Fracking is NOT banned, say the SNP (af ter they, er, ban fracking)

AN attempt to overturn a ban on fracking in Scotland is pointless – because the process is not banned here, a Scottish Government lawyer told a court yesterday.

Advocate James Mure, QC, made the astonishing claim despite SNP ministers insisting the controversial method of oil and gas extraction ‘cannot and will not take place in Scotland’.

Business minister Paul Wheelhouse told MSPs last October that the Scottish Government would not allow fracking north of the Border.

The SNP website states: ‘The Scottish Government has put in place a ban on fracking in Scotland – meaning fracking cannot and will not take place in Scotland.’

SNP leader Nicola Sturgeon told MSPs last year: ‘Fracking is being banned in Scotland, end of story.’

Deputy First Minister John Swinney has also pointed out that there is indeed ‘a ban on fracking here in Scotland’.

Transport Minister Humza Yousaf went further in an SNP conference speech, saying: ‘Under the SNP’s watch there will be no fracking in Scotland. And for the benefit of Scottish Labour who are somehow still greeting about our ban on fracking, bizarrely claiming it isn’t a ban – it is.’

However, yesterday Mr Mure urged the Court of Session to throw out a legal action aimed at overturning the ban. He said: ‘The concept of an effective ban is a gloss. It is the language of a press statement. What they have done is to announce a preferred position on the issue.

‘They have not yet adopted a position. Any position which the Government will take has to undergo an environmental and strategic assessment.

‘The court should therefore allow the policy-making process to go into finalisation, which is expected in October this year.’ Chemicals giant Ineos and Reach CSG believe the Scottish Government has acted unlawfully in relation to its policy on fracking and are seeking a judicial review of its actions.

The firms argue allowing fracking – firing water at high pressure into rock – would bring a financial boost to Scotland.

Legal papers lodged at the Court of Session by the firms argue the October 2017 statement by Mr Wheelhouse indicated a policy change – from a moratorium to a ban.

Ineos, which runs the Grangemouth petrochemicals complex, says Holyrood ministers made ‘very serious’ errors in their decision-making process. Last night, Scottish Labour’s environment spokesman Claudia Beamish said yesterday’s court proceedings proved the Government was putting ‘spin before substance’.

Miss Beamish said: ‘Nicola Sturgeon and her ministers told MSPs – and more importantly campaigners and communities – that Scottish towns and villages were no longer at risk from fracking and the environmental damage it can cause because they had banned it.

‘Now the Government’s lawyer is saying the opposite – saying it is the language of a press release. SNP ministers need to explain this – fast.’

The hearing continues.

‘Not yet adopted a position’