SNP ‘ban’ on fracking said to be ‘unlawful’

A lawyer who is acting for twopetrochemicalcompanies has accused the Scottish Government of establishing a “ban” on fracking which is “unlawful”.

Advocate Gerry Moynihan QC told Lord Pentland yesterday that the SNP administration has exceeded its legal powers with regard to the energy extraction method.

Mr Moynihan told the Court of Session in Edinburgh that through public statements the government has created a policy which will prevent the fracking industry from developing in Scotland.

He referred to a statement that Paul Wheelhouse MSP, the minister for Business, Innovation and Energy, made to the Scottish Parliament on 3 October 2017.

The lawyer also said that the Scottish Government’s view – that it has not yet created a formal policy and that Mr Wheelhouse was just stating its preferred political position – is incorrect.

He said that the only inference which can be drawn from the Holyrood’s administration statements is that there is a ban on fracking in place and that this alleged prohibition is illegal.

Urging Lord Pentland to rule in favour of his clients – the petrochemical companies Ineos and Reach CSG – Mr Moynihan added: “The Scottish Ministers have acted unlawfully. If one looks at the statements which have been one thing is clear – there is a ban on fracking in place.”

Mr Moynihan was speaking on the second day of a judicial review which has been brought by Ineos and Reach CSG.

Ineos owns two fracking licences in Scotland.

The hearing continues.