of Clashfern (Hansard link here). Forsyth was keen to draw attention to the implications for the rule of law, noting that Salmond et al seemed to think 'their renewable energy ambitions trounce the law of the land'. MacKay meanwhile seemed to offer unqualified support to the decision of the Court of Session: